Wisconsin divorce statutes § 767.313 Annulment.
(1) Grounds; when suit may be brought. A court may annul a marriage upon any of the following grounds:
Wisconsin divorce statutes 767.313(1)(a) A party lacked capacity to consent to the marriage at the
time the marriage was solemnized, either because of age, because of mental incapacity or infirmity or because of the influence
of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress,
or by fraud involving the essentials of marriage. Suit may be brought by either party, or by the legal representative of
a party lacking the capacity to consent, no later than one year after the petitioner obtained knowledge of the described
condition.
Wisconsin divorce statutes 767.313(1)(b) (b) A party lacks the physical
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capacity to consummate the marriage by sexual intercourse, and
at the time the marriage was solemnized the other party did not know of the incapacity. Suit may be brought by either party
no later than one year after the petitioner obtained knowledge of the incapacity.
Wisconsin divorce statutes 767.313(1)(c) (c) A party was 16 or 17
years of age and did not have the consent of his or her parent or guardian or judicial approval, or a party was under 16
years of age. Suit may be brought by the under aged party or a parent or guardian at any time prior to the party's attaining
the age of 18 years, but a parent or guardian must bring suit within one year of obtaining knowledge of the marriage.
767.313(1)(d) (d) The marriage
is prohibited by the laws of this state. Suit may be brought by either party within 10 years of the marriage, except that
the 10-year limitation shall not apply where the marriage is prohibited because either party has another spouse living at
the time of the marriage and the impediment has not been removed under s.
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Wisconsin divorce statutes § 767.315 Grounds
for divorce and legal separation.
Wisconsin divorce statutes 767.315(1) Irretrievable breakdown.
(a) If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation
that the marriage is irretrievably broken, or if the parties have voluntarily lived apart continuously for 12 months or more
immediately prior to commencement of the action and one party has so stated, the court, after hearing, shall make a finding
that the marriage is irretrievably broken for purposes of s.
767.35 (1) (b) 1.
Wisconsin divorce statutes 767.315(1)(b) (b) If the parties to a legal separation or divorce action
have not voluntarily lived apart for at least 12 months immediately prior to commencement of the action and if only one party
has stated under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors,
including the circumstances that gave
rise to filing the petition and the prospect of reconciliation, and proceed as follows:
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Wisconsin divorce statutes 767.315(1)(b)1. 1.
If the court finds no reasonable prospect of reconciliation, it shall make a finding that the marriage is irretrievably broken
for purposes of. 767.35 (1) (b) 1.
Wisconsin divorce statutes 767.315(1)(b)2. 2. If the court finds that there is a reasonable prospect
of reconciliation, it shall continue the matter for further hearing not fewer than 30 nor more than 60 days later, or as
soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling.
The court, at the request of either party or on its own motion, may order counseling. At the adjourned hearing, if either
party states under oath or affirmation that the marriage is irretrievably broken, the court shall make a finding whether
the marriage is irretrievably broken for purposes of s.
767.35 (1) (b) 1.
Wisconsin divorce statutes 767.315(2) Breakdown of marital relationship. If both of the parties
to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marital relationship
is broken, the court, after hearing, shall make a finding that the marital relationship is broken for purposes of s.
767.35 (1) (b) 2.
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Wisconsin divorce statutes § 767.401 Educational
programs and classes.
767.401(1)(a) During the pendency of an action affecting the family in which a minor child is involved and
in which the court determines that it is appropriate and in the best interest of the child, the court, on its own motion,
may order the parties to attend a program specified by the court concerning the effects on a child of a dissolution of the
marriage. If the court orders the parties to attend a program under this paragraph and there is evidence that one or both
of the parties have engaged in interspousal battery, as described in s.
940.19 or 940.20
(1m), or domestic abuse, as defined in s.
813.12 (1) (am), the court may not require the parties to attend the program together or at the same time.
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Wisconsin divorce statutes 767.401(1)(c) A program
under par.
(a) or (b) shall
be educational rather than therapeutic in nature and may not exceed a total of 4 hours in length. The parties shall be responsible
for the cost, if any, of attendance at the program. The court may specifically assign responsibility for payment of any cost.
No facts or information obtained in the course of the program, and no report resulting from the program, is admissible in
any action or proceeding.
Wisconsin divorce statutes 767.401(1)(d) Notwithstanding s.
767.35 (1), the court may require the parties to an action affecting the family in which a minor child is involved to
attend a program under par.
(a) or (b) as
a condition to the granting of a final judgment or order in the action affecting the family.
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Wisconsin divorce statutes § 767.41 Child
custody and physical placement.
(a) Subject to ch.
822, the question of a child's custody may be determined as an incident of any action affecting the family or in an independent
action for custody. The effect of any determination of a child's custody is not binding personally against any parent or
guardian unless the parent or guardian has been made personally subject to the jurisdiction of the court in the action as
provided under ch.
801 or has been notified under s.
822.08, as provided in s.
822.06. Nothing in this chapter may be construed to foreclose a person other than a parent who has physical custody of
a child from proceeding under ch.
822.
Wisconsin divorce statutes767.41(1)(b) In rendering a judgment of annulment, divorce, legal separation, or paternity, or in rendering a
judgment in an action under s.
767.001 (1) (e), 767.501,
or 767.805
(3), the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement
of any minor child of the parties, as provided in this section.
Wisconsin divorce statutes 767.41(1m) Parenting plan. Unless the court orders
otherwise, in an action for annulment, divorce, or legal separation, an action to determine paternity, or an action under s.
767.001 (1) (e), 767.501,
or 767.805
(3), in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods
of physical placement shall file a parenting plan with the court if the court waives the requirement to attend mediation
under s.
767.405 (8) (b) or if the parties attend mediation and the mediator notifies the court under s.
767.405 (12) (b) that the parties have not reached an agreement. Unless the court orders otherwise, the parenting
plan shall be filed within 60 days after the court waives the mediation requirement or the mediator notifies the court that
no agreement has been reached. Except for cause shown, a party required to file a parenting plan under this subsection who
does not timely file a parenting plan waives the right to object to the other party's parenting plan. A parenting plan shall
provide information about the following questions:
Wisconsin divorce statutes 767.41(1m)(a) What legal custody or physical placement the parent is seeking.
767.41(1m)(b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is
evidence that the other parent engaged in interspousal battery, as described under s.
940.19 or 940.20
(1m), or domestic abuse, as defined in s.
813.12 (1) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is
not required to disclose the specific address but only a general description of where he or she currently lives and intends
to live during the next 2 years.
Wisconsin divorce statutes 767.41(1m)(c) Where the parent works and the hours of employment. If there
is evidence that the other parent engaged in interspousal battery, as described under s.
940.19 or 940.20
(1m), or domestic abuse, as defined in s.
813.12 (1) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is
not required to disclose the specific address but only a general description of where he or she works.
Wisconsin divorce statutes 767.41(1m)(d) Who will provide any necessary child care when the parent cannot
and who will pay for the child care.
767.41(1m)(e) Where the child will go to school.
767.41(1m)(f) What doctor or health care facility will provide medical care for the child.
767.41(1m)(g) How the child's medical expenses will be paid.
767.41(1m)(h) What the child's religious commitment will be, if any.
767.41(1m)(i) Who will make decisions about the child's education, medical care, choice of child care providers and extracurricular
activities.
767.41(1m)(j) How the holidays will be divided
767.41(1m)(k) What the child's summer schedule will be.
Wisconsin divorce statutes 767.41(1m)(L) Whether and how the child will be able to contact |
the other parent when the child has physical placement with the
parent providing the parenting plan, and what electronic communication, if any, the parent is seeking
Wisconsin divorce statutes 767.41(1m)(Lm) Whether equipment for providing electronic communication is
reasonably available to both parents.
Wisconsin divorce statutes 767.41(1m)(m) How the parent proposes to resolve disagreements related to matters
over which the court orders joint decision making.
Wisconsin divorce statutes 767.41(1m)(n) What child support, family support, maintenance or other income
transfer there will be.
Wisconsin divorce statutes 767.41(1m)(o) If there is evidence that either party engaged in interspousal
battery, as described under s.
940.19 or 940.20
(1m), or domestic abuse, as defined in s.
813.12 (1) (am), with respect to the other party, how the child will be transferred between the parties for the exercise
of physical placement to ensure the safety of the child and the parties.
Wisconsin divorce statutes 767.41(2) Custody to party; joint or sole.
Subject to pars.
(am) to (e),
based on the best interest of the child and after considering the factors under sub.
(5) (am), subject to sub.
(5) (bm), the court may give joint legal custody or sole legal custody of a minor child.
Wisconsin divorce statutes 767.41(2)(am) Except as provided in par.
(d), the court shall presume that joint legal custody is in the best interest of the child.
Wisconsin divorce statutes 767.41(2)(b) Except as provided in par.
(d) and subject to par.
(e), the court may give sole legal custody only if it finds that doing so is in the child's best interest and that either
of the following applies:
Wisconsin divorce statutes 767.41(2)(b)1. Both parties agree to sole legal custody with the same party.
Wisconsin divorce statutes 767.41(2)(b)2 The parties do not agree to sole legal custody with the same
party, but at least one party requests sole legal custody and the court specifically finds any of the following:
Wisconsin divorce statutes 767.41(2)(b)2.a. One party is not capable of performing parental duties and
responsibilities or does not wish to have an active role in raising the child
Wisconsin divorce statutes 767.41(2)(b)2.b. One or more conditions exist at that time that would substantially
interfere with the exercise of joint legal custody.
Wisconsin divorce statutes 767.41(2)(b)2.c. The parties will not be able to cooperate in the future decision
making required under an award of joint legal custody. In making this finding the court shall consider, along with any other
pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse,
as defined in s.
813.122 (1) (a), of the child, as defined in s.
48.02 (2), or evidence of interspousal battery, as described under s.
940.19 or 940.20
(1m), or domestic abuse, as defined in s.
813.12 (1) (am), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision
making required.
Wisconsin divorce statutes 767.41(2)(c) Except as provided in par.
(d), the court may not give sole legal custody to a parent who refuses to cooperate with the other parent if the court
finds that the refusal to cooperate is unreasonable.
Wisconsin divorce statutes 767.41(2)(d)1. Except as provided in subd.
4., if the court finds by a preponderance of the evidence that a party has engaged in a pattern or serious incident of
interspousal battery, as described under s.
940.19 or 940.20
(1m), or domestic abuse, as defined in s.
813.12 (1) (am), pars.
(am), (b),
and (c) do
not apply and there is a rebuttable presumption that it is detrimental to the child and contrary to the best interest of
the child to award joint or sole legal custody to that party. The presumption under this subdivision may be rebutted only
by a preponderance of evidence of all of the following:
Wisconsin divorce statutes 767.41(2)(d)1.a. The party who committed the battery or abuse has successfully
completed treatment for batterers provided through a certified treatment program or by a certified treatment provider and
is not abusing alcohol or any other drug.
Wisconsin divorce statutes 767.41(2)(d)1.b. It is in the best interest of the child for the party who
committed the battery or abuse to be awarded joint or sole legal custody based on a consideration of the factors under sub.
(5) (am).
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Wisconsin divorce statutes § 767.511 Child
support.
Wisconsin divorce statutes 767.511(1) When ordered. When the court approves a stipulation
for child support under s.
767.34, enters a judgment of annulment, divorce, or legal separation, or enters an order or a judgment in a paternity
action or in an action under s.
767.001 (1) (f) or (j), 767.501,
or 767.805
(3), the court shall do all of the following:
Wisconsin divorce statutes 767.511(1)(a) Order either or both parents to pay an amount reasonable or necessary
to fulfill a duty to support a child. The support amount must be expressed as a fixed sum unless the parties have stipulated
to expressing the amount as a percentage of the payer's income and the requirements under s.
767.34 (2) (am) 1. to 3. are
satisfied.
Wisconsin divorce statutes 767.511(1)(b) Ensure that the parties have stipulated which party, if either
is eligible, will claim each child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an
exemption for state income tax purposes under s.
71.07 (8) (b) or under the laws of another state. If the parties are unable to reach an agreement about the tax
exemption for each child, the court shall make the decision in accordance with state and federal tax laws. In making its
decision, the court shall consider whether the parent who is assigned responsibility for the child's health care expenses
under s.
767.513 is covered under a health insurance policy or plan, including a self-insured plan, that is not subject to s.
632.897 (10) and that conditions coverage of a dependent child on whether the child is claimed by the insured parent
as an exemption for purposes of federal or state income taxes.
Wisconsin divorce statutes 767.511(1)(c) In addition to ordering child support for
a child under par.
(a), assign as a support obligation responsibility for, and direct the manner of payment of, the child's health care
expenses under s.
767.513.
Wisconsin divorce statutes 767.511(1g) Consideration of financial information. In determining
child support payments, the court may consider all relevant financial information or other information
relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department
or the county child |
support agency under s. 59.53 (5).
Wisconsin divorce statutes 767.511(1j) Percentage
standard generally required. Except as provided in sub.
(1m), the court shall determine child support payments by using the percentage standard established by the department
under s.
49.22 (9).
Wisconsin divorce statutes 767.511(1m) Deviation from standard; factors. Upon request by a party,
the court may modify the amount of child support payments determined under sub.
(1j) if, after considering the following factors, the court finds by the greater weight of the credible evidence
that use of the percentage standard is unfair to the child or to any of the parties:
Wisconsin divorce statutes 767.511(1m)(a) The financial resources of the child.
(b) The financial resources of both parents
(bj) Maintenance received by either party.
(bp) The needs of each party in order to support himself or herself at a level equal to or greater than that established
under 42 USC 9902 (2).
(bz) The needs of any person, other than the child, whom either party is legally obligated to support.
(c) If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment,
divorce or legal separation.
(d) The desirability that the custodian remain in the home as a full-time parent.
(e) The cost of child care if the custodian works outside the home, or the value of custodial services performed by the custodian
if the custodian remains in the home.
(ej) The award of substantial periods of physical placement to both parents.
(em) Extraordinary travel expenses incurred in exercising the right to periods of physical placement under s.
767.41.
(f) The physical, mental, and emotional health needs of the child, including any costs for health insurance as provided for
under s.
767.513.
(g) The child's educational needs.
(h) The tax consequences to each party.
(hm) The best interests of the child.
(hs) The earning capacity of each parent, based on each parent's education, training and work experience and the availability
of work in or near the parent's community.
(i) Any other factors which the court in each case determines are relevant.
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Wisconsin divorce statutes § 767.56
Alimony. Spousal support. Maintenance.
Upon a judgment of annulment, divorce, or legal separation, or in rendering a judgment in an action under s.
767.001 (1) (g) or (j),
the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time after
considering:
(1) The length of the marriage.
(2) The age and physical and emotional health of the parties.
(3) The division of property made under s.
767.61.
(4) The educational level of each party at the time of marriage and at the time the action is commenced.
(5) The earning capacity of the party seeking maintenance, including educational background, training, employment skills,
work experience, length of absence from the job market, custodial responsibilities for children and the time and expense
necessary to acquire sufficient education or training to enable the party to find appropriate |
employment.
(6) The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably
comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal.
(7) The tax consequences to each party.
(8) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party
has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the
future, if the repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning
any arrangement for the financial support of the parties.
(9) The contribution by one party to the education, training or increased earning power of the other.
(10) Such other factors as the court may in each individual case determine to be relevant.
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Wisconsin divorce statutes § 767.481 Moving
the child's residence within or outside the state.
(1) Notice to other parent.
(a) If the court grants periods of physical placement to more than one parent, it shall order a parent with legal custody
of and physical placement rights to a child to provide not less than 60 days' written notice to the other parent, with a
copy to the court, of his or her intent to:
1. Establish his or her legal residence with the child at any location outside the state.
2. Establish his or her legal residence with the |
child at any location within this state that is at a distance of
150 miles or more from the other parent.
3. Remove the child from this state for more than 90 consecutive days.
(b) The parent shall send the notice under par.
(a) by certified mail. The notice shall state the parent's proposed action, including the specific date and location
of the move or specific beginning and ending dates and location of the removal, and that the other parent may object within
the time specified in sub.
(2) (a).
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Wisconsin divorce statutes § 767.225 Orders
during pendency of action.
(1) Temporary orders. Except as provided in ch.
822, in an action affecting the family the court may, during the pendency of the action, make just and reasonable temporary
orders concerning the following matters:
(a) Upon request of one party, granting legal custody of the minor children to the parties jointly, to one party solely,
or to a relative or agency specified under s.
767.41 (3), in a manner consistent with s.
767.41, except that the court may order sole legal custody without the agreement of the other party and without the findings
required under s.
767.41
(2) (b) 2. An order under this paragraph is not binding on a final custody determination.
(am) Upon the request of a party, granting periods of physical placement to a party in a manner consistent with s.
767.41. The court shall make a determination under this paragraph within 30 days after the request for a temporary order
regarding periods of physical placement is filed. (ap) Upon the request of a party, granting periods of electronic
communication to a party in a manner consistent with s.
767.41. The court or circuit court commissioner shall make a determination under this paragraph within 30 days after
the request for a temporary order regarding periods of electronic communication is filed.
(b) Notwithstanding ss.
767.117 (1) (c) and 767.215
(2) (j), prohibiting the removal of minor children from the jurisdiction of the court.
(bm) Allowing a party to move with or remove a |
child after a notice of objection has been filed under s.
767.481 (2) (a).
(c) Subject to s.
767.85, requiring either party or both parties to make payments for the support of minor children, which payment amounts
must be expressed as a fixed sum unless the parties have stipulated to expressing the amount as a percentage of the payer's
income and the requirements under s.
767.34 (2) (am) 1. to 3. are
satisfied.
(d) Requiring either party to pay for the maintenance of the other party. Maintenance under this paragraph may include the
expenses and attorney fees incurred by the other party in bringing or responding to the action affecting the family.
(e) Requiring either party to pay family support under s.
767.531.
(f) Requiring either party to execute an assignment of income under s.
767.75 or an authorization for transfer under s.
767.76.
(g) Requiring either party or both parties to pay debts or perform other actions in relation to the persons or property of
the parties.
(h) Notwithstanding ss.
767.117 (1) (b) and 767.215
(2) (i), prohibiting either party from disposing of assets within the jurisdiction of the court.
(i) Requiring counseling of either party or both parties.
(k) Subject to s.
767.85, requiring either party or both parties to maintain minor children as beneficiaries on a health insurance policy
or plan.
(L) Requiring either party or both parties to execute an assignment of income for payment of health care expenses of minor
children.
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The Wisconsin
code that
appears here may not include all provisions of Family Law. Redacting of the code has occurred. You should consult the WI
code or a Wisconsin divorce attorney.
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