767.335.Waiting period for final hearing or trial.

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

In one sentenceSection 767.335 imposes a 120-day waiting period before a divorce or legal separation can be brought to final hearing, unless the court orders an immediate hearing for safety or other emergency reasons.

Full Text of Section 767.335

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An action for divorce or legal separation may not be brought to final hearing or trial or granted based on an affidavit under s. 767.235 (1) (b) until the first of the following occurs:

(1) GENERALLY. The expiration of 120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of the joint petition.

(2) EMERGENCY. An order by the court, after consideration of the recommendation of a circuit court commissioner, directing an immediate hearing on the petition for the protection of the health or safety of either of the parties or of any child of the marriage or for other emergency reasons consistent with the policies of this chapter. The court shall, upon granting the order, specify the grounds for the order.

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. 105; 1979 c. 32 ss. 50, 92 (4); 1979 c. 196; Stats. 1979 s. 767.083; 1987 a. 355; 2001 a. 61; 2005 a. 443 s. 45; Stats. 2005 s. 767.335; 2025 a. 40.

Plain-English Summary

Wisconsin makes couples wait. An action for divorce or legal separation may not be brought to final hearing or trial, or granted on the affidavit route, until the expiration of 120 days after service of the summons and petition on the respondent — or 120 days after the joint petition was filed.

There is one way out, and it is narrow. The court may order an immediate hearing, after considering the recommendation of a circuit court commissioner, for the protection of the health or safety of either party or of any child of the marriage, or for other emergency reasons.

The waiting period is not a cooling-off suggestion. It is a bar on the final hearing, so the case can be prepared and temporary orders made, but not finished, before it runs.

Frequently Asked Questions

How long does a Wisconsin divorce take at minimum?

At least 120 days — measured from service of the summons and petition on the respondent, or from the filing of a joint petition.

Can the 120-day wait be shortened?

Only by an order of the court, after considering the recommendation of a circuit court commissioner, for the protection of the health or safety of a party or a child, or for other emergency reasons.

Can anything happen during the waiting period?

Yes. The bar is on bringing the action to final hearing or trial. Temporary orders under Section 767.225 and the rest of the case go ahead.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.335), 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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