767.041.Full faith and credit; comity.

Subch. I: Definitions, Scope, Jurisdiction, and Recognition of Judgments · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.041 requires Wisconsin courts to give full faith and credit to another state's family judgments and paternity determinations, allows comity for foreign countries, and sends custody to ch. 822.

Full Text of Section 767.041

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(1) ACTIONS IN COURTS OF OTHER STATES. (a) Full faith and credit shall be given in all courts of this state to a judgment in any action affecting the family, except an action relating to child custody, by a court of competent jurisdiction in another state, territory, or possession of the United States, when both spouses personally appear or when the respondent has been personally served. Full faith and credit shall also be given in all courts of this state to the amount of arrearages owed for nonpayment or late payment of a child support, family support, or maintenance payment under an order issued by a court of competent jurisdiction in another state, territory, or possession of the United States. A court in this state may not adjust the amount of arrearages owed except as provided in s. 767.59 (1m).

(b) Full faith and credit shall be given in all courts of this state to a determination of paternity made by any other state, whether established through voluntary acknowledgment or an administrative or judicial process.

(2) ACTIONS IN COURTS OF FOREIGN COUNTRIES. Any court of this state may recognize a judgment in any action affecting the family involving Wisconsin domiciliaries, except an action relating to child custody, by a court of competent jurisdiction in a foreign country, in accordance with the principles of international comity.

(3) CHILD CUSTODY ACTIONS. All matters relating to the effect of the judgment of another court concerning child custody are governed by ch. 822.

End

Amendment History

Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.

History: 1977 c. 105; 1979 c. 32 s. 50; 1979 c. 352 s. 39; Stats. 1979 s. 767.21; 1989 a. 212; 1993 a. 481; 2005 a. 443 s. 82; Stats. 2005 s. 767.041.

Plain-English Summary

Three regimes, and which one applies depends on where the judgment came from and what it decided.

Another state. Full faith and credit must be given to a judgment in any action affecting the family — except one relating to child custody — when both spouses personally appeared or the respondent was personally served. The same is true of the amount of arrears owed for unpaid or late child support, family support or maintenance under another state's order, and a Wisconsin court may not adjust that amount except as the revision section allows. Full faith and credit also extends to another state's paternity determination, whether it was reached by voluntary acknowledgment or through an administrative or judicial process.

A foreign country. Here the rule is permissive rather than mandatory: a Wisconsin court may recognise a judgment involving Wisconsin domiciliaries, again except one relating to child custody, in accordance with the principles of international comity.

Custody. Carved out of both. Everything about the effect of another court's custody judgment is governed by ch. 822.

Frequently Asked Questions

Will Wisconsin recognise a divorce granted in another state?

Yes, if both spouses personally appeared or the respondent was personally served. Full faith and credit must be given to that judgment.

Can a Wisconsin court change the arrears another state calculated?

No, except as Section 767.59 allows. Full faith and credit extends to the amount of arrears owed under another state's order.

What about a divorce from another country?

A Wisconsin court may recognise it under the principles of international comity — may, not must — and only where Wisconsin domiciliaries are involved.

Does this section cover custody judgments?

No. Custody is expressly excepted from both the full faith and credit and the comity provisions, and is governed by ch. 822 instead.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.041), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: full faith and credit divorce Wisconsinforeign divorce recognitionout of state paternity determination Wisconsinarrears another state