767.333.Initial orders based on stipulation prior to judgment.
Subch. IV: Annulment, Divorce, and Legal Separation · Last amended 2025 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
Full Text of Section 767.333
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: 2021 a. 204; 2025 a. 24 s. 93.
Plain-English Summary
Added in 2021, this section fills a gap. Parties often reach agreement long before the divorce is finished, and previously the agreement had to wait for the judgment or live as a temporary order. Now it can be entered as an initial order.
The distinction matters for modification. Where the judge approves a stipulation on custody or placement, the terms are entered as an initial order — and the clock for modification runs from the date the order is entered, not from the date of judgment. Before entering it, the judge must comply with the requirements of the custody section; where support, maintenance or property division is stipulated, the judge must comply with the requirements of the corresponding section, and a party later seeking modification or relief must go through the ordinary route.
Domestic violence is expressly on the judge's mind. If the judge finds a parent has engaged in a pattern or serious incident of interspousal battery or domestic abuse, the safety and well-being of the child and of the abused party govern.
A hearing on the record is required before the stipulation is entered, with both parties and the child support agency if it is a party, to establish that the parties understand the stipulation and intend it as the initial order. It may be held by telephone, video or electronic means; a party or attorney may appear remotely for good cause, but each party must attend one way or another.
Frequently Asked Questions
Can we agree custody before the Wisconsin divorce is final?
Yes. Before judgment the parties may agree on physical placement, legal custody, child support, property division, maintenance or related provisions, and the judge may enter the terms as an initial order.
When does the modification clock start?
On the date the order is entered, not the date of judgment, for the purposes of the modification section.
Is a hearing required?
Yes. The judge must hold a hearing on the record with both parties, and the child support agency if it is a party, to determine their understanding of the stipulation and that they intend it as the initial order.
Can the hearing be remote?
It may be held by telephone, video or electronic means. A party or attorney may appear remotely for good cause, but each party must attend by telephone, video, electronic means or in person.
What if there has been domestic abuse?
If the judge finds a parent has engaged in a pattern or serious incident of interspousal battery or domestic abuse, the safety and well-being of the child and of the abused party govern.