767.235 Trial or hearing on judgment.

644 words·~3 min read·/wi/chapter-767/767-235-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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

(p)3. , shall be before the court. Testimony shall be taken by the reporter and shall be transcribed and filed with the record if so ordered by the court. Custody proceedings have priority in being set for hearing.

(b)Notwithstanding par.

(a), a judgment of divorce or legal separation under s. 767.35 may be granted without a hearing before the court if all of the following conditions are met:

1. Both parties named in the action are 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 who drafted and filed the parties’ signed stipulation under s. 767.34 .

2. All parties under s. 767.205 have signed and filed a court-approved stipulation under s. 767.34 .

3. Both parties have filed a stipulation for judgment upon affidavit.

4. Both parties have submitted an affidavit that meets all of the following requirements:

a. The affidavit affirms or amends, if necessary, the information contained in the petition under s. 767.215

(2).

b. The affidavit affirms the residency requirements under s. 767.301 .

c. The affidavit asserts that the conditions under s. 767.35

(1)have been met.

d. The affidavit states whether either party is a member of the armed forces of the United States or its allies.

e. The affidavit states whether either party is receiving public assistance.

f. The affidavit affirms that both parties made the disclosures required under s. 767.127 .

g. The affidavit affirms that both parties understood the terms of and entered freely into any stipulation filed under s. 767.34 .

h. The affidavit requests that the court incorporate any stipulation filed under s. 767.34 into the judgment.

i. The affidavit waives the right to a hearing in person before a court under par.

(a)and s. 767.315 .

j. The affidavit states that both parties understand the requirements under s. 767.35

(3).

k. The affidavit states whether either party requests to resume a former legal surname, if any, under s. 767.395 .

L. The affidavit states whether the parties were involved in any pending or completed court cases in any jurisdiction where interspousal battery or domestic abuse, as defined in s. 813.12

(am), are indicated, including petitions under s. 813.12 , 813.122 , or 813.125 or criminal cases alleging conduct under s. 940.60 or 940.61

(1)or s. 940.19 , 2023 stats., or s. 940.20

(1m), 2023 stats., or their substantial equivalents in state, tribal, or federal court.

767.235 Note NOTE: Subd. 4. L. is shown as amended by 2025 Wis. Acts 127 and 140 and as merged by the legislative reference bureau under s. 13.92

(2)(i).

m. The affidavit states that both parties acknowledge and understand the prohibition on remarriage under s. 765.03 .

(2)Appearance of litigants. Except as provided under sub.

(b), or unless nonresidence in the state is shown by competent evidence, service is by publication, or the court for other good cause orders otherwise, both parties in actions affecting the family shall appear upon the final hearing or trial. An order of the court to that effect shall be procured by the moving party, and shall be served upon the nonmoving party before the hearing or trial. No order is required in the case of a joint petition.

(3)Exclusion from courtroom. 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.

767.235 Note NOTE: 2005 Wis. Act 443 contains explanatory notes.