767.264.Dismissal; vacation; substitution or withdrawal of attorney.
Subch. III: General Procedure · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
Full Text of Section 767.264
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: 2005 Wis. Act 443 contains explanatory notes. Sub. (3) (a) [now sub. (2) (a)] is strictly construed to apply to those situations expressly set forth in the statute, such as orders for dismissal, substitution of attorneys, and vacation of judgments, in actions affecting families. In other cases an action to recover legal fees may be instituted. Kotecki & Radtke, S.C. v. Johnson, 192 Wis. 2d 429, 531 N.W.2d 606 (Ct. App. 1995). The only reasonable meaning of sub. (3) (a) [now sub. (2) (a)] is that it gives the court authority to enter a judgment for the fees owed by the client to an attorney who is permitted by order of the court to withdraw, regardless when or if the client retains another attorney to replace the withdrawing attorney in that action. Kohl v. DeWitt Ross & Stevens, 2005 WI App 196, 287 Wis. 2d 289, 704 N.W.2d 586, 04-0328. The Federal Tax Consequences of Divorce. Meldman & Ryan. 57 MLR 229 (1974).
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. 33, 92, 114.
Plain-English Summary
A voluntary dismissal cannot be used to end a family action quietly. It may not happen unless all the parties who have appeared have been served with a copy of the notice of dismissal and have had an opportunity to file a responsive pleading or motion.
Two interests are protected when the court dismisses, substitutes or allows withdrawal of an attorney, or vacates a judgment. First, the court must grant separate judgment in favour of an attorney who has appeared, for the amounts owing to them — before or in the order itself, not afterwards. Second, on a dismissal or vacation the court must preserve the right of the state or a political subdivision to collect any arrears.
Both are about the same thing: a case that stops does not erase what was already earned or already owed.
Frequently Asked Questions
Can my spouse dismiss the divorce without telling me?
No. An action affecting the family may not be dismissed unless all parties who have appeared have been served with a copy of the notice of dismissal and have had an opportunity to file a responsive pleading or motion.
What happens to my lawyer's unpaid fees if the case is dismissed?
The court must, before or in its order, grant separate judgment in favour of an attorney who has appeared for the amounts owing.
Does dismissal wipe out support arrears?
No. On a dismissal or a vacation of judgment the court must preserve the right of the state or a political subdivision to collect any arrearages.