​Dec. 8, 2025 – In the best of circumstances, the process of divorce is unpleasant, even for those pursuing separation. Recently, Governor Evers signed Act 40 into law, which would create a new path for certain parties seeking divorce in Wisconsin. This change will provide separating families with a less stressful and more streamlined approach to divorce, while providing relief to overburdened family courts.

Drafted by the State Bar of Wisconsin’s Family Law Section Board and introduced by Rep. Ron Tusler (R – Harrison) and Sen. Eric Wimberger (R – Oconto), this new law allows, in certain circumstances, parties to avoid appearing before a judge to finalize a divorce.

Previously, when parties sought a divorce, they were required to appear in court to finalize the dissolution. In the vast majority of cases, this final step was considered perfunctory, as all aspects of the divorce had been settled. This final in-person appearance before a judge is often a financial and emotional stressor to the parties, burdensome, and, in some cases, frightening.

In recognition of this, the Family Law Section Board sought a change in the law to create an optional path in the final phase of dissolution by allowing the court to grant a final judgment of divorce without the parties having to appear in court – a divorce by affidavit.

Conducting a final hearing by affidavit is not a new concept. During the pandemic, when courthouses were shut down, some counties experimented with this process and found it to be efficient, reducing the backlog in family courts. Parties who finalized their divorce in this manner also appreciated not having to take time off work, find transportation to the courthouse, arrange childcare, and, significantly, avoid paying attorney fees for the time spent in court. Additionally, and perhaps most meaningfully, parties cited reduced stress, knowing they would not have to go to court for their final hearing.

For Act 40 to apply, both parties will have to be represented by attorneys or work with an attorney mediator, complete affidavits attesting to information typically provided at a hearing, and disclose if they are involved in a domestic violence case, among other requirements.  The law also maintains judicial discretion by allowing a judge or commissioner to require the parties to appear in court if deemed necessary.

Giving parties the option to select how to proceed with a final hearing alleviates burdens on the court system and allows parties to decide what best suits their situation, resultin​​​g in a savings of time, money, and stress.

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