To file for divorce in Wisconsin, you have to have resided in the state for 6 consecutive months and the county that you are filing in for 30 consecutive days. You will also need to find your husband as the divorce papers need to be personally served on him.
You and your husband absolutely do not have to live in the same state in order for your to initiate divorce proceedings against him. You have to meet the residency requirements of the state that you are living in, in order to have standing to file for divorce in that state. Then there is the matter of effectuating service on your husband in accordance with the Court Rules. That is just the filing part. You do not indicate whether or not there are any marital issues that are in need of resolution. The best thing you could do would be to retain an attorney to represent you in this matter. Even if this is what would be termed a simple divorce, it is still worthwhile to ensure that the divorce is done correctly. Good luck to you.
The foregoing answer is submitted for informational purposes, and is not intended as a specific answer to the question posed. Always consult with an attorney prior to signing any and all agreements. The firm of Newman & Ingemi, LLC does not represent you unless and until you enter into a signed Retainer Agreement with the firm.
I agree with the other two attorney's answers, but to add if he is served personally and decides not to participate in the divorce in any way (such as filing an appearance, response, or otherwise plead to your divorce petition) you can get a default judgment against him to solidify your divorce.
Any answers or information provided is for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the legal issues. This is not intended to create a attorney-client relationship. Each individual's situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state for specific information
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