Public-domain · open source

Wis. Stat. § 767.335

Waiting period for final hearing or trial

Applied in 1 court decision — leading case Appling v. Doyle (2012)

Most recently applied in Appling v. Doyle (December 2012)

1977 c. 105; 1979 c. 32 ss. 50, 92 (4); 1979 c. 196; Stats. 1979 s. 767.083; 1987 a. 355; 2001 a. 61; 2005 a. 443 s. 45; Stats. 2005 s. 767.335; 2025 a. 40.

An action for divorce or legal separation may not be brought to final hearing or trial or granted based on an affidavit under s. 767.235 (1)

(b) until the first of the following occurs:

(1) GENERALLY. The expiration of 120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of the joint petition.

(2) EMERGENCY. An order by the court, after consideration of the recommendation of a circuit court commissioner, directing an immediate hearing on the petition for the protection of the health or safety of either of the parties or of any child of the marriage or for other emergency reasons consistent with the policies of this chapter. The court shall, upon granting the order, specify the grounds for the order.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.