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Bill > SB189


WI SB189

An optional final hearing by affidavit for the dissolution of a marriage.


summary

Introduced
04/14/2025
In Committee
07/16/2025
Crossed Over
06/18/2025
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

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.

AI Summary

This bill allows couples seeking divorce or legal separation in Wisconsin to complete their case through a final hearing by affidavit, eliminating the requirement for an in-person court hearing under certain specific conditions. To qualify for this alternative process, both parties must either be represented by legal counsel or have worked with a registered lawyer mediator who drafted their stipulation, and they must submit a comprehensive affidavit that includes detailed information about their case. The affidavit must cover numerous aspects of the divorce, such as residency requirements, confirmation that the marriage is irretrievably broken, disclosure of any domestic violence history, details about public assistance, potential surname changes, and an explicit waiver of the right to an in-person court hearing. By allowing this affidavit option, the bill aims to streamline the divorce process, potentially reducing court time and making the procedure more efficient for couples who are in agreement about the terms of their separation. The bill maintains important protections by requiring that both parties fully understand the stipulation, and it preserves existing restrictions, such as the six-month waiting period before remarriage and the need to meet all legal requirements for divorce.

Committee Categories

Health and Social Services

Sponsors (7)

Last Action

Read first time and referred to committee on Rules (on 07/16/2025)

bill text


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