767.12(2)(b)1.
1. If the court finds no reasonable prospect of reconciliation, it shall make a finding that the marriage is irretrievably broken; or
767.12(2)(b)2.
2. If the court finds that there is a reasonable prospect of reconciliation, it shall continue the matter for further hearing not fewer than 30 nor more than 60 days later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling. The court, at the request of either party or on its own motion, may order counseling. At the adjourned hearing, if either party states under oath or affirmation that the marriage is irretrievably broken, the court shall make a finding whether the marriage is irretrievably broken.
767.12(3)
(3) Breakdown of marital relationship. If both of the parties by petition or otherwise have stated under oath or affirmation that the marital relationship is broken, the court, after hearing, shall make a finding that the marital relationship is broken.
767.12 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 756 (1975);
1977 c. 105;
1979 c. 32 s.
50;
1979 c. 352 s.
39; Stats. 1979 s. 767.12;
1983 a. 436;
1989 a. 132;
2001 a. 61.
767.12 Annotation
Abolition of guilt in marriage dissolution: Wisconsin's adoption of no-fault divorce. 61 MLR 672 (1978).
767.125
767.125
Order for appearance of litigants. Unless nonresidence in the state is shown by competent evidence, service is by publication, or the court shall for other good cause otherwise order, both parties in actions affecting the family shall be required to appear upon the trial. An order of the court or a circuit court commissioner to that effect shall accordingly be procured by the moving party, and shall be served upon the nonmoving party before the trial. In the case of a joint petition the order is not required.
767.125 History
History: 1977 c. 105;
1979 c. 32 s.
50;
1979 c. 196;
1979 c. 352 s.
39; Stats. 1979 s. 767.125;
2001 a. 61.
767.14
767.14
Service on office of family court commissioner and appearance by circuit court commissioner. In any action affecting the family, each party shall, either within 20 days after making service on the opposite party of any petition or pleading or before filing such petition or pleading in court, serve a copy of the same upon the circuit court commissioner supervising the office of family court commissioner of the county in which the action is begun, whether such action is contested or not. No judgment in any such action shall be granted unless this section is complied with except when otherwise ordered by the court. A circuit court commissioner assisting in matters affecting the family may appear in an action under this chapter when appropriate; and shall appear when requested by the court.
767.14 History
History: 1977 c. 105;
1979 c. 32 s.
50;
1979 c. 352 s.
39; Stats. 1979 s. 767.14;
2001 a. 61.
767.145
767.145
Enlargement of time. 767.145(1)(1) After the expiration of the period specified by the statute, the court may in its discretion, upon petition and without notice, extend the time within which service shall be made upon the circuit court commissioner supervising the office of family court commissioner.
767.145(2)
(2) Except as provided in
s. 767.456, extension of time under any other circumstances shall be governed by
s. 801.15 (2), except that the court may, upon the petitioner's demonstration of good cause, and without notice, order one additional 60-day extension for service of the initial papers in the action.
767.145 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 775 (1975);
1979 c. 32 s.
50;
1979 c. 196; Stats. 1979 s. 767.145;
1983 a. 447;
2001 a. 61.
767.15
767.15
Service on child support program. 767.15(1)
(1) In any action affecting the family in which either party is a recipient of benefits under
ss. 49.141 to
49.161 or aid under
s. 46.261,
49.19 or
49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or circuit court commissioner to order, or to modify a previous order, relating to child support, maintenance or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the county child support agency under
s. 59.53 (5) of the county in which the action is begun.
767.15(2)
(2) In any appeal of any action affecting the family in which support or maintenance of a child of any party is at issue, the person who initiates the appeal shall notify the department of the appeal by sending a copy of the notice of appeal to the department.
767.15(3)
(3) No judgment in any action affecting the family may be granted unless this section is complied with or a court orders otherwise.
767.16
767.16
Circuit court commissioner or law partner; when interested; procedure. Neither a circuit court commissioner assisting in matters affecting the family nor a partner may appear in any action affecting the family in any court held in the county in which the circuit court commissioner is acting, except when authorized to appear by
s. 767.14. In case the circuit court commissioner or a partner shall be in any way interested in such action, the presiding judge shall appoint some reputable attorney to perform the services enjoined upon the circuit court commissioner. The appointed attorney shall take and file the oath and receive the compensation provided by law.
767.16 History
History: 1979 c. 32 ss.
50,
92 (4);
1979 c. 176;
1979 c. 352 s.
39; Stats. 1979 s. 767.16;
2001 a. 61.
767.19
767.19
Record; impounding. 767.19(1)(1) No record or evidence in any case shall be impounded, or access thereto refused, except by special written order of the court made in its discretion in the interests of public morals. And when impounded no officer or other person shall permit a copy of any of the testimony or pleadings, or the substance thereof, to be taken by any person other than a party to the action, or his or her attorney of record, without the special order of the court.
767.19(2)
(2) The court may on its own motion, or on motion of any party to an action affecting the family, exclude from the courtroom all persons other than the parties, their attorneys and any guardians ad litem.
767.19 History
History: 1977 c. 105,
273;
1979 c. 32 s.
50;
1979 c. 352 s.
39; Stats. s. 767.19.
767.20
767.20
Name of spouse. The court, upon granting a divorce, shall allow either spouse, upon request, to resume a former legal surname, if any.
767.20 History
History: 1975 c. 94;
1979 c. 32 s.
50; Stats. 1979 s. 767.20.
767.20 Annotation
Women's names in Wisconsin: In Re Petition of Kruzel. MacDougall, 1975 WBB No. 4.
767.21
767.21
Full faith and credit; comity. 767.21(1)
(1)
Actions in courts of other states. 767.21(1)(a)(a) Full faith and credit shall be given in all courts of this state to a judgment in any action affecting the family, except an action relating to child custody, by a court of competent jurisdiction in another state, territory or possession of the United States, when both spouses personally appear or when the respondent has been personally served. Full faith and credit shall also be given in all courts of this state to the amount of arrearages owed for nonpayment or late payment of a child support, family support or maintenance payment under an order issued by a court of competent jurisdiction in another state, territory or possession of the United States. A court in this state may not adjust the amount of arrearages owed except as provided in
s. 767.32 (1m).
767.21(1)(b)
(b) Full faith and credit shall be given in all courts of this state to a determination of paternity made by any other state, whether established through voluntary acknowledgment or an administrative or judicial process.
767.21(2)
(2) Actions in courts of foreign countries. Any court of this state may recognize a judgment in any action affecting the family involving Wisconsin domiciliaries, except an action relating to child custody, by a court of competent jurisdiction in a foreign country, in accordance with the principles of international comity.
767.21(3)
(3) Child custody actions. All matters relating to the effect of the judgment of another court concerning child custody shall be governed by
ch. 822.
767.21 History
History: 1977 c. 105;
1979 c. 32 s.
50;
1979 c. 352 s.
39; Stats. 1979 s. 767.21;
1989 a. 212;
1993 a. 481.
767.21 Annotation
Full faith and credit is not applicable when a decree or judgment is obtained in a jurisdiction outside of the U.S. Estate of Steffke,
65 Wis. 2d 199,
222 N.W.2d 628.
767.21 Annotation
A Wisconsin court has equitable jurisdiction to decide issues of maintenance and property division when an out-of-state divorce judgment fails to address those issues. Haeuser v. Haeuser,
200 Wis. 2d 750,
548 N.W.2d 750 (Ct. App. 1996).
767.22
767.22
Uniform divorce recognition act. 767.22(1)
(1) A divorce obtained in another jurisdiction shall be of no force or effect in this state, if the court in such other jurisdiction lacks subject matter jurisdiction to hear the case because both parties to the marriage were domiciled in this state at the time the proceeding for the divorce was commenced.
767.22(2)
(2) Proof that a person obtaining a divorce in another jurisdiction was (a) domiciled in this state within 12 months prior to the commencement of the proceeding therefor, and resumed residence in this state within 18 months after the date of the person's departure therefrom, or (b) at all times after the person's departure from this state, and until the person's return maintained a place of residence within this state, shall be prima facie evidence that the person was domiciled in this state when the divorce proceeding was commenced.
767.22(3)
(3) This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
767.22(4)
(4) This section may be cited as the Uniform Divorce Recognition Act.
767.22 History
History: 1977 c. 105;
1979 c. 32 s.
50; Stats. 1979 s. 767.22;
1993 a. 486.
767.22 Annotation
Comity cannot be accorded a Mexican decree if no domicile existed in that foreign jurisdiction. Estate of Steffke,
65 Wis. 2d 199,
222 N.W.2d 628 (1974).
767.23
767.23
Temporary orders for support of spouse and children; suit money; attorney fees. 767.23(1)
(1) Except as provided in
ch. 822, in every action affecting the family, the court or circuit court commissioner may, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:
767.23(1)(a)
(a) Upon request of one party, granting legal custody of the minor children to the parties jointly, to one party solely or to a relative or agency specified under
s. 767.24 (3), in a manner consistent with
s. 767.24, except that the court or circuit court commissioner may order sole legal custody without the agreement of the other party and without the findings required under
s. 767.24 (2) (b) 2. This order may not have a binding effect on a final custody determination.
767.23(1)(am)
(am) Upon the request of a party, granting periods of physical placement to a party in a manner consistent with
s. 767.24. The court or circuit court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.
767.23(1)(c)
(c) Subject to
s. 767.477, requiring either party or both parties to make payments for the support of minor children, which payment amounts must be expressed as a fixed sum unless the parties have stipulated to expressing the amount as a percentage of the payer's income and the requirements under
s. 767.10 (2) (am) 1. to
3. are satisfied.
767.23(1)(d)
(d) Requiring either party to pay for the maintenance of the other party. This maintenance may include the expenses and attorney fees incurred by the other party in bringing or responding to the action affecting the family.
767.23(1)(f)
(f) Requiring either party to execute an assignment of income under
s. 767.265 or an authorization for transfer under
s. 767.267.
767.23(1)(g)
(g) Requiring either party or both parties to pay debts or perform other actions in relation to the persons or property of the parties.
767.23(1)(i)
(i) Requiring counseling of either party or both parties.
767.23(1)(k)
(k) Subject to
s. 767.477, requiring either party or both parties to maintain minor children as beneficiaries on a health insurance policy or plan.
767.23(1)(L)
(L) Requiring either party or both parties to execute an assignment of income for payment of health care expenses of minor children.
767.23(1m)
(1m) If a circuit court commissioner believes that a temporary restraining order or injunction under
s. 813.12 is appropriate in an action, the circuit court commissioner shall inform the parties of their right to seek the order or injunction and the procedure to follow. On a motion for such a restraining order or injunction, the circuit court commissioner shall submit the motion to the court within 5 working days.
767.23(1n)
(1n) Before making any temporary order under
sub. (1), the court or circuit court commissioner shall consider those factors that the court is required by this chapter to consider before entering a final judgment on the same subject matter. In making a determination under
sub. (1) (a) or
(am), the court or circuit court commissioner shall consider the factors under
s. 767.24 (5). If the court or circuit court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under
s. 49.22 (9), the court or circuit court commissioner shall comply with the requirements of
s. 767.25 (1n). A temporary order under
sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or circuit court commissioner. Temporary orders made by a circuit court commissioner may be reviewed by the court.
767.23(2)
(2) Notice of motion for an order or order to show cause under
sub. (1) may be served at the time the action is commenced or at any time thereafter and shall be accompanied by an affidavit stating the basis for the request for relief.
767.23(3)(a)(a) Upon making any order for dismissal of an action affecting the family or for substitution of attorneys in an action affecting the family or for vacation of a judgment theretofore granted in any such action, the court shall prior to or in its order render and grant separate judgment in favor of any attorney who has appeared for a party to the action and in favor of any guardian ad litem for a party or a child for the amount of fees and disbursements to which the attorney or guardian ad litem is, in the court's judgment, entitled and against the party responsible therefor.
767.23(3)(b)
(b) Upon making any order for dismissal of an action affecting the family or for vacation of a judgment granted in any such order, the court shall, prior to or in its order of dismissal or vacation, also preserve the right of the state or a political subdivision of the state to collect any arrearages, by an action under this chapter or under
ch. 785, owed to the state if either party in the case was a recipient of aid under
ch. 49.
767.23 History
History: 1971 c. 149;
1971 c. 211 s.
126;
1971 c. 220,
307;
1975 c. 283; Sup. Ct. Order, 73 Wis. 2d xxxi (1976);
1977 c. 105;
1979 c. 32 ss.
50,
92 (4);
1979 c. 111,
196;
1979 c. 352 s.
39; Stats. 1979 s. 767.23;
1983 a. 27;
1983 a. 204 s.
22;
1983 a. 447;
1985 a. 29 s.
3202 (9);
1987 a. 355,
364,
413;
1989 a. 212;
1991 a. 39;
1993 a. 78,
481,
490;
1995 a. 27 ss.
7100h,
9126 (19);
1995 a. 70,
404;
1999 a. 9;
2001 a. 16,
61.
767.23 Cross-reference
Cross Reference: See also ch.
DWD 40, Wis. adm. code.
767.23 Annotation
Sub. (3) (a) is strictly construed to apply to those situations expressly set forth in the statute, such as orders for dismissal, substitution of attorneys and vacation of judgments, in actions affecting families. In other cases, an action to recover legal fees may be instituted. Kotecki & Radtke, S.C. v. Johnson,
192 Wis. 2d 429,
531 N.W.2d 606 (Ct. App. 1995).
767.23 Annotation
The federal tax consequences of divorce. Meldman, Ryan, 57 MLR 229.
767.24
767.24
Custody and physical placement. 767.24(1)
(1)
General provisions. In rendering a judgment of annulment, divorce, legal separation or paternity, or in rendering a judgment in an action under
s. 767.02 (1) (e) or
767.62 (3), the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as provided in this section.
767.24(1m)
(1m) Parenting plan. In an action for annulment, divorce or legal separation, an action to determine paternity or an action under
s. 767.02 (1) (e) or
767.62 (3) in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court before any pretrial conference. Except for cause shown, a party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party's parenting plan. A parenting plan shall provide information about the following questions:
767.24(1m)(a)
(a) What legal custody or physical placement the parent is seeking.
767.24(1m)(b)
(b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under
s. 940.19 or
940.20 (1m), or domestic abuse, as defined in
s. 813.12 (1) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years.
767.24(1m)(c)
(c) Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under
s. 940.19 or
940.20 (1m), or domestic abuse, as defined in
s. 813.12 (1) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works.
767.24(1m)(d)
(d) Who will provide any necessary child care when the parent cannot and who will pay for the child care.
767.24(1m)(f)
(f) What doctor or health care facility will provide medical care for the child.
767.24(1m)(h)
(h) What the child's religious commitment will be, if any.
767.24(1m)(i)
(i) Who will make decisions about the child's education, medical care, choice of child care providers and extracurricular activities.
767.24(1m)(L)
(L) Whether and how the child will be able to contact the other parent when the child has physical placement with the parent providing the parenting plan.
767.24(1m)(m)
(m) How the parent proposes to resolve disagreements related to matters over which the court orders joint decision making.
767.24(1m)(n)
(n) What child support, family support, maintenance or other income transfer there will be.
767.24(1m)(o)
(o) If there is evidence that either party engaged in interspousal battery, as described under
s. 940.19 or
940.20 (1m), or domestic abuse, as defined in
s. 813.12 (1) (am), with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.
767.24(2)
(2) Custody to party; joint or sole. 767.24(2)(a)(a) Subject to
pars. (am),
(b) and
(c), based on the best interest of the child and after considering the factors under
sub. (5), the court may give joint legal custody or sole legal custody of a minor child.
