Senate Bill 189 introduces a new process for the dissolution of marriage in Wisconsin, allowing for a judgment of divorce or legal separation to be granted based on an affidavit signed by both parties, rather than requiring a court hearing. This optional final hearing by affidavit is contingent upon several conditions: both parties must be represented by legal counsel or have worked with a registered lawyer mediator, they must file a court-approved stipulation, and submit a detailed affidavit that meets specific requirements, including waiving the right to an in-person hearing. The bill amends various sections of the statutes to accommodate this new process, including the renumbering of existing provisions and the creation of new ones.

Key amendments include changes to the filing requirements for disclosure forms, the conditions under which parties must appear for hearings, and the criteria for establishing that a marriage is irretrievably broken. Notably, the bill specifies that certain findings related to the breakdown of the marital relationship can also be satisfied through the affidavit process. Additionally, it clarifies that the judgment of divorce is effective immediately upon being granted, while also reiterating the prohibition on remarriage within six months of the judgment. Overall, this bill aims to streamline the divorce process while ensuring that necessary legal protections and disclosures are maintained.

Statutes affected:
Bill Text: 767.127(2), 767.127, 767.235(2), 767.235, 767.315(1)(a), 767.315, 767.315(2), 767.335(intro.), 767.335, 767.35(3), 767.35
Text as Enrolled: 767.127(2), 767.127, 767.235(2), 767.235, 767.315(1)(a), 767.315, 767.315(2), 767.335(intro.), 767.335, 767.35(3), 767.35