SB123,15,4
11. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 49.19 , or 49.45 on behalf
2of the child, or benefits are provided to the child's custodial parent under ss. 49.141
3to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of
4limitations from commencing an action under s. 767.45 767.80 on behalf of the child.
SB123,15,85 2. An application for legal services has been filed with the child support
6program under s. 49.22 on behalf of the child, but the state and its delegate under
7s. 49.22 (7) are barred by a statute of limitations from commencing an action under
8s. 767.45 767.80 on behalf of the child.
SB123,15,129 (e) Nothing in this subsection prohibits the court from making a temporary
10order under s. 767.23 767.225 that concerns the child before a guardian ad litem is
11appointed or before the guardian ad litem has made a recommendation to the court,
12if the court determines that the temporary order is in the best interest of the child.
SB123,15,17 13(2) Time for appointment. The court shall appoint a guardian ad litem under
14sub. (1) (a) 1. or (b) whenever the court deems it appropriate. The court shall appoint
15a guardian ad litem under sub. (1) (a) 2. at the time specified in s. 767.11 767.405 (12)
16(b), unless upon motion by a party or its own motion, the court determines that
17earlier appointment is necessary.
SB123,16,9 18(4) Responsibilities. The guardian ad litem shall be an advocate for the best
19interests of a minor child as to paternity, legal custody, physical placement, and
20support. The guardian ad litem shall function independently, in the same manner
21as an attorney for a party to the action, and shall consider, but shall not be bound by,
22the wishes of the minor child or the positions of others as to the best interests of the
23minor child. The guardian ad litem shall consider the factors under s. 767.24 767.41
24(5) (am), subject to s. 767.24 767.41 (5) (bm), and custody studies under s. 767.11
25767.405 (14). The guardian ad litem shall investigate whether there is evidence that

1either parent has engaged in interspousal battery, as described in s. 940.19 or 940.20
2(1m), or domestic abuse, as defined in s. 813.12 (1) (am), and shall report to the court
3on the results of the investigation. The guardian ad litem shall review and comment
4to the court on any mediation agreement and stipulation made under s. 767.11
5767.405 (12) and on any parenting plan filed under s. 767.24 767.41 (1m). Unless the
6child otherwise requests, the guardian ad litem shall communicate to the court the
7wishes of the child as to the child's legal custody or physical placement under s.
8767.24 767.41 (5) (am) 2. The guardian ad litem has none of the rights or duties of
9a general guardian.
SB123, s. 26 10Section 26 . 767.05 (title) and (1) of the statutes are repealed.
Note: The substance of this subsection is relocated to the general section on
jurisdiction. See Sec. 10 .
SB123, s. 27 11Section 27. 767.05 (1m) of the statutes is renumbered 767.301 and amended
12to read:
SB123,17,2 13767.301 Residence requirements. No action to affirm marriage or for
14annulment
under s. 767.02 767.001 (1) (a) or (b) may be brought unless at least one
15of the parties has been a bona fide resident of the county in which the action is
16brought for not less than 30 days next preceding the commencement of the action,
17or unless the marriage has been contracted within this state within one year prior
18to the commencement of the action. No action for divorce or legal separation under
19s. 767.02 767.001 (1) (c) or (d) may be brought unless at least one of the parties has
20been a bona fide resident of the county in which the action is brought for not less than
2130 days next preceding the commencement of the action. No action for divorce under
22s. 767.02 767.001 (1) (c) may be brought unless at least one of the parties has been

1a bona fide resident of this state for not less than 6 months next preceding the
2commencement of the action.
Note: The type of action to which the cross-references refer is included for
convenience.
SB123, s. 28 3Section 28. 767.05 (2) (title) of the statutes is repealed.
SB123, s. 29 4Section 29. 767.05 (2) of the statutes is renumbered 767.41 (1) (a) and
5amended to read:
SB123,17,136 767.41 (1) (a) Subject to ch. 822, the question of a child's custody may be
7determined as an incident of any action affecting the family or in an independent
8action for custody. The effect of any determination of a child's custody shall is not be
9binding personally against any parent or guardian unless the parent or guardian has
10been made personally subject to the jurisdiction of the court in the action as provided
11under ch. 801 or has been notified under s. 822.05, as provided in s. 822.12. Nothing
12in this section chapter may be construed to foreclose a person other than a parent
13who has physical custody of a child from proceeding under ch. 822.
SB123, s. 30 14Section 30. 767.05 (3) of the statutes is renumbered 767.205 (1) and amended
15to read:
SB123,17,2316 767.205 (1) Parties. The party initiating an action affecting the family shall
17be denominated
is the petitioner. The party responding to the action shall be
18denominated
is the respondent. All references to "plaintiff" in chs. 801 to 807 shall
19apply to the petitioner, and all references to "defendant" in chs. 801 to 807 shall apply
20to the respondent. Both parties together may initiate the petition together by signing
21and filing a joint petition. The parties to a joint petition shall be called are joint
22petitioners. The parties to a joint petition shall state within in the joint petition that
23both parties consent to personal jurisdiction and waive service of summons.
SB123, s. 31
1Section 31. 767.05 (4) of the statutes is renumbered 767.215 (2e) and amended
2to read:
SB123,18,53 767.215 (2e) Petition Relationship of petition to complaint. All references
4to a "complaint" in chs. 801 to 807 shall apply to petitions under s. 767.085 this
5section
.
SB123, s. 32 6Section 32 . 767.05 (5) of the statutes is renumbered 767.205 (3) and amended
7to read:
SB123,18,158 767.205 (3) Title of actions. An action affecting the family under s. 767.02
9described in s. 767.001 (1) (a) to (d) or (g) to (k) shall be entitled "In re the marriage
10of A.B. and C.D.", except that an independent action for visitation under s. 767.245
11767.43 (3) shall be entitled "In re visitation with A. B.". An action affecting the family
12under s. 767.02 described in s. 767.001 (1) (f) or (m) shall be entitled "In re the support
13of A.B.". A child custody action shall be entitled "In re the custody of A.B.". In all
14other respects, the general provisions of chs. 801 and 802 respecting the content and
15form of the summons and pleadings shall apply.
Note: The stricken sentence is relocated to the provision created by Sec. 80 of this
bill.
SB123, s. 33 16Section 33. 767.05 (6) of the statutes is renumbered 767.264 (1), and 767.264
17(1) (title), as renumbered, is amended to read:
SB123,18,1818 767.264 (1) (title) Dismissal Opportunity to respond.
SB123, s. 34 19Section 34. 767.05 (7) of the statutes is renumbered 767.331.
SB123, s. 35 20Section 35. 767.07 (title) of the statutes is renumbered 767.35 (title).
SB123, s. 36 21Section 36. 767.07 of the statutes is renumbered 767.35 (1) and amended to
22read:
SB123,19,2
1767.35 (1) When granted. A court of competent jurisdiction shall grant a
2judgment of divorce or legal separation if all of the following conditions are met:
SB123,19,53 (a) The requirements of this chapter as to residence and marriage assessment
4counseling
attendance at an educational program under s. 767.401 have been
5complied with;.
SB123,19,86 (b) 1. In connection with a judgment of divorce or legal separation, the court
7finds that the marriage is irretrievably broken under s. 767.12 (2) 767.315 (1) (a) or
8(b) 1. or 2.
, unless par. (b) subd. 2. applies.
SB123,19,109 2. In connection with a judgment of legal separation, the court finds that the
10marital relationship is broken under s. 767.12 (3); and 767.315 (2).
SB123,19,1411 (c) To the extent that it has jurisdiction to do so, the court has considered, and
12approved or made provision for legal custody and physical placement, the support of
13any child of the marriage entitled to support, the maintenance of either spouse, the
14support of the family under s. 767.261 767.531, and the disposition of property.
SB123, s. 37 15Section 37. 767.075 of the statutes is renumbered 767.205 (2), and 767.205 (2)
16(title), (a) 1. and (b), as renumbered, are amended to read:
SB123,19,1717 767.205 (2) (title) State is When the state is a real party in interest.
SB123,19,2018 (a) 1. An action to establish paternity whenever there is a completed
19application for legal services filed with the child support program under s. 49.22 or
20whenever s. 767.45 767.80 (6m) or (6r) applies.
SB123,19,2521 (b) 1. Except as provided in par. (b) subd. 2., in any action affecting the family
22under a child support enforcement program, an attorney acting under s. 49.22 or
2359.53 (5), including any district attorney or corporation counsel, represents only the
24state. Child support services provided by an attorney as specified in sub. (1) par. (a)
25do not create an attorney-client relationship with any other party.
SB123,20,3
12. Paragraph (a) Subdivision 1. does not apply to an attorney who is employed
2by the department under s. 49.22 or a county under s. 59.53 (5) or (6) (a) to act as the
3guardian ad litem of the minor child for the purpose of establishing paternity.
SB123, s. 38 4Section 38. 767.077 of the statutes is renumbered 767.521, and 767.521
5(intro.) and (2), as renumbered, are amended to read:
SB123,20,11 6767.521 Support Action by state for dependent child support. (intro.)
7The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor
8child under s. 767.02 767.001 (1) (f) or, if appropriate, for paternity determination
9and child support under s. 767.45 whenever 767.80 if the child's right to support is
10assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.145 (2) (s),
1149.19 (4) (h) 1. b., or 49.775 (2) (bm) if and all of the following apply:
SB123,20,13 12(2) A court has not issued an order under s. 767.25 767.511 requiring the parent
13who is absent from the home to support the child.
SB123, s. 39 14Section 39. 767.078 (title) of the statutes is repealed.
SB123, s. 40 15Section 40. 767.078 (1) of the statutes is renumbered 767.55 (3), and 767.55
16(3) (a) 1., as renumbered, is amended to read:
SB123,20,1917 767.55 (3) (a) 1. Is an action for modification of a child support order under s.
18767.32 767.59 or an action in which an order for child support is required under s.
19767.25 (1), 767.51 (3) or 767.62 (4) 767.511 (1), 767.805 (4), or 767.89 (3).
SB123, s. 41 20Section 41. 767.078 (2) of the statutes is renumbered 767.55 (3) (d) and
21amended to read:
SB123,21,222 767.55 (3) (d) Subsection (1) Paragraph (b) does not limit the authority of a
23court to issue an order, other than an order under sub. (1) par. (b), regarding
24employment of a parent in an action for modification of a child support order under

1s. 767.32 767.59 or an action in which an order for child support is required under
2s. 767.25 (1), 767.51 (3) or 767.62 (4) 767.511 (1), 767.805 (4), or 767.89 (3).
SB123, s. 42 3Section 42. 767.08 of the statutes is renumbered 767.501, and 767.501 (2) (a)
4(intro.), (b), (c) and (d) and (3), as renumbered, are amended to read:
SB123,21,95 767.501 (2) (a) (intro.) If a person fails or refuses to does not provide for the
6support and maintenance of his or her spouse or minor child, any of the following may
7commence an a court action in any court having jurisdiction in actions affecting the
8family
to compel the person to provide any legally required support and
9maintenance:
SB123,21,1810 (b) The court in the action shall, as provided under s. 767.25 767.511 or 767.26
11767.56, determine and adjudge the amount, if any, that the person should reasonably
12contribute to the support and maintenance of the spouse or child and how the sum
13should shall be paid. This The amount must shall be expressed as a fixed sum unless
14the parties have stipulated to expressing the amount as a percentage of the payer's
15income and the requirements under s. 767.10 767.34 (2) (am) 1. to 3. are satisfied.
16The amount so ordered to be paid may be changed or modified by the court upon
17notice of motion or order to show cause by either party
under s. 767.59 upon sufficient
18evidence.
SB123,21,2119 (c) The determination may be enforced by contempt proceedings, an account
20transfer under s. 767.267 767.76, or other enforcement mechanisms as provided
21under s. 767.30 767.77.
SB123,22,222 (d) In any such support an action there shall be under this section, no filing fee
23or other costs are taxable to the person's spouse, the minor child, the person with
24legal custody, or the nonlegally responsible relative, but after the action has been

1commenced and filed the court may direct order that any all or part of or all any fees
2and costs incurred shall be paid by either party.
SB123,22,14 3(3) Public assistance recipients; action by state. If the state or any
4subdivision thereof of the state furnishes public aid to a spouse or dependent child
5for support and maintenance and the spouse, person with legal custody , or nonlegally
6responsible relative fails or refuses to institute an appropriate court does not
7commence an
action under this chapter to provide for the same for support or
8maintenance
, the person in charge of county welfare activities, the county child
9support agency under s. 59.53 (5), or the department is a real party in interest under
10s. 767.075 767.205 (2) and shall initiate commence an action under this section , for
11the purpose of obtaining support and maintenance. Any
. An attorney employed by
12the state or any a subdivision thereof of the state may initiate commence an action
13under this section. The title of the action shall be "In re the support or maintenance
14of A.B. (Child)".
SB123, s. 43 15Section 43. 767.081 of the statutes is renumbered 767.105, and 767.105 (1)
16and (2) (intro.) and (a) 3., as renumbered, are amended to read:
SB123,22,2117 767.105 (1) Information on available services. Upon the filing of an action
18affecting the family, the office of family court commissioner shall inform the parties
19of any services, including referral services, offered by the office of family court
20commissioner and by the director of family court counseling services under s. 767.11
21767.405.
SB123,22,24 22(2) Other information on request. (intro.) Upon request of a party to an action
23affecting the family, including a revision of judgment or order under s. 767.32
24767.451 or 767.325 767.59:
SB123,23,2
1(a) 3. Community resources and family court counseling services available to
2assist the parties.
SB123, s. 44 3Section 44. 767.082 of the statutes is renumbered 767.323 and amended to
4read:
SB123,23,18 5767.323 Suspension of proceedings to effect reconciliation. During the
6pendency of any an action for divorce or legal separation, the court may, upon written
7stipulation of both parties that they desire to attempt a reconciliation, enter an order
8suspending any and all orders and proceedings for such period, not exceeding 90
9days, as the court determines advisable so as to permit the parties to attempt a
10reconciliation without prejudice to their respective rights. During the period of
11suspension period, the parties may resume living together as husband and wife and
12their acts and conduct shall do not constitute an admission that the marriage is not
13irretrievably broken or a waiver of the ground that the parties have voluntarily lived
14apart continuously for 12 months or more immediately prior to the commencement
15of the action if such is the case. Suspension may be revoked upon the motion of either
16party by an order of the court. If the parties become reconciled, the court shall
17dismiss the action. If the parties are not reconciled after the period of suspension,
18the action shall proceed as though no reconciliation period was attempted.
SB123, s. 45 19Section 45. 767.083 of the statutes is renumbered 767.335 and amended to
20read:
SB123,23,24 21767.335 Waiting period in certain actions for final hearing or trial. No
22petition
An action for divorce or legal separation may not be brought to final hearing
23or
trial until the happening of whichever of the following events occurs first of the
24following occurs
:
SB123,24,3
1(1) Generally. The expiration of 120 days after service of the summons and
2petition upon the respondent or the expiration of 120 days after the filing of the joint
3petition; or.
SB123,24,9 4(2) Emergency. An order by the court, after consideration of the
5recommendation of a circuit court commissioner, directing an immediate hearing on
6the petition for the protection of the health or safety of either of the parties or of any
7child of the marriage or for other emergency reasons consistent with the policies of
8this chapter. The court shall, upon granting such the order, specify the grounds
9therefor for the order.
SB123, s. 46 10Section 46. 767.085 (title) of the statutes is renumbered 767.215 (title) and
11amended to read:
SB123,24,12 12767.215 (title) Petition Initiating action; petition and response.
SB123, s. 47 13Section 47. 767.085 (1) of the statutes is renumbered 767.215 (2), and 767.215
14(2) (intro.), (a) to (f), (i) and (j) (intro.), as renumbered, are amended to read:
SB123,24,1615 767.215 (2) Petition, contents content. (intro.) Except as otherwise provided,
16in any an action affecting the family, the petition shall state:
SB123,24,1917 (a) The name and birthdate of the parties, the social security numbers of the
18husband and wife and their occupations
, the date and place of marriage, and the facts
19relating to the residence of both parties.
SB123,24,2220 (b) The name, and birthdate and social security number of each minor child of
21the parties and each other child born to the wife during the marriage, and whether
22the wife is pregnant.
Note: 1. Repeals the requirements that social security numbers be included in the
petition. See Sec. 84 for the provision replacing these requirements.
2. Repeals as unnecessary the requirement that the parties state their
occupations.
SB123,25,4
1(c) If the relief requested is a divorce or a legal separation in which the parties
2do not file a petition under s. 767.12 (3) 767.315 (2), that the marriage is irretrievably
3broken, or, alternatively, that both parties agree that the marriage is irretrievably
4broken.
SB123,25,75 (cm) If the relief requested is a legal separation and the parties have filed a
6petition under s. 767.12 (3) 767.315 (2), that both parties agree that the marital
7relationship is broken.
SB123,25,108 (d) Whether or not an action for divorce or legal separation by either of the
9parties was or has been at any time commenced, or is pending in any other court or
10before any judge thereof
, in this state or elsewhere, and if.
SB123,25,14 11(dm) Whether either party was previously married , and, if so, the manner in
12which such the marriage was terminated, and, if terminated by court judgment, the
13name of the court in which that granted the judgment was granted and the time and
14place the judgment was granted, if known.
SB123,25,1815 (e) Whether the parties have entered into any a written agreements agreement
16as to support, legal custody, and physical placement of the children, maintenance of
17either party, and or property division ; and if. If so, the written agreement shall be
18attached.
SB123,25,2019 (f) The relief requested. When If the relief requested is a legal separation, the
20petition shall state the specific reason for requesting such that relief.
SB123,26,221 (i) If the action is one under s. 767.02 767.001 (1) (a), (b), (c), (d), (h), or (i), that
22during the pendency of the action, without the consent of the other party or an order
23of the court or a circuit court commissioner, the parties are prohibited from, and may
24be held in contempt of court for, encumbering, concealing, damaging, destroying,
25transferring, or otherwise disposing of property owned by either or both of the

1parties, except in the usual course of business, in order to secure necessities, or in
2order to pay reasonable costs and expenses of the action, including attorney fees.
SB123,26,63 (j) (intro.) Unless the action is one under s. 767.02 767.001 (1) (g) or (h), that
4during the pendency of the action, the parties are prohibited from, and may be held
5in contempt of court for, doing any of the following without the consent of the other
6party or an order of the court or a circuit court commissioner:
SB123, s. 48 7Section 48. 767.085 (2) of the statutes is renumbered 767.215 (1), and 767.215
8(1) (b), as renumbered, is amended to read:
SB123,26,129 767.215 (1) (b) The clerk of court shall provide without charge, to each person
10filing a petition requesting child support, a document setting forth the percentage
11standard established by the department under s. 49.22 (9) and listing the factors
12which that a court may consider under s. 767.25 767.511 (1m).
SB123, s. 49 13Section 49. 767.085 (2m) and (3) of the statutes are renumbered 767.215 (2m)
14and (3), and 767.215 (2m) (title) and (a) 1. and 2. and (3), as renumbered, are
15amended to read:
SB123,26,1616 767.215 (2m) (title) Summons, contents content.
SB123,26,1817 (a) 1. Shall include notification of the availability of information under s.
18767.081 767.105 (2) and of the contents of s. 948.31.
SB123,26,2219 2. Shall be accompanied by a document, provided without charge by the clerk
20of court, setting forth the percentage standard established by the department under
21s. 49.22 (9) and listing the factors which that a court may consider under s. 767.25
22767.511 (1m).
SB123,27,4 23(3) Service. If only one party initiates the action, the other shall be served
24under ch. 801 and may serve a response or counterclaim within 20 days after the date
25of service, except that questions of jurisdiction may be raised at any time prior to

1judgment. Service shall be made upon the petitioner and upon the circuit court
2commissioner as provided in s. 767.14
, and the original copy of the response shall be
3filed in court. If the parties together initiate the action with a joint petition, service
4of summons is not required.
Note: Reflects the repeal of s. 767.14 by Sec. 69 of the bill.
SB123, s. 50 5Section 50. 767.085 (4) of the statutes is renumbered 767.317.
SB123, s. 51 6Section 51. 767.087 of the statutes is renumbered 767.117, and 767.117 (1) (b)
7and (c) and (2), as renumbered, are amended to read:
SB123,27,138 767.117 (1) (b) If the action is one under s. 767.02 767.001 (1) (a), (b), (c), (d),
9(h), or (i), encumbering, concealing, damaging, destroying, transferring, or otherwise
10disposing of property owned by either or both of the parties, without the consent of
11the other party or an order of the court or a circuit court commissioner, except in the
12usual course of business, in order to secure necessities, or in order to pay reasonable
13costs and expenses of the action, including attorney fees.
SB123,27,1914 (c) Unless the action is one under s. 767.02 767.001 (1) (g) or (h), without the
15consent of the other party or an order of the court or a circuit court commissioner,
16establishing a residence with a minor child of the parties outside the state or more
17than 150 miles from the residence of the other party within the state, removing a
18minor child of the parties from the state for more than 90 consecutive days, or
19concealing a minor child of the parties from the other party.
SB123,27,22 20(2) Duration of prohibitions. The prohibitions under sub. (1) shall apply until
21the action is dismissed, until a final judgment in the action is entered , or until the
22court or a circuit court commissioner orders otherwise.
SB123, s. 52 23Section 52. 767.09 (title) of the statutes is repealed.
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