LRB-4276/1
SWB:amn&skw
2021 - 2022 LEGISLATURE
November 24, 2021 - Introduced by Representatives Tusler, Snyder, Dittrich and
Spiros, cosponsored by Senator Wimberger. Referred to Committee on Family
Law.
AB722,1,3
1An Act to amend 767.35 (3); and
to create 767.333 of the statutes;
relating to:
2stipulated orders before judgment in actions for divorce, annulment, or legal
3separation.
Analysis by the Legislative Reference Bureau
This bill allows a judge to enter the terms of certain stipulations as initial orders
before judgment in some actions affecting the family. Under the bill, parties to an
action for divorce, annulment, or legal separation may reach agreement regarding
physical placement, legal custody, child support, property division, maintenance, or
related provisions and file a stipulation with the court specifying the terms of that
agreement. The bill requires that before entering an initial order based on a
stipulation, the judge must hold a hearing on the record with both parties and the
child support agency, if a party, to determine the parties' understanding of the
stipulation and ensure that it is intended by both parties as the initial order on the
terms set forth. The hearing may be held via telephone, video, or electronic means,
and a party or a party's attorney may appear via telephone or video for good cause
shown, but each party must attend the hearing by telephone, video, electronic
means, or in person.
Under the bill, a judge shall incorporate and enter the terms of a stipulation
regarding legal custody, physical placement, or related provisions as an initial order
of physical placement or legal custody after the judge conducts the analysis required
in any action affecting the family with respect to placement and custody, unless the
judge finds that the terms of the stipulation are not in the best interest of the child.
The bill provides that a stipulation regarding legal custody or physical placement is
effective and enforceable as an initial order when entered. Under the bill, the
provisions for modification of orders relating to legal custody or physical placement
start on the date of entry of the order, not the date of judgment. For purposes of initial
orders based on stipulations under the bill, if the judge finds that a parent has
engaged in a pattern or serious incident of interspousal battery or domestic abuse,
the safety and well-being of the child and the safety of the parent who was the victim
of the battery or abuse are required to be paramount concerns in determining legal
custody and periods of physical placement.
Under the bill, before a judge may approve a stipulation relating to child
support, maintenance, or property division, the judge must comply with the
statutory requirements otherwise applicable to such determinations in actions
affecting the family under current law. A party seeking modification of a stipulation
on child support or maintenance must comply with existing statutory requirements
for revision of support and maintenance orders. The bill also provides that a party
seeking relief from a stipulation entered as an initial order relating to property
division must comply with existing statutory requirements for relief from a
judgment or order.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB722,1
1Section
1. 767.333 of the statutes is created to read:
AB722,2,8
2767.333 Initial orders based on stipulation prior to judgment. (1) 3Initial orders based on stipulation allowed. Prior to obtaining a judgment of
4divorce, annulment, or legal separation, the parties may agree to physical
5placement, legal custody, child support, property division, maintenance, or related
6provisions. If the parties agree on one or more of the issues set forth under this
7section, the parties shall file a stipulation with the court that specifies the
8agreed-upon terms.
AB722,3,2
9(2) Stipulations regarding legal custody, physical placement, or related
10provisions. (a) If the judge approves the stipulation, the judge shall incorporate and
11enter the terms of a stipulation regarding legal custody, physical placement, or
1related provisions as an initial order of physical placement or legal custody unless
2the judge finds that the terms are not in the best interest of the child.
AB722,3,53
(b) The provisions for modifications of orders regarding legal custody or
4physical placement under this section shall commence on the date of entry of the
5order, not the date of judgment, for purposes of s. 767.451.
AB722,3,76
(c) Prior to entering a stipulation under this section, the judge shall comply
7with any requirements under s. 767.41.
AB722,3,128
(d) If the judge finds that a parent has engaged in a pattern or serious incident
9of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic
10abuse, as defined in s. 813.12 (1) (am), the safety and well-being of the child and the
11safety of the parent who was the victim of the battery or abuse shall be paramount
12concerns in determining legal custody and periods of physical placement.
AB722,3,1513
(e) A stipulation under this section is effective and enforceable as an initial
14order regarding legal custody or physical placement when entered, pursuant to s.
15767.41.
AB722,3,19
16(3) Stipulations regarding child support. Prior to approving a stipulation
17under this section regarding child support, the judge shall comply with any
18requirements under s. 767.511. A party seeking modification of a stipulation entered
19under this section regarding child support must comply with s. 767.59.
AB722,3,23
20(4) Stipulations regarding maintenance. Prior to approving a stipulation
21under this section regarding maintenance, the judge shall comply with any
22requirements under s. 767.56. A party seeking modification of a stipulation entered
23under this section regarding maintenance must comply with s. 767.59.
AB722,4,2
24(5) Stipulations regarding property division. Prior to approving a stipulation
25under this section regarding property division, the judge shall comply with any
1requirements under s. 767.61. A party seeking relief from a stipulation entered
2under this section regarding property division must comply with s. 806.07.
AB722,4,6
3(6) Hearing. (a) Prior to entering a stipulation under this section, the judge
4shall hold a hearing on the record with both parties and the child support agency, if
5a party, to determine the parties' understanding of the stipulation and ensure that
6it is intended by both parties as the initial order on the terms set forth.
AB722,4,107
(b)
Any hearing held under par. (a) may be held by telephone, video, or
8electronic means. A party or a party's attorney may appear via telephone or video
9for good cause shown, but each party is required to attend the hearing by telephone,
10video, electronic means, or in person.
AB722,2
11Section
2. 767.35 (3) of the statutes is amended to read:
AB722,4,1712
767.35
(3) When divorce judgment effective. A judgment of divorce is
13effective when granted. A court granting a judgment of divorce shall inform the
14parties appearing in court that the judgment is effective when granted but that it is
15unlawful under s. 765.03 (2) for a party to marry again until 6 months after the
16judgment is granted.
This section does not prevent application of enforceable orders
17prior to the divorce judgment as set forth in s. 767.333.