AB992: Bill Text

AB992,43,6 Acknowledgment

AB992,43,7 STATE OF WISCONSIN )

AB992,43,8   ) ss.

AB992,43,9 .... County )

AB992,43,12 Personally came before me this .... day of ...., .... (year) the above named .... to me known to be the person who executed the foregoing instrument and acknowledge the same.

AB992,43,13 *....

AB992,43,14 Notary Public ...., .... County, Wisconsin.

AB992,43,15 My Commission is permanent.

AB992,43,16 (If not, state expiration date: ...., .... (year))

AB992,43,17 (Signatures may be authenticated or

AB992,43,18 acknowledged. Both are not necessary.)

AB992,43,19 *Names of persons signing in any capacity should

AB992,43,20 be typed or printed below their signatures.

AB992,43,21 Termination of

AB992,43,22 Statutory terminable individual

AB992,43,23 Property classification agreement

AB992,43,24 I UNDERSTAND THAT:

AB992,44,3 1. THIS TERMINATION TAKES EFFECT 30 DAYS AFTER MY SPOUSE IS NOTIFIED OF THE TERMINATION, AS PROVIDED UNDER SECTION 766.589 (4) OF THE WISCONSIN STATUTES.

AB992,44,8 2. THIS TERMINATION IS PROSPECTIVE; IT DOES NOT AFFECT THE CLASSIFICATION OF PROPERTY ACQUIRED BEFORE THE TERMINATION BECOMES EFFECTIVE. PROPERTY ACQUIRED AFTER THE TERMINATION BECOMES EFFECTIVE IS CLASSIFIED AS PROVIDED UNDER THE MARITAL PROPERTY LAW.

AB992,44,11 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

AB992,44,14 The undersigned terminates the statutory terminable individual property classification agreement entered into by me and my spouse on .... (date last spouse signed the agreement) under section 766.589 of the Wisconsin Statutes.

AB992,44,15 Signature: ....

AB992,44,16 Date: ....

AB992,44,17 Print Name Here: ....

AB992,44,18 Residence Address: ....

AB992,44,19 Schedule "a"

AB992,44,20 Financial Disclosure

AB992,44,24 The following general categories of assets and liabilities are not all inclusive and if other assets or liabilities exist they should be listed. Assets should be listed according to which spouse has title (including assets owned by a spouse or the spouses with one or more third parties) and at their approximate market value.

AB992,44,25 Husband Name of One Spouse Wife Name of Other Spouse Both Names

AB992,45,1 I.    Assets:

AB992,45,2 A.  Real estate (gross value)

AB992,45,3 B.  Stocks, bonds and mutual funds

AB992,45,4 C.  Accounts at and certificates and

AB992,45,5         other instruments issued by

AB992,45,6         financial institutions

AB992,45,7 D.  Mortgages, land contracts,

AB992,45,8      promissory notes and cash

AB992,45,9 E.  Partnership interests

AB992,45,10 EL. Limited liability company interests

AB992,45,11 F.  Trust interests

AB992,45,12 G.  Livestock, farm products, crops

AB992,45,13 H. Automobiles and other vehicles

AB992,45,14 I.  Jewelry and personal effects

AB992,45,15 J. Household furnishings

AB992,45,16 K.   Life insurance and annuities:

AB992,45,17 1. Face value

AB992,45,18 2. Cash surrender value

AB992,45,19 L.  Retirement benefits (include value):

AB992,45,20 1. Pension plans

AB992,45,21 2. Profit sharing plans

AB992,45,22 3. HR-10 KEOGH plans

AB992,45,23 4. IRAs

AB992,45,24 5. Deferred compensation plans

AB992,45,25 M. Other assets not listed elsewhere

AB992,46,1 II.   Obligations (total outstanding balance):

AB992,46,2 A. Mortgages and liens

AB992,46,3 B. Credit cards

AB992,46,4 C. Other obligations to financial

AB992,46,5       institutions

AB992,46,6 D. Alimony, maintenance and child

AB992,46,7       support (per month)

AB992,46,8 E. Other obligations (such as other obligations

AB992,46,9       to individuals guarantees,

AB992,46,10       contingent liabilities)

AB992,46,11 III.   Annual compensation for services:

AB992,46,12       (for example, wages and income from

AB992,46,13       self-employment; also include social security,

AB992,46,14       disability and similar income here)

AB992,46,15 (IF YOU NEED ADDITIONAL SPACE,

AB992,46,16 ADD ADDITIONAL SHEETS.)

AB992, s. 73 Section 73. 767.082 of the statutes is amended to read:

AB992,47,6 767.082 Suspension of proceedings to effect reconciliation. During the pendency of any action for divorce or legal separation, the court may, upon written stipulation of both parties that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such period, not exceeding 90 days, as the court determines advisable so as to permit the parties to attempt a reconciliation without prejudice to their respective rights. During the period of suspension the parties may resume living together as husband and wife spouses and their acts and conduct shall not constitute an admission that the marriage is not irretrievably broken or a waiver of the ground that the parties have voluntarily lived apart continuously for 12 months or more immediately prior to the commencement of the action if such is the case. Suspension may be revoked upon motion of either party by order of the court. If the parties become reconciled, the court shall dismiss the action. If the parties are not reconciled after the period of suspension, the action shall proceed as though no reconciliation period was attempted.

AB992, s. 74 Section 74. 767.085 (1) (a) of the statutes is amended to read:

AB992,47,10 767.085 (1) (a) The name and birthdate of the parties, the social security numbers of the husband and wife spouses and their occupations, the date and place of marriage, and the facts relating to the residence of both parties.

AB992, s. 75 Section 75. 767.085 (1) (b) of the statutes is amended to read:

AB992,47,14 767.085 (1) (b) The name, birthdate, and social security number of each minor child of the parties and each other child born to the wife a spouse during the marriage, and whether the wife a spouse is pregnant.

AB992, s. 76 Section 76. 767.458 (1m) of the statutes is amended to read:

AB992,47,24 767.458 (1m) In an action to establish the paternity of a child who was born to a woman while she was married to a man, where a man other than the woman's husband spouse alleges that he, not the husband woman's spouse, is the child's father, a party may allege that a judicial determination that a man other than the husband woman's spouse is the father is not in the best interest of the child. If the court or a circuit or supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a man other than the husband woman's spouse is the father is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

AB992, s. 77 Section 77. 767.47 (9) of the statutes is amended to read:

AB992,48,3 767.47 (9) Where a child is conceived by artificial insemination, the husband spouse of the mother of the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

AB992, s. 78 Section 78. 767.50 (1) of the statutes is amended to read:

AB992,48,25 767.50 (1) The trial shall be divided into 2 parts. The first part shall deal with the determination of paternity. The 2nd part shall deal with child support, legal custody, periods of physical placement, and related issues. At the first part of the trial, the main issue shall be whether the alleged or presumed father is or is not the father of the mother's child, but if the child was born to the mother while she was the lawful wife spouse of a specified man there shall first be determined, as provided in s. 891.39, the prior issue of whether the husband mother's spouse was not the father of the child. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or at the pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct, and if requested by either party, before the introduction of any testimony in the party's behalf, shall direct the jury, in cases where there is a jury, to find a special verdict as to any of the issues specified in this section except that the court shall make all the findings enumerated in s. 767.51 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.45 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.

AB992, s. 79 Section 79. 769.316 (9) of the statutes is amended to read:

AB992,49,3 769.316 (9) The defense of immunity based on the relationship of husband and wife spouses or parent and child does not apply in a proceeding under this chapter.

AB992, s. 80 Section 80. 815.20 (1) of the statutes is amended to read:

AB992,49,21 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment and from liability for the debts of the owner to the amount of $40,000, except mortgages, laborers', mechanics' and purchase money liens and taxes and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $40,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife spouses jointly or in common or as marital property, and when they reside in the same household may be claimed by either or may be divided in any proportion between them, but the exemption may not exceed $40,000 for the household. If the husband and wife spouses fail to agree on the division of exemption, the exemption shall be divided between them by the court in which the first judgment was taken. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

AB992, s. 81 Section 81. 851.30 (2) (a) of the statutes is amended to read:

AB992,50,2 851.30 (2) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife spouses.

AB992, s. 82 Section 82. 854.03 (3) of the statutes is amended to read: