DO I NEED TO ATTEND A COURT DATE TO GET DIVORCED IN WISCONSIN

Parties getting divorced in Wisconsin often want to know if they reach an agreement with their spouse, whether or not they would still have to appear in court to finalize the divorce.

While many States do allow Parties who have reached an agreement in their divorce to not have to appear in court, under Wisconsin law there is still a requirement to have at least one court date for the divorce to be finalized; however, there is currently a bill before the State Legislature that would allow Parties who have reached an agreement to have the divorce be finalized without a court hearing.

In 2020, when the COVID pandemic shut down courtrooms, Family Court Judges were trying to figure out ways to get divorces finalized even though the State Law required a court hearing, but courts were not actually open. Many Counties and Judges turned to a process which our firm refers to as “divorce by affidavit”. This allows the Parties to do additional paperwork or an affidavit that basically goes over all of the questions that would normally be asked during a court hearing. In fact, HART LAW OFFICE was approached by the presiding Milwaukee County family judge to draft the initial template of this “divorce by affidavit” form. We did work on the drafting of the paperwork and thereafter, it was used as a model template by the courts so some divorces could be finalized during the pandemic.

When the courts started to reopen, Judges stopped accepting the “divorce by affidavit” process because of the way Wisconsin law is currently written. Many Judges, family law attorneys and parties to a divorce realize that the “divorce by affidavit” process had many benefits. A push began to try and allow this form to be used on a permanent basis. It is often stressful for people going through a divorce to have to appear in court and this is one of the reasons why not having to attend a court hearing is beneficial to both the Parties and the attorneys.

If this law is passed, it will certainly provide another option for Parties that want to have a smooth and civil divorce process to do so with less court intervention and our firm will continue to be on top of this process and offer it to our clients when available.

If you are considering dissolving your marriage, our father-son team at Hart Law Office can advise you on your options. For a free initial consultation, call 414-271-1775 or contact us online. We represent clients throughout southeastern Wisconsin from our office in Milwaukee’s historic Third Ward.