767.235.Trial or hearing on judgment.

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

In one sentenceSection 767.235 requires hearings and trials to be before the court and both parties to appear, allows a divorce without a hearing where strict conditions are met, and lets the court clear the courtroom.

Full Text of Section 767.235

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(1) BEFORE COURT.

(a) In an action affecting the family, all hearings and trials to determine whether judgment shall be granted, except hearings under s. 757.69 (1) (p) 3., shall be before the court. Testimony shall be taken by the reporter and shall be transcribed and filed with the record if so ordered by the court. Custody proceedings have priority in being set for hearing.

(b) Notwithstanding par. (a), a judgment of divorce or legal separation under s. 767.35 may be granted without a hearing before the court if all of the following conditions are met:

1. Both parties named in the action are represented by counsel or have worked with a lawyer mediator with special skills and training in dispute resolution who is registered on the case and who drafted and filed the parties’ signed stipulation under s. 767.34.

2. All parties under s. 767.205 have signed and filed a court-approved stipulation under s. 767.34.

3. Both parties have filed a stipulation for judgment upon affidavit.

4. Both parties have submitted an affidavit that meets all of the following requirements:

a. The affidavit affirms or amends, if necessary, the information contained in the petition under s. 767.215 (2).

b. The affidavit affirms the residency requirements under s. 767.301.

c. The affidavit asserts that the conditions under s. 767.35 (1) have been met.

d. The affidavit states whether either party is a member of the armed forces of the United States or its allies.

e. The affidavit states whether either party is receiving public assistance.

f. The affidavit affirms that both parties made the disclosures required under s. 767.127.

g. The affidavit affirms that both parties understood the terms of and entered freely into any stipulation filed under s. 767.34.

h. The affidavit requests that the court incorporate any stipulation filed under s. 767.34 into the judgment.

i. The affidavit waives the right to a hearing in person before a court under par. (a) and s. 767.315.

j. The affidavit states that both parties understand the requirements under s. 767.35 (3).

k. The affidavit states whether either party requests to resume a former legal surname, if any, under s. 767.395.

L. The affidavit states whether the parties were involved in any pending or completed court cases in any jurisdiction where interspousal battery or domestic abuse, as defined in s. 813.12 (1) (am), are indicated, including petitions under s. 813.12, 813.122, or 813.125 or criminal cases alleging conduct under s. 940.60 or 940.61 (1) or s. 940.19, 2023 stats., or s. 940.20 (1m), 2023 stats., or their substantial equivalents in state, tribal, or federal court.

m. The affidavit states that both parties acknowledge and understand the prohibition on remarriage under s. 765.03.

(2) APPEARANCE OF LITIGANTS. Except as provided under sub. (1) (b), or unless nonresidence in the state is shown by competent evidence, service is by publication, or the court for other good cause orders otherwise, both parties in actions affecting the family shall appear upon the final hearing or trial. An order of the court to that effect shall be procured by the moving party, and shall be served upon the nonmoving party before the hearing or trial. No order is required in the case of a joint petition.

(3) EXCLUSION FROM COURTROOM. The court may on its own motion, or on motion of any party to an action affecting the family, exclude from the courtroom all persons other than the parties, their attorneys and any guardians ad litem.

End

Official Notes

Wisconsin prints certain labelled notes with the statute — effective-date notes, cross-references, and notes of the Judicial Council. They are reproduced verbatim below. The unlabelled digest of court decisions that the Legislative Reference Bureau prints after them is annotation rather than statute, and is not reproduced.

NOTE: Subd. 4. L. is shown as amended by 2025 Wis. Acts 127 and 140 and as merged by the legislative reference bureau under s. 13.92 (2) (i).

NOTE: 2005 Wis. Act 443 contains explanatory notes.

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: 2005 a. 443 ss. 65, 67, 77, 93; 2025 a. 40, 127, 140; s. 13.92 (2) (i).

Plain-English Summary

The default is a hearing before the court, with testimony taken by the reporter and transcribed if the court so orders. Custody proceedings have priority in being set for hearing.

There is now an exception, and it is tightly drawn. A judgment of divorce or legal separation may be granted without a hearing if every condition is met — both parties represented by counsel, or having worked with a lawyer mediator with special skills and training in dispute resolution who is registered on the case and who drafted and filed the parties' signed stipulation, along with the further conditions the subsection lists, including an affidavit acknowledging the prohibition on remarriage.

Otherwise both parties must appear at the final hearing or trial, unless non-residence is shown by competent evidence, service was by publication, or the court for other good cause orders otherwise. The court may make an order to that effect.

Privacy is available on request or on the court's own motion: it may exclude from the courtroom everyone other than the parties, their attorneys and any guardians ad litem.

Frequently Asked Questions

Can I get divorced in Wisconsin without going to court?

Only if every condition in this section is met, including that both parties are represented by counsel or have worked with a qualified lawyer mediator registered on the case who drafted and filed their signed stipulation.

Do both spouses have to attend the final hearing?

Yes, unless the no-hearing exception applies, non-residence is shown by competent evidence, service was by publication, or the court for other good cause orders otherwise.

Can the courtroom be cleared?

Yes. On its own motion or a party's, the court may exclude everyone other than the parties, their attorneys and any guardians ad litem.

Do custody cases get heard sooner?

The section says custody proceedings have priority in being set for hearing.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.235), 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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