Is the prenup needed for the divorce process?

if you have a valid pre-nuptial agreement, you should refer to it in the petition for divorce, and attach it as an exhibit to the petition. It does not need to be notarized to make it legal and binding. If instead of a pre-nup, you are referring to a marital settlement agreement, and have all issues of your divorce case settled, similarly you can refer to that in your petition and attach it to your petition or file it separately after the divorce is filed with the court. The marital settlement agreement also does not require to have signed notarized signatures.       The answer to your last question, is that you will need to wait 120 days after your spouse gets served with the divorce papers before you can be divorced in Wisconsin. The 120 day waiting period is statutorily mandated to all couples getting a divorce in Wisconsin.