Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB938

Introduced
1/28/26  
Refer
1/28/26  
Engrossed
2/10/26  
Refer
2/11/26  
Enrolled
3/19/26  
Chaptered
3/27/26  

Caption

An Act to amend 767.235 (1) (b) 4. L. of the statutes; Relating to: an optional final hearing by affidavit for the dissolution of a marriage (suggested as remedial legislation by the Office of the Director of State Courts).

Impact

The implementation of AB938 is expected to make minor yet significant changes to existing statutes regarding marriage dissolution. Specifically, it amends section 767.235 of the Wisconsin statutes to include an affidavit process that confirms whether any pending or completed court cases involving interspousal battery or domestic abuse exist. By addressing these serious issues within the affidavit, the bill seeks to ensure that the safety of individuals is prioritized while still providing a simplified route to divorce.

Summary

AB938, known as the Optional Final Hearing by Affidavit for the Dissolution of a Marriage, is a piece of remedial legislation proposed by the Office of the Director of State Courts in Wisconsin. The bill seeks to streamline the process of marriage dissolution by allowing certain cases to be concluded via affidavit instead of requiring a final court hearing. This aims to simplify proceedings in uncontested divorce cases, especially in situations where both parties agree on the terms of their separation, thereby reducing the backlog in family courts and saving time for the judiciary and the involved parties.

Sentiment

The general sentiment among legislative discussions regarding AB938 appears to be positive, with support for improving court efficiency and responsiveness to the needs of separating couples. However, concerns have been raised about ensuring that the process does not inadvertently overlook cases involving domestic abuse. The Office of the Director of State Courts has emphasized the importance of maintaining safeguards within this expedited process, indicating a balanced approach to reforming divorce proceedings.

Contention

One notable point of contention surrounding AB938 is the potential risk of minimizing judicial oversight in sensitive cases, particularly where there may be indicators of domestic violence. Critics are cautious about simplifying proceedings without enough protective measures to safeguard victims, emphasizing the need for thorough checks to prevent any abuses of the process. The bill is designed to refine existing laws, yet the dialogue continues on how best to balance efficiency with the necessary oversight to protect vulnerable individuals in marriage dissolution scenarios.

Companion Bills

WI SB917

Crossfiled An optional final hearing by affidavit for the dissolution of a marriage (suggested as remedial legislation by the Office of the Director of State Courts).

Previously Filed As

WI SB917

An optional final hearing by affidavit for the dissolution of a marriage (suggested as remedial legislation by the Office of the Director of State Courts).

WI SB189

An optional final hearing by affidavit for the dissolution of a marriage.

WI AB189

An optional final hearing by affidavit for the dissolution of a marriage.

WI AB928

Required livestock premises activities (suggested as remedial legislation by the Department of Agriculture, Trade and Consumer Protection).

WI SB907

Required livestock premises activities (suggested as remedial legislation by the Department of Agriculture, Trade and Consumer Protection).

WI HB2732

Marriage; dissolution; Oklahoma Bar Association; standard forms; Administrative Office of the Courts; access; effective date.

WI HB2732

Marriage; dissolution; Oklahoma Bar Association; standard forms; Administrative Office of the Courts; access; effective date.

WI HB4063

Public employees and officers: ethics; certain former officers of the executive branch of state government; prohibit from engaging in certain lobbying activities for a period of time. Amends 1978 PA 472 (MCL 4.411 - 4.431) by adding sec. 6b.

WI AB930

Correcting a cross-reference related to enforcement of regulations applicable to earned wage access service providers (suggested as remedial legislation by the Department of Financial Institutions).

WI HB549

AN ACT relating to the dissolution of marriage.

Similar Bills

No similar bills found.