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Bill

SB 917

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 bill allowing divorce final hearings by written affidavit instead of in-person court appearance to reduce costs and judicial burden.

Failed to pass pursuant to Senate Joint Resolution 1
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Bill Summary · SB 917

Legislative bill overview

SB 917 would allow married couples seeking divorce in Wisconsin to conduct their final hearing entirely by written affidavit rather than requiring an in-person court appearance. This is positioned as a procedural modernization measure recommended by the state's judicial administration office to streamline uncontested dissolution proceedings.

Why is this important

Divorce proceedings can be time-consuming and costly for both parties, particularly when cases are uncontested. Allowing affidavit-based final hearings could reduce court docket burden, lower legal expenses for separating spouses, and provide flexibility for parties with scheduling constraints or those living far from courthouses. However, this also raises questions about judicial oversight and the presumed finality of marriage dissolution.

Potential points of contention

  • Judicial oversight concerns: Critics may argue that allowing divorces to proceed entirely on paper weakens judicial review and verification that parties understand the dissolution's implications, particularly regarding asset division and child custody arrangements.
  • Access equity: While potentially beneficial for affluent parties who can afford attorneys to draft affidavits, this could disadvantage self-represented litigants unfamiliar with legal requirements, creating a two-tiered process.
  • Safeguards for vulnerable parties: Advocates may worry the process lacks adequate protections against coerced or fraudulent dissolutions, especially in cases involving domestic abuse dynamics or significant power imbalances between spouses.

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

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