767.35.Judgment of divorce or legal separation.
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 767.35
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. Section 247.37 (2) [now sub. (6)] does not authorize vacating or modifying a finding of paternity of children determined in the original divorce judgment. E. v. E., 57 Wis. 2d 436, 204 N.W.2d 503 (1973). Section 247.37 (2) [now sub. (6)] provides no authority for reopening a divorce judgment as it relates to a property division. Conrad v. Conrad, 92 Wis. 2d 407, 284 N.W.2d 674 (1979). The death of a party within six months of a divorce judgment did not void the judgment or divest the court of jurisdiction to order property division. Roeder v. Roeder, 103 Wis. 2d 411, 308 N.W.2d 904 (Ct. App. 1981). A divorce judgment did not bar a wife’s action against her former husband for torts allegedly committed during the marriage. Stuart v. Stuart, 143 Wis. 2d 347, 421 N.W.2d 505 (1988). If the requirements of s. 767.09 (2) [now sub. (5)] are met, conversion to a divorce decree is mandatory. Bartz v. Bartz, 153 Wis. 2d 756, 452 N.W.2d 160 (Ct. App. 1989). A judgment of legal separation does not terminate a marriage—only divorce proceedings do. There are rights and obligations remaining in the marriage after a legal separation. Although s. 766.01 (7) contemplates that the “dissolution” of a marriage may involve a judgment of legal separation, ch. 766 is not intended to change the law of divorce or other forms of dissolution under this chapter. Kemper Independence Insurance Co. v. Islami, 2021 WI 53, 397 Wis. 2d 394, 959 N.W.2d 912, 19-0488.
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 ss. 50, 92 (4); Stats. 1979 s. 767.07; 1987 a. 355; 1989 a. 132; 2005 a. 443 ss. 35, 36, 53, 172, 173, 174; Stats. 2005 s. 767.35; 2009 a. 180; 2021 a. 35, 204; 2025 a. 40.
Plain-English Summary
Three conditions must be met before the court grants the judgment: the residence and educational-programme requirements have been complied with; the court finds the marriage irretrievably broken (or, for a legal separation, that the marital relationship is broken); and, so far as it has jurisdiction, the court has considered and approved or made provision for legal custody and physical placement, the support of any child entitled to it, maintenance, and the disposition of property.
Where one party asks for a legal separation and the other asks for a divorce, the court hears and determines which judgment to grant. Otherwise a request for separation is granted as such.
The timing rule is the one people most need to hear. A judgment of divorce is effective when granted — and the court must tell the parties that it is, but that it remains unlawful for a party to marry again until 6 months after the judgment.
Three ways back. A legal separation judgment must provide that on a later reconciliation the parties may apply to revoke it. By stipulation, or on one party's motion not earlier than one year after entry, a legal separation converts to a divorce. And where divorced parties later remarry each other, the court on their joint application and proof of the marriage revokes the judgments and orders that will not affect the rights of third parties.
Finally, so far as a divorce judgment affects marital status, the court may vacate or modify it for sufficient cause on its own motion or on the application of both parties.
Frequently Asked Questions
When is a Wisconsin divorce final?
A judgment of divorce is effective when granted. The court must tell the parties that, and also that it is unlawful to marry again until 6 months after the judgment.
How soon can I remarry after a Wisconsin divorce?
Six months after the judgment is granted. Remarrying sooner is unlawful, even though the divorce itself is effective immediately.
Can a legal separation become a divorce?
Yes. By stipulation of both parties, or on the motion of either party not earlier than one year after entry of the legal separation judgment, the court converts it to a judgment of divorce.
What if we reconcile after a legal separation?
The judgment must provide that if a reconciliation occurs at any time afterwards, the parties may apply for a revocation of the judgment.
What if divorced spouses remarry each other?
On their joint application and satisfactory proof of the marriage, the court revokes all judgments and orders that will not affect the rights of third parties.