Chapter 767 — ACTIONS AFFECTING THE FAMILY

767.001 Definitions. In this chapter: (1) “Action affecting the family” means any of the following actions: (a) To affirm marriage. (b) Annulment. 767.44 767.451 767.461 767.471 767.481 767.501 767.511 767.513 767.521 767.531 767.54 767.55 767.553 767.56 767.57 767.58 767.59 767.…

767.005 Scope. This chapter applies to actions affecting the family. History: 2005 a. 443. NOTE: 2005 Wis. Act 443 contains explanatory notes.

767.01 Jurisdiction. (1) GENERALLY. The circuit courts have jurisdiction of all actions affecting the family and have authority to do all acts and things necessary and proper in those actions and to carry their orders and judgments into execution as prescribed in this chapter. Ex…

767.041 Full faith and credit; comity. (1) ACTIONS IN COURTS OF OTHER STATES. (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…

767.055 Uniform Divorce Recognition Act. (1) EFFECT OF FOREIGN DIVORCE BY STATE DOMICILIARY. A divorce obtained in another jurisdiction is of no force or effect in this state if the court in the other jurisdiction lacks subject matter jurisdiction to hear the case because both pa…

767.105 Information from the office of family court commissioner. (1) INFORMATION ON AVAILABLE SERVICES. Upon the filing of an action affecting the family, the office of family court commissioner shall inform the parties of any services, including referral services, offered by th…

767.117 Prohibited acts during pendency of action. (1) PROHIBITIONS. In an action affecting the family, the petitioner upon filing the petition, the joint petitioners upon filing the joint petition and the respondent upon service of the petition are prohibited from doing any of t…

767.127 Financial disclosure. (1) REQUIRED DISCLOSURE. In an action affecting the family, except an action to affirm marriage under s. 767.001 (1) (a), the court shall require each party to furnish, on standard forms required by the court, full disclosure of all assets owned in f…

767.13 Impoundment of record. Except as provided in s. 767.127 (3), the record or evidence in an action affecting the family may not be impounded, and access to the record or evidence may not be refused, except by written order of the court for good cause shown. No person may per…

767.14 Change of address. Within 5 business days after receiving notice of an address change by a party to an action affecting the family, the clerk of circuit court shall enter the new address in the case file for the action. History: 2017 a. 203.

767.16 Circuit court commissioner or law partner; when interested; procedure. A circuit court commissioner assisting in matters affecting the family or a member of the commissioner’s law firm may not appear in any action affecting the family in any court held in the county in whi…

767.17 De novo review. (1) RIGHT TO DE NOVO REVIEW. Any decision of a circuit court commissioner under this chapter shall be reviewed by the judge of the branch of court to which the case has been assigned, upon motion of any party. Any determination, order, or ruling by a circui…

767.18 Actions to affirm marriage. If the validity of a marriage is denied or doubted by either of the parties the other party may commence an action to affirm the marriage. The judgment in an action to affirm marriage shall declare the marriage valid or annul the marriage, and i…

767.201 Civil procedure generally governs. Except as otherwise provided in the statutes, chs. 801 to 847 govern procedure and practice in an action affecting the family. Except as provided in this chapter, chs. 801 and 802 apply to the content and form of the pleadings and summon…

767.205 Parties; title of actions. (1) PARTIES. The party initiating an action affecting the family is the petitioner. The party responding to the action is the respondent. All references to “plaintiff” in chs. 801 to 807 apply to the petitioner, and all references to “defendant”…

767.215 Initiating action; petition and response. (1) INITIATION OF ACTION. (a) Either or both of the parties to the marriage may initiate the action. The party initiating the action or his or her attorney shall sign the petition. Both parties or their respective attorneys shall …

767.217 Notice to Child Support Program. (1) NOTICE OF PLEADING OR MOTION. In an action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 48.645, 49.19, or 49.45, each party shall, either within 20 days after serving …

767.225 Orders during pendency of action. (1) TEMPORARY ORDERS. Except as provided in ch. 822, in an action affecting the family the court may, during the pendency of the action, make just and reasonable temporary orders concerning the following matters: (a) Upon request of one p…

767.235 Trial or hearing on judgment. (1) BEFORE COURT. (a) In an action affecting the family, all hearings and trials to determine whether judgment shall be granted, except hearings under s. 757.69 (1) (p) 3., shall be before the court. Testimony shall be taken by the reporter a…

767.241 Award of attorney fees and other fees and costs. (1) COURT AUTHORITY. The court, after considering the financial resources of both parties, may do the following: (a) Order either party to pay a reasonable amount for the cost to the other party of maintaining or responding…

767.251 Content, preparation, and approval of judgment. (1) CONTENT. In an action affecting the family, if the court orders maintenance payments or other allowances for a party or children or retains jurisdiction in those matters, the written judgment shall include a statement th…

767.264 Dismissal; vacation; substitution or withdrawal of attorney. (1) OPPORTUNITY TO RESPOND. An action affecting the family may not be dismissed under s. 805.04 (1) unless all the parties who have appeared in the action have been served with a copy of the notice of dismissal …

767.273 Allowances pending appeal. In an action affecting the family pending in appellate court, an allowance for suit money, counsel fees, or disbursements in the court or for temporary maintenance or support payments to the spouse or the children during the pendency of the appe…

767.281 Filing procedures and orders for enforcement or modification of judgments or orders. (1) APPLICABILITY. This section applies to all enforcement or modification petitions, motions or orders to show cause filed for actions affecting the family under s. 767.001 (1) (i). (1m)…

767.301 Residence requirements. No action to affirm marriage or for annulment under s. 767.001 (1) (a) or (b) may be brought unless at least one of the parties has been a bona fide resident of the county in which the action is brought for not less than 30 days next preceding the …

767.313 Annulment. (1) GROUNDS; WHEN SUIT MAY BE BROUGHT. A court may annul a marriage upon any of the following grounds: (a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of age, because of mental incapacity or infirmi…

767.315 Grounds for divorce and legal separation. (1) IRRETRIEVABLE BREAKDOWN. (a) If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or if the parties have volun…

767.317 Defenses abolished. Previously existing defenses to divorce and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished. History: 2005 a. 443 s. 50.

767.323 Suspension of proceedings to effect reconciliation. During the pendency of an 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 pro…

767.331 Actions for certain interspousal remedies. If a spouse has begun an action against the other spouse under s. 766.70 and either or both spouses subsequently bring an action under this chapter for divorce, annulment or legal separation, the actions may be consolidated by th…

767.333 Initial orders based on stipulation prior to judgment. (1) INITIAL ORDERS BASED ON STIPULATION ALLOWED. Prior to obtaining a judgment of divorce, annulment, or legal separation, the parties may agree to physical placement, legal custody, child support, property division, …

767.335 Waiting period for final hearing or trial. An action for divorce or legal separation may not be brought to final hearing or trial or granted based on an affidavit under s. 767.235 (1) (b) until the first of the following occurs: (1) GENERALLY. The expiration of 120 days a…

767.34 Court-approved stipulation. (1) AUTHORITY. The parties in an action for an annulment, divorce, or legal separation may, subject to the approval of the court, stipulate for a division of property, for maintenance payments, for the support of ACTIONS AFFECTING THE FAMILY 767…

767.35 Judgment of divorce or legal separation. (1) WHEN GRANTED. A court shall grant a judgment of divorce or legal separation if all of the following conditions are met: (a) The requirements of this chapter as to residence and attendance at an educational program under s. 767.4…

767.36 Copies of judgment to parties. At the time of filing a judgment for an annulment, divorce, or legal separation, the clerk shall mail a copy of the judgment promptly to each party to the action at the last-known address, and the mailing shall be shown in the court record. H…

767.375 Effect on transfers at death. (1) REVOCATION OF DEATH PROVISIONS IN MARITAL PROPERTY AGREEMENT. Unless the judgment provides otherwise, a judgment of annulment, divorce or legal separation revokes a provision in a marital property agreement under s. 766.58 that provides f…

767.385 Maintenance, legal custody, and support when divorce or separation denied. If a judgment in an action for divorce or legal separation denies the divorce or legal separation, the court may make such order as the nature of the case renders just and reasonable for the legal …

767.395 Name of spouse. Except as provided in s. 301.47, the court, upon granting a divorce, shall allow either spouse, upon request, to resume a former legal surname, if any. History: 1975 c. 94; 1979 c. 32 s. 50; Stats. 1979 s. 767.20; 2003 a. 52; 2005 a. 443 s. 78; Stats. 2005…

767.401 Educational programs and classes. (1) PROGRAMS: EFFECTS OF DISSOLUTION ON CHILDREN; PARENTING SKILLS. (a) During the pendency of an action affecting the family in which a minor child is involved and in which the court determines that it is appropriate and in the best inte…

767.405 Family court services. (1) DEFINITIONS. In this section: (a) “Mediation” means a cooperative process involving the parties and a mediator, the purpose of which is to help the parties, by applying communication and dispute resolution skills, define and resolve their own di…

767.407 Guardian ad litem for minor children. (1) APPOINTMENT. (a) The court shall appoint a guardian ad litem for a minor child in any action affecting the family if any of the following conditions exists: 1. The court has reason for special concern as to the welfare of a minor …

767.43 Visitation rights of certain persons. (1) PETITION, WHO MAY FILE. Except as provided in subs. (1m) and (2m), upon petition by a grandparent, greatgrandparent, stepparent or person who has maintained a relationship similar to a parentchild relationship with the child, the c…

767.44 Prohibiting visitation or physical placement if a parent kills other parent. (1) WHEN PROHIBITED. Notwithstanding ss. 767.225 (1) (am), 767.41 (1), (4), and (5), 767.804 (3) (a), 767.805 (4) (a), and 767.89 (3) and except as provided in sub. (2), in an action under this ch…

767.451 or 767.481. 2. The modification sought would not substantially alter the amount of time that a parent may spend with his or her child. 3. The court determines any of the following: a. That the appointment of a guardian ad litem will not assist the court in the determinati…

767.461 Revisions agreed to by stipulation. If after an initial order is entered under s. 767.41 the parties agree to a modification in an order of physical placement or legal custody and file a stipulation with the court that specifies the agreed upon modification, including a m…

767.471 Enforcement of physical placement orders. (1) DEFINITIONS. In this section: (a) “Moving party” means the parent filing a motion under this section, regardless of whether that parent was the petitioner in the action in which periods of physical placement were awarded under…