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Bill

AB 938

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).

2025-2026 Regular Session

Wisconsin permits uncontested divorce final hearings conducted entirely by written affidavit, eliminating mandatory in-person court appearance requirements.

Published 3-28-2026
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Bill Summary · AB 938

Legislative bill overview

AB 938 allows Wisconsin couples to conduct their final divorce hearing entirely by written affidavit rather than requiring in-person court appearance. The bill creates an optional alternative procedure for uncontested dissolution of marriage cases, making the process more accessible and potentially reducing court scheduling burdens.

Why is this important

Divorce proceedings can be emotionally taxing and logistically difficult, especially for parties with work constraints, childcare obligations, or limited transportation. This change reduces barriers to finalizing uncontested divorces while maintaining judicial oversight through written documentation, potentially decreasing court docket congestion and legal costs for straightforward cases.

Potential points of contention

  • Judicial discretion concerns: Critics may worry that eliminating in-person hearings reduces judges' ability to assess whether parties truly understand divorce consequences or are signing under duress
  • Access equity: The affidavit process may disadvantage those lacking legal literacy or representation, who might not effectively communicate their circumstances in writing
  • Child welfare oversight: For cases involving minor children, some may argue that in-person hearings provide better safeguards that parenting plans genuinely serve children's interests rather than just parental convenience

Compiled from official sources — confirm details with the bill’s official record.

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