767.117.Prohibited acts during pendency of action.

Subch. II: Provisions of General Application · Last amended 2025 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.117 forbids each party, from the moment the petition is filed or served, to harass the other, dispose of property, or move a child more than 100 driving miles away or out of state for more than 90 days.

Full Text of Section 767.117

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(1) PROHIBITIONS. In an action affecting the family, the petitioner upon filing the petition, the joint petitioners upon filing the joint petition and the respondent upon service of the petition are prohibited from doing any of the following:

(a) Harassing, intimidating, physically abusing or imposing any restraint on the personal liberty of the other party or a minor child of either of the parties.

(b) If the action is one under s. 767.001 (1) (a), (b), (c), (d), (h), or (i), encumbering, concealing, damaging, destroying, transferring, or otherwise disposing of property owned by either or both of the parties, without the consent of the other party or an order of the court, except in the usual course of business, in order to secure necessities, or in order to pay reasonable costs and expenses of the action, including attorney fees.

(c) Unless the action is one under s. 767.001 (1) (g) or (h), without the consent of the other party or an order of the court, relocating and establishing a residence with a minor child of the parties more than 100 driving miles from the residence of the other party, removing a minor child of the parties from the state for more than 90 consecutive days, or concealing a minor child of the parties from the other party.

(2) DURATION OF PROHIBITIONS. The prohibitions under sub. (1) shall apply until the action is dismissed, until a final judgment in the action is entered, or until the court orders otherwise.

(3) VIOLATIONS. (a) Except as provided in par. (b), a party who violates any provision of sub. (1) may be proceeded against under ch. 785 for contempt of court.

(b) An act in violation of sub. (1) (c) is not a contempt of court if the court finds that the action was taken to protect a party or a minor child of the parties from physical abuse by the other party and that there was no reasonable opportunity under the circumstances for the party to obtain an order under sub. (2) authorizing the action.

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: 1993 a. 78; 2001 a. 61; 2005 a. 443 ss. 51, 64; Stats. 2005 s. 767.117; 2017 a. 203; 2025 a. 81.

Plain-English Summary

These prohibitions bite automatically. No order is needed: the petitioner is bound on filing, joint petitioners on filing, and the respondent on service.

Against the person. Neither party may harass, intimidate, physically abuse or impose any restraint on the personal liberty of the other party or a minor child of either of them.

Against the property. In the property-related actions, neither may encumber, conceal, damage, destroy, transfer or otherwise dispose of property owned by either or both, without the other's consent or a court order — except in the usual course of business, to secure necessities, or to pay the reasonable costs and expenses of the action.

Against moving the child. Without consent or an order, neither may relocate and establish a residence with a minor child more than 100 driving miles from the other party's residence, remove the child from the state for more than 90 consecutive days, or conceal the child from the other party.

The prohibitions run until the action is dismissed, until final judgment, or until the court orders otherwise. A violation may be punished as contempt — with one carefully drawn exception. Moving or removing a child is not contempt if the court finds the party acted to protect themselves or a minor child from physical abuse by the other party and there was no reasonable opportunity to get an order first.

Frequently Asked Questions

Can I move with my child after filing for divorce in Wisconsin?

Not more than 100 driving miles from the other party's residence, and not out of state for more than 90 consecutive days, without the other party's consent or a court order.

When do these restrictions start?

For the petitioner, on filing the petition; for joint petitioners, on filing the joint petition; for the respondent, on service of the petition. No separate order is required.

Can I sell property during a divorce?

Not without the other party's consent or a court order, except in the usual course of business, to secure necessities, or to pay the reasonable costs and expenses of the action.

What if I had to leave to escape abuse?

Moving or removing a child is not contempt if the court finds the action was taken to protect a party or a minor child from physical abuse by the other party and there was no reasonable opportunity to obtain an order first.

How long do the prohibitions last?

Until the action is dismissed, until a final judgment is entered, or until the court orders otherwise.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.117), 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

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