AB83-AA3,2,4
11767.086 Marriage counseling required under certain circumstances.
12(1) Except as provided in sub. (2), if only one party initiates a divorce action and the
1other party files and serves a response or counterclaim that states that the marriage
2is not irretrievably broken, the court or family court commissioner shall require the
3parties to attend at least one hour of marriage counseling as a condition to the
4granting of a judgment of divorce.
AB83-AA3,2,8
5(2) Subsection (1) does not apply if the court or family court commissioner, on
6the basis of evidence of interspousal battery as described under s. 940.19 or 940.20
7(1m) or domestic abuse as defined in s. 813.12 (1) (a), determines that attending the
8counseling will endanger the health or safety of one of the parties.
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767.12
(2) (b) 2. If the court finds that there is a reasonable prospect of
11reconciliation, it shall continue the matter for further hearing not fewer than 30 nor
12more than 60 days later, or as soon thereafter as the matter may be reached on the
13court's calendar, and may suggest to the parties that they seek counseling
in addition
14to any counseling that the parties may have been required to attend under s. 767.086.
15The court, at the request of either party or on its own motion, may order counseling
16in addition to any counseling that the parties may have been required to attend
17under s. 767.086. At the adjourned hearing, if either party states under oath or
18affirmation that the marriage is irretrievably broken, the court shall make a finding
19whether the marriage is irretrievably broken.".
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2(1) Marriage counseling requirement if marriage not irretrievably broken. 3The treatment of sections 767.086, 767.12 (2) (b) 2. and 767.23 (1) (i) of the statutes
4and the renumbering and amendment of section 767.07 of the statutes (with respect
5to requiring marriage counseling if a party states that the marriage is not
6irretrievably broken) first apply to divorce actions commenced on the effective date
7of this subsection.".