For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB447, s. 1 1Section 1. 767.02 (1) (c) of the statutes is amended to read:
AB447,2,32 767.02 (1) (c) Divorce, including a joint simplified divorce action under s.
3767.105
.
AB447, s. 2 4Section 2. 767.105 of the statutes is created to read:
AB447,2,7 5767.105 Joint simplified divorce action. (1) The parties to a marriage may
6jointly initiate a simplified divorce action under this section if all of the following
7apply:
AB447,2,88 (a) The residency requirement under s. 767.05 (1m) is satisfied.
AB447,2,119 (b) The parties agree that the marriage is irretrievably broken and attempts
10at reconciliation have failed or would be impracticable and not in the best interests
11of the parties.
AB447,2,1212 (c) The length of the marriage is not more than 5 years.
AB447,2,1413 (d) No children were born to or adopted by the parties, and the wife is not
14pregnant.
AB447,2,1515 (e) Each party waives any right to maintenance from the other party.
AB447,3,1
1(f) Neither party has any interest in real property.
AB447,3,42 (g) The total fair market value of all property of the parties, after deducting
3encumbrances, is less than $20,000, and the combined annual gross income of the
4parties is less than $40,000.
AB447,3,65 (h) The parties have disclosed to each other all assets and their tax returns for
6every year of the marriage.
AB447,3,97 (i) The parties have executed a written agreement that divides all of their
8assets in excess of $100 in value and that allocates responsibility between the parties
9for all of their debts and liabilities.
AB447,3,17 10(2) The clerk of circuit court shall provide the parties to a joint simplified
11divorce action with all of the forms necessary to commence and conduct an action
12under this section, including a joint petition that complies with s. 767.085 (1) and
13that contains the declarations under sub. (1) and financial disclosure forms under
14s. 767.27. The parties to such an action shall use the forms provided by the clerk.
15After the parties have signed and filed the joint petition, the clerk shall submit the
16joint petition to the court, along with the parties' completed financial disclosure
17statements and the written agreement under sub. (1) (i).
AB447,4,2 18(3) (a) The court, or family court commissioner under s. 767.13 (5) (a), shall hold
19a hearing on the matter as soon as practicable after the expiration of the waiting
20period under s. 767.083 (1), unless s. 767.083 (2) applies, and may examine the
21parties or otherwise allow the parties to present testimony or other evidence. The
22court or family court commissioner shall grant a judgment of divorce if it finds that
23the requirements under sub. (1) are satisfied, and shall incorporate the terms of the
24written agreement under sub. (1) (i) into the judgment unless the court or family

1court commissioner determines that the terms are inequitable to either of the
2parties.
AB447,4,53 (b) Upon payment of the appropriate fees under s. 814.61 (5) (b) and (10) (b),
4the clerk shall enter the judgment of divorce and provide a certified copy of the
5judgment to each of the parties.
AB447,4,96 (c) A judgment of divorce granted under this section is final and may not be
7appealed, except that a party may commence an action to set aside a final judgment
8on the grounds of fraud, mistake, inadvertence, or other grounds that exist at law or
9in equity.
AB447,4,12 10(4) The clerk of circuit court shall provide, to any person who requests, a
11brochure that describes the requirements for and the nature and effects of a joint
12simplified divorce action. The brochure shall contain the following:
AB447,4,1613 (a) A statement that the brochure is intended only as a guide for
14self-representation in a joint simplified divorce action and that it is in the best
15interest of each party to consult an attorney regarding the dissolution of the
16marriage.
AB447,4,1717 (b) A concise summary of the joint simplified divorce action procedure.
AB447,4,1918 (c) Information about the nature and availability of marriage counseling
19services in the community.
AB447,4,2220 (d) A statement informing the parties that if each waives maintenance, as
21required for a joint simplified divorce action, neither party may seek or obtain
22court-ordered maintenance from the other party at any time in the future.
AB447,5,423 (e) A statement in boldface type that a judgment of divorce in a joint simplified
24divorce action permanently adjudicates all financial rights arising out of the
25marriage, including property rights and the right to maintenance from the other

1spouse, that a judgment of divorce is final, and that the parties waive their right to
2appeal any part of the judgment, except that a party may commence an action to set
3aside a final judgment on the grounds of fraud, mistake, inadvertence, or other
4grounds that exist at law or in equity.
AB447,5,75 (f) A statement that the parties to a joint simplified divorce action remain
6married persons until the judgment of divorce is granted and that the parties may
7not marry again until 6 months after the judgment of divorce is granted.
AB447, s. 3 8Section 3. 767.13 (5) (a) of the statutes is amended to read:
AB447,5,219 767.13 (5) (a) Divorce. On authority delegated by a judge, which may be by a
10standard order, and with the approval of the chief judge of the judicial administrative
11district, a family court commissioner may preside at any hearing held to determine
12whether a judgment of divorce shall be granted, if both parties state that the
13marriage is irretrievably broken and that all material issues, including but not
14limited to division of property or estate, legal custody, physical placement, child
15support, spousal maintenance, and family support, are resolved; if the action is a
16joint simplified divorce action under s. 767.105;
or if one party does not participate
17in the action for divorce. The family court commissioner may grant and enter
18judgment in any action over which he or she presides under this paragraph unless
19the judgment modifies an agreement between the parties on material issues. If the
20family court commissioner does not approve an agreement between the parties on
21material issues, the action shall be certified to the court for trial.
AB447,5,2222 (End)
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