Stipulated Divorce Hearing
The information contained on this web page is provided as a courtesy to members of the public, and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service 800-362-9082 for additional assistance.
Stipulated Divorce / Legal Separation Hearing
Both parties are required to appear at the Stipulated Divorce/Legal Separation Hearing unless the Court orders otherwise. If a party wants to attend the hearing by telephone or video conference, he or she must make a written request to the Family Court Commissioner and send a copy to the other party. It is up to the Family Court Commissioner to allow a party to appear by phone or video conference. Any request to appear by phone or video must be done so at least fifteen (15) days prior to the scheduled hearing date. If the opposing party objects to this request, the party requesting must appear in person.
The Family Court Commissioner should have already reviewed the final divorce/legal separation documents completed by the parties. If final documents were not previously submitted to the Family Court Commissioner for review prior to this hearing, or there are deficiencies with the completed forms, the Family Court Commissioner may not proceed with the divorce / legal separation. If the paperwork is not completed, the Family Court Commissioner will discuss with the parties what is required for the divorce/legal separation to proceed and schedule the Stipulated Divorce/Legal Separation Hearing for a later date. This will allow parties time to complete the necessary forms and/or correct any deficiencies.
At the Stipulated Divorce / Legal Separation, each party will testify that the marriage is irretrievably broken. The parties' Financial Disclosure Statements and Marital Settlement Agreement will be reviewed. The Family Court Commissioner will use these documents as the basis for the judgment of divorce. A Stipulated Divorce / Legal Separation Hearing usually lasts approximately 30 minutes.
Should a party testify he/she is no longer in agreement with the terms of the Marital Settlement Agreement, a contested hearing may be scheduled before the circuit court judge.
Authenticated Copies of Final Divorce / Legal Separation Documents
The original divorce/legal separation documents will be filed with the Oconto County Clerk of Courts. A copy of the Findings of Fact, Conclusions of Law and Judgment and Marital Settlement Agreement will be mailed to each pro-se party upon a $10 copy fee being paid to the Oconto County Family Court Commissioner's Office. If a party has an attorney representing them in the divorce, that party should contact their attorney for copies of the final divorce documents.
The Findings of Fact, Conclusions of Law and Judgment and Marital Settlement Agreement should be kept in a safe place as you may be required to provide these documents to financial institutions, employers, health care providers, Social Security Administration, Department of Motor Vehicles, and other agencies upon their request.
Copies of family court documents may be requested from the Oconto County Clerk of Courts. Copies are $1.25 per page. An additional fee of $5 per document is charged for documents requiring certification.