767.205.Parties; title of actions.

Subch. III: General Procedure · Last amended 2007 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.205 renames the parties petitioner and respondent, says when the state is a real party in interest, and fixes the title each kind of family action carries.

Full Text of Section 767.205

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(1) PARTIES. The party initiating an action affecting the family is the petitioner. The party responding to the action is the respondent. All references to “plaintiff” in chs. 801 to 807 apply to the petitioner, and all references to “defendant” in chs. 801 to 807 apply to the respondent. Both parties may initiate the petition together by signing and filing a joint petition. The parties to a joint petition are joint petitioners. The parties to a joint petition shall state in the petition that both parties consent to personal jurisdiction and waive service of summons.

(2) WHEN THE STATE IS A REAL PARTY IN INTEREST.

(a) The state is a real party in interest within the meaning of s. 803.01 for purposes of establishing paternity, securing reimbursement of aid paid, future support and costs as appropriate in an action affecting the family in any of the following circumstances:

1. An action to establish paternity whenever there is a completed application for legal services filed with the child support program under s. 49.22 or whenever s. 767.80 (6m) or (6r) applies.

2. An action to establish or enforce a child support or maintenance obligation whenever there is a completed application for legal services filed with the child support program under s. 49.22.

3. Whenever aid under s. 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to the child’s custodial parent under ss. 49.141 to 49.161.

4. Whenever aid under s. 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 has, in the past, been provided on behalf of a dependent child, or benefits have, in the past, been provided to the child’s custodial parent under ss. 49.141 to 49.161, and the child’s family is eligible for continuing child support services under 45 CFR 302.33.

(b)

1. Except as provided in subd. 2., in any action affecting the family under a child support enforcement program, an attorney acting under s. 49.22 or 59.53 (5), including any district attorney or corporation counsel, represents only the state. Child support services provided by an attorney as specified in par. (a) do not create an attorney-client relationship with any other party.

2. Subdivision 1. does not apply to an attorney who is employed by the department under s. 49.22 or a county under s. 59.53 (5) or (6) (a) to act as the guardian ad litem of the minor child for the purpose of establishing paternity.

(3) TITLE OF ACTIONS. An action affecting the family described in s. 767.001 (1) (a) to (d) or (g) to (k) shall be entitled “In re the marriage of A.B. and C.D.”, except that an independent action for visitation under s. 767.43 (3) shall be entitled “In re visitation with A. B.”. An action affecting the family described in s. 767.001 (1) (f) or (m) shall be entitled “In re the support of A.B.”. A child custody action shall be entitled “In re the custody of A.B.”.

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. 418; 1979 c. 32 s. 50; 1979 c. 352 s. 39; Stats. 1979 s. 767.075; 1983 a. 27 s. 2202 (57); 1987 a. 413; 1989 a. 31; 1993 a. 326, 481; 1995 a. 27 s. 9126 (19); 1995 a. 201, 275, 289, 404; 1997 a. 35, 105; 2005 a. 443 ss. 30, 32, 37, 81; 2007 a. 20.

Plain-English Summary

Family actions use their own vocabulary. The party initiating is the petitioner, the party responding is the respondent, and every reference to a plaintiff or a defendant in the civil procedure chapters is read accordingly. Both parties may petition together.

The middle of the section deals with the state's role in support cases. The state is a real party in interest for establishing paternity and for securing reimbursement of aid paid, future support and costs, in the circumstances the section lists.

One sentence there is worth reading twice: in an action under a child support enforcement program, an attorney acting for the agency — including a district attorney or corporation counsel — represents only the state. Child support services do not create an attorney-client relationship with a party. Parents often assume the support agency's lawyer is their lawyer. This section says plainly that they are not.

Finally, the caption. Most actions are entitled “In re the marriage of A.B. and C.D.”; an independent action for visitation is entitled “In re visitation with A. B.”

Frequently Asked Questions

What are the parties called in a Wisconsin divorce?

The party initiating the action is the petitioner and the party responding is the respondent. References to plaintiff and defendant in chapters 801 to 807 are read as petitioner and respondent.

Is the child support agency's lawyer my lawyer?

No. In an action under a child support enforcement program, an attorney acting for the agency represents only the state, and providing child support services does not create an attorney-client relationship with a party.

How is a Wisconsin divorce case captioned?

“In re the marriage of A.B. and C.D.” An independent action for visitation is entitled “In re visitation with A. B.”

When is the state a party to my family case?

Where paternity is to be established, or reimbursement of aid paid, future support and costs are to be secured, in the circumstances this section lists.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.205), 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: petitioner respondent Wisconsin divorcechild support agency attorney represents stateIn re the marriage of captionstate real party in interest