Read the full stored bill text
Wisconsin Legislature: SB189: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
SB189: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-2421/1
MDE:amn
2025 SENATE BILL 189
April 14, 2025 - Introduced by Senators
Wimberger
and
Cabral-Guevara
, cosponsored by Representatives
Tusler
,
O'Connor
,
Doyle
,
Palmeri
and
Piwowarczyk
. Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.
SB189,1,4
1
An Act
to renumber
767.235 (1);
to amend
767.127 (2), 767.235 (2), 767.315
2
(1) (a), 767.315 (2), 767.335 (intro.) and 767.35 (3);
to create
767.235 (1) (b) of
3
the statutes;
relating to:
an optional final hearing by affidavit for the
4
dissolution of a marriage.
Analysis by the Legislative Reference Bureau
This bill allows a court to enter a judgment of divorce or legal separation based on an affidavit signed by each party to the action (final hearing by affidavit). Under current law, all hearings and trials to determine whether a divorce or legal separation must be granted must be before the court entering the judgment.
In order for a final hearing by affidavit to be granted, the parties to the divorce or legal separation action must 1) be represented by counsel or have worked with a lawyer mediator with special skills and training in dispute resolution who is registered on the case and drafted and filed the signed stipulation related to divorce or legal separation, 2) sign and file any stipulation required by the court, and 3) submit the signed affidavit, which must meet a number of requirements, including that the affidavit waives the right to a hearing in person before a court.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB189,1
1
Section
1
.
767.127 (2) of the statutes is amended to read:
SB189,2,7
2
767.127
(2)
Filing disclosure forms.
Disclosure forms required under this
3
section shall be filed within 90 days after the service of summons or the filing of a
4
joint petition or at a time ordered by the court. Information on the forms shall be
5
updated on the record to the date of hearing
or, in the case of granting a divorce or
6
legal separation based on an affidavit under s. 767.235 (1) (b), the date of the
7
signing of the affidavit
.
SB189,2
8
Section
2
.
767.235 (1) of the statutes is renumbered 767.235 (1) (a).
SB189,3
9
Section
3
.
767.235 (1) (b) of the statutes is created to read:
SB189,2,12
10
767.235
(1)
(b) Notwithstanding par. (a), a judgment of divorce or legal
11
separation under s. 767.35 may be granted without a hearing before the court if all
12
of the following conditions are met:
SB189,2,16
13
1. Both parties named in the action are represented by counsel or have worked
14
with a lawyer mediator with special skills and training in dispute resolution who is
15
registered on the case and who drafted and filed the parties’ signed stipulation
16
under s. 767.34.
SB189,2,18
17
2. All parties under s. 767.205 have signed and filed a court-approved
18
stipulation under s. 767.34.
SB189,2,19
19
3. Both parties have filed a stipulation for judgment upon affidavit.
SB189,2,21
20
4. Both parties have submitted an affidavit that meets all of the following
21
requirements:
SB189,2,23
22
a. The affidavit affirms or amends, if necessary, the information contained in
23
the petition under s. 767.215 (2).
SB189,2,24
24
b. The affidavit affirms the residency requirements under s. 767.301.
SB189,3,1
1
c. The affidavit asserts that the conditions under s. 767.35 (1) have been met.
SB189,3,3
2
d. The affidavit states whether either party is a member of the armed forces of
3
the United States or its allies.
SB189,3,4
4
e. The affidavit states whether either party is receiving public assistance.
SB189,3,6
5
f. The affidavit affirms that both parties made the disclosures required under
6
s. 767.127.
SB189,3,8
7
g. The affidavit affirms that both parties understood the terms of and entered
8
freely into any stipulation filed under s. 767.34.
SB189,3,10
9
h. The affidavit requests that the court incorporate any stipulation filed
10
under s. 767.34 into the judgment.
SB189,3,12
11
i. The affidavit waives the right to a hearing in person before a court under
12
par. (a) and s. 767.315.
SB189,3,14
13
j. The affidavit states that both parties understand the requirements under s.
14
767.35 (3).
SB189,3,16
15
k. The affidavit states whether either party requests to resume a former legal
16
surname, if any, under s. 767.395.
SB189,3,21
17
L. The affidavit states whether the parties were involved in any pending or
18
completed court cases in any jurisdiction where interspousal battery or domestic
19
abuse, as defined in s. 813.122 (1) (a), are indicated, including petitions under s.
20
813.12, 813.122, or 813.125, criminal cases alleging conduct under s. 940.19 or
21
940.20, or their substantial equivalents in state, tribal, or federal court.
SB189,3,23
22
m. The affidavit states that both parties acknowledge and understand the
23
prohibition on remarriage under s. 765.03.
SB189,4
24
Section
4
.
767.235 (2) of the statutes is amended to read:
SB189,4,7
1
767.235
(2)
Appearance of litigants.
Unless
Except as provided under sub.
2
(1) (b), or unless
nonresidence in the state is shown by competent evidence, service
3
is by publication, or the court for other good cause orders otherwise, both parties in
4
actions affecting the family shall appear upon the final hearing or trial. An order of
5
the court to that effect shall be procured by the moving party, and shall be served
6
upon the nonmoving party before the hearing or trial. No order is required in the
7
case of a joint petition.
SB189,5
8
Section
5
.
767.315 (1) (a) of the statutes is amended to read:
SB189,4,15
9
767.315
(1)
(a) If both of the parties to a legal separation or divorce action by
10
petition or otherwise have stated under oath or affirmation that the marriage is
11
irretrievably broken, or if the parties have voluntarily lived apart continuously for
12
12 months or more immediately prior to commencement of the action and one party
13
has so stated, the court, after hearing, shall make a finding that the marriage is
14
irretrievably broken for purposes of s. 767.35 (1) (b) 1.
This paragraph may be
15
satisfied by an affidavit under s. 767.235 (1) (b).
SB189,6
16
Section
6
.
767.315 (2) of the statutes is amended to read:
SB189,4,21
17
767.315
(2)
Breakdown of marital relationship.
If both of the parties to a
18
legal separation or divorce action by petition or otherwise have stated under oath or
19
affirmation that the marital relationship is broken, the court, after hearing, shall
20
make a finding that the marital relationship is broken for purposes of s. 767.35 (1)
21
(b) 2.
This subsection may be satisfied by an affidavit under s. 767.235 (1) (b).
SB189,7
22
Section
7
.
767.335 (intro.) of the statutes is amended to read:
SB189,5,2
23
767.335
Waiting period for final hearing or trial.
(intro.) An action for
1
divorce or legal separation may not be brought to final hearing or trial
or granted
2
based on an affidavit under s. 767.235 (1) (b)
until the first of the following occurs:
SB189,8
3
Section
8
.
767.35 (3) of the statutes is amended to read:
SB189,5,9
4
767.35
(3)
When divorce judgment effective.
A judgment of divorce is
5
effective when granted. A court granting a judgment of divorce shall inform the
6
parties
appearing in court
that the judgment is effective when granted but that it is
7
unlawful under s. 765.03 (2) for a party to marry again until 6 months after the
8
judgment is granted. This section does not prevent application of enforceable
9
orders prior to the divorce judgment as set forth in s. 767.333.
SB189,5,10
10
(end)
Down
Down
/2025/related/proposals/sb189
true
proposaltext
/2025/related/proposals/sb189
proposaltext/2025/REG/SB189
proposaltext/2025/REG/SB189
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
SB189: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting