This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-4323/1
SWB:wlj
2021 - 2022 LEGISLATURE
October 21, 2021 - Introduced by Representatives J. Rodriguez, Snyder, Doyle,
Billings, Cabrera, Dittrich, Duchow, Kuglitsch, Tusler and Sinicki,
cosponsored by Senators Ballweg, Marklein, Johnson and Roys. Referred to
Committee on Family Law.
AB634,1,2 1An Act to amend 757.69 (1) (p) 1. of the statutes; relating to: allowing a court
2commissioner to address stipulated final legal separation hearings.
Analysis by the Legislative Reference Bureau
This bill extends the authority of a court commissioner to preside over a final
hearing in an action for legal separation under certain circumstances. Under current
law, a court commissioner may preside over a final hearing to determine whether a
judgment of divorce will be granted if both parties to the action state that the
marriage is irretrievably broken and that the parties have resolved all material
issues or if one party does not participate in the divorce action. This bill extends that
authority to actions for legal separation. Under the bill, the court commissioner may
preside over a final hearing to determine if a judgment of legal separation will be
granted if both parties to the action state that the marital relationship is broken and
that the parties have resolved all material issues. The court commissioner may also
preside over any hearing held to determine whether a judgment of legal separation
will be granted when one party does not participate in the action. Under current law,
a court commissioner may proceed to grant and enter judgment in an action for
divorce over which the commissioner has presided unless the commissioner does not
approve of an agreement between the parties on material issues. Under the bill, a
court commissioner may exercise that same authority in an action for legal
separation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB634,1
1Section 1. 757.69 (1) (p) 1. of the statutes is amended to read:
AB634,2,152 757.69 (1) (p) 1. Preside at any hearing held to determine whether a judgment
3of divorce or legal separation shall be granted , if both parties to a divorce action state
4that the marriage is irretrievably broken, or if both parties to a legal separation
5action state that the marital relationship is broken,
and that all material issues,
6including but not limited to division of property or estate, legal custody, physical
7placement, child support, spousal maintenance and family support, are resolved or.
8A court commissioner may also preside at any hearing held to determine whether a
9judgment of divorce or legal separation shall be granted
if one party does not
10participate in the action for divorce or legal separation. A circuit court commissioner
11may grant and enter judgment in any action over which he or she presides under this
12subdivision unless the judgment modifies an agreement between the parties on
13material issues. If the circuit court commissioner does not approve an agreement
14between the parties on material issues, the action shall be certified to the court for
15trial.
AB634,2,1616 (End)
Loading...
Loading...