Summary Dissolution in Wisconsin

Wisconsin now has a form of summary dissolution. Under 2025 Wisconsin Act 40, enacted October 31, 2025, eligible couples can finalize their divorce without appearing for a final court hearing. The procedure is called Divorce by Affidavit or Final Hearing by Affidavit. It is codified at Wis. Stat. § 767.235(1)(b)^[1], and it represents the most significant procedural change to Wisconsin divorce in decades.

This is not California-style summary dissolution. The 120-day mandatory waiting period under Wis. Stat. § 767.335 still applies, marriage length is not capped, and couples with children, significant assets, or maintenance issues can use it. What it eliminates is the requirement that both spouses appear in court for the final hearing. For the right cases, that is a meaningful benefit — fewer days off work, no childcare scrambling, no courtroom stress, and a smoother end to the case.

The procedure has strict eligibility conditions. Most importantly, both spouses must be represented by counsel or have worked with a qualified lawyer-mediator. Pro se couples are not eligible. Both spouses must sign and file a complete stipulation, a stipulation for judgment upon affidavit, and a sworn affidavit that satisfies a detailed list of requirements set by the statute.

What 2025 Wisconsin Act 40 Changed

Before October 2025, every Wisconsin divorce required a final hearing where at least one spouse appeared in court and testified that the marriage was irretrievably broken. The judge then signed the divorce judgment. That hearing was usually short and uncontested in agreed cases, but it still required scheduling, time off work, and a courtroom appearance.

2025 Wisconsin Act 40^[2] amended several sections of Chapter 767 and created a new § 767.235(1)(b). The combined effect:

• Couples meeting strict eligibility conditions can finalize a divorce without any court hearing.
• The judgment can be entered based on the parties' signed stipulation, a stipulation for judgment upon affidavit, and a sworn affidavit covering all the matters the court would otherwise hear in person.
• The grounds for divorce — statement under oath that the marriage is irretrievably broken — can be satisfied by the affidavit instead of in-court testimony.
• The 120-day waiting period under § 767.335 remains in place. The reform eliminates the hearing, not the wait.

This is the closest Wisconsin equivalent to a true summary divorce procedure, and for couples who qualify, it is the simplest and least disruptive way to finalize a Wisconsin divorce.

Who Qualifies for Divorce by Affidavit in Wisconsin?

Section 767.235(1)(b) sets four primary conditions, and all four must be met. Missing any one disqualifies the case from the affidavit track and requires a traditional final hearing.

1. Counsel or Qualified Lawyer-Mediator Required

Both parties must be represented by counsel or must have worked with a lawyer-mediator who has special skills and training in dispute resolution, who is registered on the case, and who drafted and filed the parties' signed stipulation. Pro se couples are not eligible. The legislature deliberately built in a professional review requirement so that a Wisconsin judge can reasonably trust the contents of the affidavit without questioning the parties in person.

2. Court-Approved Stipulation Filed

All parties under § 767.205 must sign and file a court-approved stipulation under Wis. Stat. § 767.34^[4]. This is the marital settlement agreement that resolves property division, debt allocation, maintenance (alimony), and — if there are minor children — legal custody, physical placement, and child support. The stipulation must be complete; an unfinished agreement does not qualify.

3. Stipulation for Judgment Upon Affidavit Filed

Both parties must file a separate stipulation for judgment upon affidavit. This document is the parties' express request that the court enter the judgment using the affidavit procedure rather than holding a final hearing. It serves as the procedural trigger for the no-hearing path.

4. Sworn Affidavits Meeting Statutory Requirements

Both parties must submit sworn, notarized affidavits that satisfy a detailed list of requirements in § 767.235(1)(b)4. The statute lists requirements (a) through (m). Among the items the affidavit must include:

• Affirmation or amendment of the information contained in the divorce petition
• Affirmation that the residency requirements under § 767.301 are satisfied
• Affirmation that the marriage is irretrievably broken
• Affirmation that the parties have read and understood the stipulation
• Affirmation that the affidavit and supporting documents are true to the best of each party's knowledge
• Affirmation that financial disclosures under § 767.127 are accurate as of the date of signing
• Disclosure of any pending or completed cases involving interspousal battery or domestic abuse, including IDVA petitions under § 813.12, § 813.122, or § 813.125, and any criminal cases or substantial equivalents in state, tribal, or federal court
• Acknowledgment and understanding of the 6-month remarriage prohibition under § 765.03

The full list at § 767.235(1)(b)4(a)-(m) is more detailed; an attorney handling the matter walks each party through every requirement. The affidavits are sworn under penalty of perjury, so accuracy on every point matters.

The 120-Day Waiting Period Still Applies

This is the most common point of confusion about the new law. Wisconsin Act 40 amended Wis. Stat. § 767.335^[3] specifically to make clear that the 120-day waiting period applies to affidavit divorces too. The court cannot grant a divorce based on an affidavit until the 120 days has run from the filing of the joint petition or the service of the summons on the respondent.

That makes the realistic timeline for a Divorce by Affidavit roughly the same as a fully uncontested divorce with a hearing: about 4 to 6 months from filing to final judgment. What changes is the experience inside that timeline. The 120-day wait is used to draft the stipulation, the financial disclosures, the stipulation for judgment upon affidavit, and the affidavits. After day 120, the court can review the package and enter the judgment without scheduling a hearing.

The waiting period can be waived only under the narrow emergency exception in § 767.335(2) — to protect the health or safety of a spouse or child — and waivers are rarely granted.

How Divorce by Affidavit Compares to Other Wisconsin Divorce Paths

Wisconsin couples now have three meaningful procedural paths inside the same statutory framework.

Divorce by Affidavit (§ 767.235(1)(b))

• Hearing: none required
• Counsel/mediator: required for both parties
• Children: permitted
• Maintenance: permitted
• Asset cap: none
• 120-day waiting period: applies
• Best for: fully agreed cases where both parties want to skip the courtroom appearance

Joint Petition Uncontested Divorce (Traditional)

• Hearing: brief stipulated hearing required
• Counsel/mediator: not required
• Children: permitted
• Maintenance: permitted
• Asset cap: none
• 120-day waiting period: applies
• Best for: fully agreed cases where the parties are comfortable with a short courtroom appearance, especially pro se filers

Solo Petition (Contested or Uncontested)

• Hearing: required (final hearing or trial)
• Counsel/mediator: not required
• Children: permitted
• Maintenance: permitted
• Asset cap: none
• 120-day waiting period: applies
• Best for: cases where one spouse files first, where parties are not aligned on all issues, or where service is needed

How Wisconsin's Divorce by Affidavit Compares to True Summary Dissolution

Several states have streamlined procedures sometimes called summary dissolution. The Wisconsin reform is closer to those procedures than the prior law was, but it is not identical. The differences are worth understanding.

• California Summary Dissolution: limited to marriages under 5 years, no children, limited community property and debts, no spousal support requested. Wisconsin imposes none of these limits.
• Illinois Joint Simplified Dissolution (750 ILCS 5/452): limited to marriages under 8 years, no children, household income/property caps, no maintenance requested. Wisconsin imposes none of these limits.
• Wisconsin Divorce by Affidavit: no marriage-length cap, children permitted, maintenance permitted, no asset or income caps. The trade-off is the counsel/mediator requirement and the detailed affidavit.

Put another way: California and Illinois made the procedure available only for very simple cases. Wisconsin made it available for any agreed case but required professional involvement to ensure the agreement is sound. The result is a procedure that can be used by a wider range of couples, including those with children and significant assets, provided both parties have proper representation.

Sterling Lawyers' Approach to Divorce by Affidavit in Wisconsin

The new procedure is well-suited to fixed-fee work. The steps are defined: the stipulation, the financial disclosures, the stipulation for judgment upon affidavit, and the sworn affidavits. There is no contested hearing time to estimate. Sterling handles Divorce by Affidavit cases across Wisconsin on a fixed-fee basis, with the cost set before we start.

Every Divorce by Affidavit engagement starts with the same threshold question: are the parties truly aligned on every issue? The procedure does not create agreement; it documents it. If property division, debt allocation, maintenance, or parenting issues are still in motion, we tell you that and recommend resolving them before the affidavit path is appropriate. If the agreement is solid, we move efficiently through the stipulation, the affidavits, and the filing.

Because the statute requires both parties to be represented by counsel or to have worked with a qualified lawyer-mediator, Divorce by Affidavit is one of the few Wisconsin divorce paths where attorney involvement is structurally required. Sterling represents one party in many of these cases, and we coordinate professionally with the other side's counsel to keep the case moving.

Because we charge a fixed fee, you can call us, email us, and ask questions without watching a clock. You know the cost before you sign an engagement letter. And because Sterling handles exclusively family law, your case is worked by attorneys who live inside the Wisconsin Family Code every day.

What to Do Next

Divorce by Affidavit is new — most Wisconsin family law content online has not yet been updated to reflect the 2025 reform. If you and your spouse are aligned on every issue and want to skip the courtroom appearance, the next step is a consultation with counsel who handles these cases. For the broader picture of Wisconsin uncontested divorce, see Uncontested Divorce in Wisconsin. For the full Wisconsin divorce framework, see Divorce in Wisconsin.