Stipulated Divorce/Legal Separation Hearings

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 Pre-Trial Conference

Both parties are required to appear at the Stipulated Divorce/Legal Separation Pre-Trial Conference unless the Court orders otherwise. A Stipulated Divorce Pre-Trial Conference usually lasts approximately 30-60 minutes.

If a party wishes to attend the hearing by telephone or video conference, they must make a written request to the Family Court Commissioner and send a copy to the other party at least fifteen (15) days prior to the scheduled hearing date. It is up to the Family Court Commissioner to allow a party to appear by phone or video conference. If the opposing party objects, the requesting party must appear in person. 

At the Pre-Trial Conference, the Family Court Commissioner will review the final paperwork pro se parties submit at the hearing or that counsel has e-Filed prior to the hearing. If the Family Court Commissioner finds the necessary documents are completed, signed and require minimal to no corrections, approval will be given and the hearing will proceed to a Stipulated Divorce/Legal Separation Hearing.

If the paperwork is not complete or the Family Court Commissioner determines there is additional information and/or corrections needed, a Stipulated Divorce/Legal Separation Hearing will be scheduled for a later date. Pro se parties are to make corrections and additions to their paperwork as directed by the Family Court Commissioner and submit at the next hearing for review. Counsel of represented parties are to submit corrected documents via e-Filing.

Stipulated Divorce/Legal Separation Hearing

Both parties are required to attend the Stipulated Divorce/Legal Separation Hearing unless the Court orders otherwise. A Stipulated Divorce/Legal Separation Hearing usually lasts approximately 30 minutes. 

If a party wants to attend the hearing by telephone or video conference, they 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, the party requesting must appear in person. 

At the Stipulated Divorce/Legal Separation Hearing, the Family Court Commissioner will review corrected final documents brought to the hearing by pro se parties or submitted electronically prior to the hearing by counsel. If approval is given by the Family Court Commissioner, the Stipulated Divorce/Legal Separation Hearing will proceed. 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. 

Should a party testify they are 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.