767.323.Suspension of proceedings to effect reconciliation.

Subch. IV: Annulment, Divorce, and Legal Separation · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.323 lets the court suspend a divorce or separation for up to 90 days on the parties' written stipulation that they want to try to reconcile.

Full Text of Section 767.323

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During the pendency of an action for divorce or legal separation, the court may, upon written stipulation of both parties that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such period, not exceeding 90 days, as the court determines advisable to permit the parties to attempt a reconciliation without prejudice to their respective rights. During the suspension period, the parties may resume living together as husband and wife and their acts and conduct do not constitute an admission that the marriage is not irretrievably broken or a waiver of the ground that the parties have voluntarily lived apart continuously for 12 months or more immediately prior to the commencement of the action. Suspension may be revoked upon the motion of either party by an order of the court. If the parties become reconciled, the court shall dismiss the action. If the parties are not reconciled after the period of suspension, the action shall proceed as though no reconciliation period was attempted.

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: 1971 c. 220; 1977 c. 105; 1979 c. 32 s. 50; Stats. 1979 s. 767.082; 2005 a. 443 s. 44; Stats. 2005 s. 767.323.

Plain-English Summary

A pause button, and it can only be pressed by both parties together. During the pendency of an action for divorce or legal separation, on the written stipulation of both parties that they desire to attempt a reconciliation, the court may enter an order suspending any and all orders and proceedings.

The suspension runs for the period the court determines advisable, and not exceeding 90 days. The case is not dismissed and nothing is given up; the clock simply stops while the parties try.

Frequently Asked Questions

Can a Wisconsin divorce be paused to try to reconcile?

Yes. On the written stipulation of both parties that they wish to attempt a reconciliation, the court may suspend any and all orders and proceedings.

How long can the suspension last?

For the period the court determines advisable, and not exceeding 90 days.

Can one party ask for it alone?

No. The section requires a written stipulation of both parties.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.323), 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: pause divorce to reconcile Wisconsin90 day suspension divorcereconciliation stipulation Wisconsin