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Dane County Divorce Records

What Are Dane County Divorce Records?

Divorce records in Dane County are official legal documents that provide evidence of the dissolution of a marriage within the jurisdiction of Dane County, Wisconsin. These records are maintained pursuant to Wisconsin Statute § 767.35, which governs judgment of divorce or legal separation. The records document the legal termination of a marriage and contain information about the parties involved, the grounds for divorce, and the court's decisions regarding property division, child custody, and support obligations.

Divorce records in Dane County consist of two primary components:

  • Court case files: Complete documentation of divorce proceedings maintained by the Dane County Clerk of Courts
  • Divorce certificates: Official vital records documenting the fact of divorce maintained by the Wisconsin Department of Health Services

These records serve multiple important purposes for individuals and society, including:

  • Legal proof of marital status change
  • Documentation required for remarriage
  • Evidence for name change processes
  • Verification for Social Security benefits
  • Supporting documentation for loan applications
  • Required evidence for immigration matters
  • Historical and genealogical research

The Dane County Circuit Court, operating under the authority of the Wisconsin court system, processes and maintains divorce case files as part of its family court division. The actual divorce certificates are maintained at the state level by the Wisconsin Vital Records Office.

Are Dane County Divorce Records Public?

Dane County divorce records have varying levels of public accessibility depending on the specific type of record and the information contained therein. Under the Wisconsin Public Records Law, most government records, including court records, are presumed to be open to public inspection. However, this access is subject to specific limitations regarding divorce proceedings.

Court divorce case files in Dane County are generally accessible to the public with certain exceptions:

  • Records containing sensitive financial information may be redacted
  • Documents with children's personal information are protected
  • Records sealed by judicial order remain confidential
  • Certain domestic abuse cases may have restricted access

Certified divorce certificates, which are maintained by the Wisconsin Vital Records Office, have more restricted access. Pursuant to Wisconsin Statute § 69.20, only the following individuals may obtain certified copies:

  • The parties named in the divorce
  • Immediate family members
  • Legal representatives of the parties
  • Persons with a direct and tangible interest as determined by statute

Members of the public who do not qualify for certified copies may obtain uncertified informational copies that contain limited information and cannot be used for legal purposes. These informational copies clearly state they are not valid for identity or legal purposes.

The Dane County District Attorney's Office notes that while divorce records are generally public, specific sensitive information may be redacted to protect privacy interests while still maintaining the public's right to access court proceedings.

How To Find a Divorce Record In Dane County in 2026

Members of the public seeking divorce records in Dane County may utilize several methods to locate these documents. The appropriate method depends on the type of record needed and its intended use.

For divorce court case files:

  1. Visit the Dane County Clerk of Courts office in person:

    Dane County Clerk of Courts
    Dane County Courthouse, Room 1000
    215 S Hamilton St
    Madison, WI 53703
    (608) 266-4311
    Dane County Clerk of Courts

    Hours: Monday-Friday, 7:45 AM - 4:30 PM

  2. Submit a written request by mail to the above address, including:

    • Full names of both parties
    • Approximate date of divorce
    • Case number (if known)
    • Copy of photo identification
    • Self-addressed stamped envelope
    • Required fees
  3. Access the Wisconsin Circuit Court Access (WCCA) online system at Wisconsin Court System Case Search

For certified divorce certificates:

  1. Apply through the Wisconsin Vital Records Office:

    Wisconsin Vital Records Office
    1 West Wilson Street, Room 158
    Madison, WI 53703
    (608) 266-1373
    Wisconsin Vital Records

    Hours: Monday-Friday, 8:00 AM - 4:15 PM

  2. Submit an application with required identification, relationship documentation, and applicable fees

  3. Request records through an authorized local registrar:

    Dane County Register of Deeds
    City-County Building, Room 110
    210 Martin Luther King Jr. Blvd
    Madison, WI 53703
    (608) 266-4141
    Dane County Register of Deeds

    Hours: Monday-Friday, 8:00 AM - 4:30 PM

Requestors must provide proper identification and may need to demonstrate their relationship to the parties or legal interest in the records. Fees vary based on the type of record requested and the number of copies needed.

How To Look Up Divorce Records in Dane County Online?

Dane County residents and interested parties may access certain divorce records through online platforms maintained by state and county agencies. The Wisconsin court system provides digital access to court records, including divorce proceedings, through its online portal.

To search for divorce records online:

  1. Visit the Wisconsin Circuit Court Access (WCCA) website, commonly known as CCAP
  2. Select "Case Search" from the available options
  3. Choose one of the following search methods:
    • Advanced Case Search (recommended for divorce records)
    • Simple Case Search
    • Party Name Search
  4. For divorce cases, select "Family" under case types
  5. Enter available information such as:
    • Party name(s)
    • Case number (if known)
    • Filing date range
    • County (select "Dane")
  6. Review search results showing basic case information
  7. Click on specific cases to view:
    • Case summary
    • Party information
    • Court record events
    • Scheduled hearings
    • Judgments

The Dane County Clerk of Courts maintains records dating back to approximately 1984 in the online system. For older records, requestors must contact the office directly.

Important limitations of online divorce record searches include:

  • Not all documents within a case file are available online
  • Certain sensitive information is redacted from online records
  • Certified copies cannot be obtained through the online system
  • Older records may not be digitized or searchable online
  • Official divorce certificates are not available through court record searches

For complete case files or certified documents, individuals must contact the Dane County Clerk of Courts or the Wisconsin Vital Records Office directly.

How To Find Divorce Records for Free In Dane County?

Members of the public seeking no-cost access to divorce records in Dane County have several options available, though certain limitations apply to free record searches.

Free methods to access divorce records include:

  1. Using public access terminals at the courthouse:

    Dane County Courthouse
    215 S Hamilton St
    Madison, WI 53703

    Public terminals are available during regular business hours (Monday-Friday, 7:45 AM - 4:30 PM) and provide free access to the Wisconsin Circuit Court Access system.

  2. Accessing the Wisconsin Circuit Court Access (WCCA) website from any internet-connected device:

    • This free online resource provides basic case information
    • Search by name, case number, or filing date
    • Records typically date back to the mid-1980s
  3. Visiting the Dane County Law Library:

    Dane County Law Library
    Dane County Courthouse, Room L1007
    215 S Hamilton St
    Madison, WI 53703
    (608) 266-6316

    Hours: Monday-Friday, 8:30 AM - 4:30 PM

  4. Consulting microfilm archives at the Wisconsin Historical Society:

    Wisconsin Historical Society
    816 State Street
    Madison, WI 53706
    (608) 264-6535

    Hours: Tuesday-Saturday, 8:00 AM - 4:00 PM

Important limitations of free record searches:

  • Online records may not contain complete case documentation
  • Older records may not be available electronically
  • Certified copies always require payment of statutory fees
  • Staff assistance for extensive searches may incur costs
  • Copies of documents typically require payment of copying fees
  • Records requiring special handling or extensive research may not be available without fees

While basic case information can be accessed without charge, obtaining official documents, certified copies, or extensive research assistance typically requires payment of statutory fees as established by Wisconsin Statute § 814.61.

What's Included in a Divorce Records In Dane County

Divorce records in Dane County contain comprehensive documentation of the marriage dissolution process. The content varies between court case files and divorce certificates, with each serving different legal and administrative purposes.

Court case files typically include:

  • Petition for divorce or legal separation
  • Summons and related service documentation
  • Financial disclosure statements from both parties
  • Marital settlement agreements
  • Child custody and placement provisions
  • Child support calculations and orders
  • Maintenance (alimony) determinations
  • Property division agreements or court orders
  • Findings of fact and conclusions of law
  • Final judgment of divorce
  • Post-judgment motions and orders
  • Transcripts of hearings (if requested and paid for)
  • Guardian ad litem reports (in cases involving minor children)
  • Temporary orders issued during proceedings

Divorce certificates, maintained by the Wisconsin Vital Records Office, contain more limited information:

  • Full names of both parties
  • Date and location of divorce
  • Case number
  • Date of marriage
  • County where divorce was granted
  • Official state file number
  • Date the divorce was recorded

Certain sensitive information may be redacted from publicly accessible versions of these records, including:

  • Social Security numbers
  • Financial account numbers
  • Children's dates of birth
  • Victim information in cases involving domestic abuse
  • Health information protected under privacy laws

The Dane County Clerk of Courts maintains the complete court files, while the Wisconsin Department of Health Services maintains the official divorce certificates through its Vital Records Office.

How To Get Proof of Divorce In Dane County?

Individuals requiring legal proof of divorce in Dane County must obtain official documentation from the appropriate government agency. The type of proof needed depends on the specific purpose and requirements of the requesting entity.

For certified copies of divorce certificates:

  1. Submit an application to the Wisconsin Vital Records Office:

    • Complete the state's official vital records application form
    • Provide acceptable identification
    • Demonstrate eligibility to receive the record
    • Pay the required fee ($20 for the first copy, $3 for each additional copy)
    • Submit in person, by mail, or through an authorized third-party service
  2. Apply through the Dane County Register of Deeds:

    Dane County Register of Deeds
    City-County Building, Room 110
    210 Martin Luther King Jr. Blvd
    Madison, WI 53703
    (608) 266-4141

    Hours: Monday-Friday, 8:00 AM - 4:30 PM

For certified copies of divorce judgments:

  1. Request from the Dane County Clerk of Courts:

    Dane County Clerk of Courts
    Dane County Courthouse, Room 1000
    215 S Hamilton St
    Madison, WI 53703
    (608) 266-4311

    Hours: Monday-Friday, 7:45 AM - 4:30 PM

    • Provide case number or names and approximate date
    • Pay required certification fees ($5 per document plus $1.25 per page)
    • Present valid photo identification
  2. Submit a written request by mail including:

    • Case information (names, case number, date)
    • Specific documents needed
    • Self-addressed stamped envelope
    • Payment for applicable fees
    • Copy of photo identification

Acceptable forms of proof of divorce for various purposes:

  • Legal name change: Certified copy of divorce judgment
  • Remarriage: Certified copy of divorce certificate
  • Immigration: Certified copy of divorce certificate and judgment
  • Social Security: Certified copy of divorce certificate
  • General verification: Uncertified copy of divorce judgment

Processing times vary based on the method of request and current workload, with in-person requests typically processed the same day and mail requests taking 5-10 business days.

Can a Divorce Be Confidential In Dane County?

While divorce proceedings in Dane County are generally matters of public record, Wisconsin law provides certain mechanisms for maintaining confidentiality in specific circumstances. The presumption of openness in court records can be overcome when privacy interests substantially outweigh the public interest in access.

Circumstances where confidentiality may be granted:

  1. Sealing by judicial order:

    • Parties may petition the court to seal all or portions of a divorce file
    • The judge must find compelling reasons that override the presumption of openness
    • Orders must be narrowly tailored to protect only necessary information
    • Governed by Wisconsin Statute § 801.21
  2. Automatic protections for sensitive information:

    • Social Security numbers
    • Financial account numbers
    • Personal identifying information of minors
    • Health information protected under HIPAA
    • Information in domestic abuse cases where safety is at risk
  3. Confidential filing of financial disclosure statements:

    • Financial disclosure statements may be filed confidentially
    • Access limited to parties, their attorneys, and court personnel
    • Requires compliance with specific court rules
  4. Domestic abuse considerations:

    • Address confidentiality for victims of domestic abuse
    • Safety plans and protective measures
    • Possible sealing of testimony regarding abuse

To request confidentiality in divorce proceedings:

  1. File a motion with the Dane County Circuit Court requesting sealing or confidentiality
  2. Clearly articulate the specific information to be protected
  3. Demonstrate how disclosure would cause specific harm
  4. Show that the harm outweighs the public interest in access
  5. Request the least restrictive means of protection

Even when records are sealed or confidential, basic case information (parties' names, case number, and general type of action) typically remains public. Complete confidentiality of an entire divorce proceeding is extremely rare and granted only in exceptional circumstances.

How Long Does a Divorce Take In Dane County?

The duration of divorce proceedings in Dane County varies significantly based on multiple factors, including case complexity, cooperation between parties, and court scheduling. Wisconsin law establishes certain minimum timeframes, but the actual process often extends beyond these statutory minimums.

Minimum statutory timeframe:

  • Wisconsin imposes a mandatory 120-day waiting period from service of the initial petition to the final hearing, as specified in Wisconsin Statute § 767.335
  • This waiting period cannot be waived except in extraordinary circumstances

Typical timeframes by divorce type:

  1. Uncontested divorces with complete agreement:

    • 4-6 months from filing to finalization
    • Requires complete agreement on all issues
    • Minimal court appearances needed
  2. Contested divorces with partial agreements:

    • 6-12 months from filing to finalization
    • May require temporary orders hearings
    • Mediation often ordered for custody/placement disputes
    • Settlement conferences with the court
  3. Highly contested divorces:

    • 12-24 months or longer
    • Multiple court appearances
    • Discovery process (document requests, depositions)
    • Guardian ad litem investigations for child-related issues
    • Possible trial on contested issues

Factors affecting timeframe:

  • Court calendar congestion in Dane County
  • Complexity of marital estate and property division
  • Child custody and placement disputes
  • Need for expert witnesses (business valuations, custody evaluations)
  • Attorney scheduling conflicts
  • Willingness of parties to negotiate and compromise
  • Completion of required parenting classes
  • COVID-19 related delays and backlogs

According to the Dane County Circuit Court, the average time from filing to disposition for divorce cases is approximately 7 months for uncontested cases and 11 months for contested cases, though individual cases may vary significantly from these averages.

The court strongly encourages alternative dispute resolution methods, including mediation and collaborative divorce, which can often reduce the time and expense associated with traditional litigation.

How Long Does Dane County Keep Divorce Records?

Dane County maintains divorce records according to Wisconsin's records retention schedules, which establish different retention periods based on record type and historical significance. These retention policies ensure both legal compliance and historical preservation.

Court case files retention:

  • Complete case files: Minimum of 20 years from date of final judgment
  • Cases with minor children: Until the youngest child reaches age 30
  • Cases with ongoing financial obligations: Until all obligations are satisfied
  • Cases of historical significance: Permanent retention

After the initial retention period, records undergo review for:

  • Transfer to the Wisconsin Historical Society
  • Conversion to microfilm or digital format
  • Destruction according to statutory guidelines

Divorce certificate retention:

Electronic records retention:

  • Wisconsin Circuit Court Access (WCCA) records: Maintained according to Wisconsin Supreme Court Rule 72
  • Basic case information: Minimum of 20 years online accessibility
  • Detailed case information: Variable retention based on case type

The Dane County Clerk of Courts maintains records in compliance with Wisconsin Statute § 59.40(2) and Wisconsin Supreme Court Rule 72, which govern county records management. For records older than the retention period, researchers may need to contact:

  1. Wisconsin Historical Society for archived court records
  2. Wisconsin Vital Records Office for divorce certificates
  3. Dane County Register of Deeds for local vital records

Individuals seeking older records should be prepared to provide as much identifying information as possible, as indexing systems for historical records may differ from current methods.

How To Get a Divorce In Dane County

Individuals seeking to dissolve a marriage in Dane County must follow Wisconsin's statutory process for divorce. The procedure involves multiple steps and compliance with specific legal requirements.

Eligibility requirements:

  • At least one spouse must have been a Wisconsin resident for at least 6 months
  • At least one spouse must have been a resident of Dane County for at least 30 days
  • Marriage must be irretrievably broken (Wisconsin is a no-fault divorce state)

Step-by-step process:

  1. Prepare and file initial documents with the Dane County Clerk of Courts:

    Dane County Clerk of Courts
    Dane County Courthouse, Room 1000
    215 S Hamilton St
    Madison, WI 53703
    (608) 266-4311

    Required forms include:

    • Summons and Petition for Divorce
    • Confidential Petition Addendum
    • Filing fee payment ($184.50 as of current rates)
  2. Serve the non-filing spouse:

    • Personal service by sheriff or process server
    • Voluntary acceptance of service
    • Alternative service methods if approved by the court
    • Service must be completed within 90 days of filing
  3. Complete financial disclosure:

    • Both parties must exchange financial disclosure statements
    • Disclose all assets, debts, income, and expenses
    • File proof of financial disclosure with the court
  4. Address temporary matters:

    • Either party may request temporary orders for:
      • Child custody and placement
      • Child support
      • Use of marital property
      • Payment of bills and expenses
      • Maintenance (alimony)
  5. Mandatory mediation for child-related issues:

    • Required if parties disagree on custody or placement
    • Conducted through Dane County Family Court Services
    • Fees based on income (may be reduced for financial hardship)
  6. Negotiate settlement or prepare for trial:

    • Attempt to reach agreement on all issues
    • Participate in settlement conferences
    • Prepare for trial if agreement cannot be reached
  7. Finalize the divorce:

    • Prepare Marital Settlement Agreement if resolved by agreement
    • Attend final hearing before family court judge or court commissioner
    • Judge reviews and approves agreement or issues decision after trial
    • Minimum 120-day waiting period from service to final hearing
  8. Post-judgment matters:

    • Implement property division
    • Update estate planning documents
    • Change names on titles, accounts, etc.
    • Establish child support payment methods

Legal assistance options:

How To Get Divorce Papers In Dane County

Individuals initiating or responding to divorce proceedings in Dane County must obtain and complete specific legal forms. These documents can be accessed through several channels depending on the party's needs and circumstances.

Sources for divorce forms:

  1. Wisconsin Court System website:

    • Comprehensive collection of standardized state forms
    • Available in fillable PDF format
    • Includes detailed instructions
    • No cost to download
  2. Dane County Clerk of Courts:

    Dane County Clerk of Courts
    Dane County Courthouse, Room 1000
    215 S Hamilton St
    Madison, WI 53703
    (608) 266-4311

    Hours: Monday-Friday, 7:45 AM - 4:30 PM

    • Limited paper forms available at the office
    • Staff cannot provide legal advice but can confirm required forms
    • Nominal fee for paper copies
  3. Dane County Law Library:

    Dane County Law Library
    Dane County Courthouse, Room L1007
    215 S Hamilton St
    Madison, WI 53703
    (608) 266-6316

    Hours: Monday-Friday, 8:30 AM - 4:30 PM

    • Reference assistance available
    • Access to legal research materials
    • Self-help center with form packets
    • Printing services available for a fee
  4. Legal assistance programs:

Essential divorce forms include:

  • Summons and Petition for Divorce (with or without minor children)
  • Confidential Petition Addendum
  • Financial Disclosure Statement
  • Proposed Parenting Plan (for cases with minor children)
  • Marital Settlement Agreement
  • Findings of Fact, Conclusions of Law, and Judgment

Filing procedures:

  1. Complete all required forms accurately
  2. Make at least three copies of all documents
  3. File original documents with the Clerk of Courts
  4. Pay the filing fee ($184.50) or apply for a fee waiver if eligible
  5. Receive case number and court date information
  6. Serve copies on the other party according to legal requirements

Individuals with complex situations, significant assets, or child custody concerns are advised to consult with an attorney before preparing and filing divorce papers. The Dane County Family Court Commissioner's Office can provide procedural information but cannot offer legal advice.

Lookup Divorce Records in Dane County

Court Records | Dane County Clerk of Courts

Vital Records | Register of Deeds

Dane County Clerk of Courts: Home Page

Dane County Clerk's Office

Records and Fines | The Dane County District Attorney's Office

Vital Records: Requesting a Vital Record | Wisconsin Department of Health Services

Vital Records | Wisconsin Department of Health Services

2023 Chapter 69 - Wisconsin Legislature

Case search - Wisconsin Court System