767.055.Uniform Divorce Recognition Act.

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 767.055 is the Uniform Divorce Recognition Act: a divorce got elsewhere by two Wisconsin domiciliaries has no effect here.

Full Text of Section 767.055

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(1) EFFECT OF FOREIGN DIVORCE BY STATE DOMICILIARY. A divorce obtained in another jurisdiction is of no force or effect in this state if the court in the other jurisdiction lacks subject matter jurisdiction to hear the case because both parties to the marriage were domiciled in this state at the time the proceeding for the divorce was commenced.

(2) PROOF. Proof that a person obtaining a divorce in another jurisdiction was domiciled in this state within 12 months prior to the commencement of the divorce proceeding and resumed residence in this state within 18 months after the date of the person’s departure from this state, or that at all times after the person’s departure from this state and until the person’s return the person maintained a place of residence within this state, is prima facie evidence that the person was domiciled in this state when the divorce proceeding was commenced.

(3) CONSTRUCTION. This section shall be interpreted and construed so as to effectuate its general purpose to make uniform the law of those states that enact it.

(4) TITLE. This section may be cited as the Uniform Divorce Recognition Act.

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; Stats. 1979 s. 767.22; 1993 a. 486; 2005 a. 443 s. 85; Stats. 2005 s. 767.055.

Plain-English Summary

This section closes the migratory divorce. If both parties to the marriage were domiciled in Wisconsin when the proceeding was commenced, and the other jurisdiction therefore lacked subject matter jurisdiction, the divorce it granted is of no force or effect in this state.

Proving domicile is made practical by a presumption. Proof that the person who obtained the divorce was domiciled in Wisconsin within 12 months before the proceeding began and resumed residence here within 18 months after leaving — or that they kept a residence here the whole time they were away — is prima facie evidence that they were domiciled in Wisconsin when the proceeding was commenced.

The section is a uniform act and says so: it is to be interpreted to make the law uniform among the states that enact it, and it may be cited by that name.

Frequently Asked Questions

Is an out-of-state divorce valid if both spouses lived in Wisconsin?

Not if the other jurisdiction lacked subject matter jurisdiction because both parties were domiciled in Wisconsin when the proceeding was commenced. Such a divorce is of no force or effect in this state.

How is Wisconsin domicile proved?

Proof that the person was domiciled here within 12 months before the divorce proceeding began and resumed residence here within 18 months after leaving — or kept a residence here throughout — is prima facie evidence of domicile at commencement.

What is this section called?

The Uniform Divorce Recognition Act. The section says so itself.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.055), 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: Uniform Divorce Recognition Act Wisconsinmigratory divorce Wisconsinout of state divorce invalid767.055 domicile