Filed for Divorce but Want to Reconcile in Wisconsin?

If you have already filed for divorce but are considering a reconciliation, Wisconsin law provides a specific path to pause your legal case without losing your progress or your filing fees. Instead of immediately dismissing your action, you can use a legal “safety harbor” that allows you to test the reconciliation while keeping your rights protected.

Suspension to Effect Reconciliation (Form FA-4144V)

The most effective way to pause a case is through a Stipulation and Order Suspending Proceedings to Effect Reconciliation (Form FA-4144V). Under Wisconsin Statute § 767.323, this filing allows the court to suspend the divorce for up to 90 days. During this 90-day suspension, cohabitation is protected; you may resume living together without it being considered a waiver of your grounds for divorce or an admission that the marriage is not irretrievably broken. Additionally, most temporary orders are suspended, and you save costs by avoiding new filing fees or restarting the 120-day waiting period if the reconciliation does not work out.

Reconcile Differences in Divorce: Steps to Take

If you and your spouse decide to reconcile differences in divorce, you generally follow this three-step process:

• Pause the Case: File the FA-4144V form with the court. Both spouses must sign this stipulation to trigger the 90-day pause.
• The Reconciliation Period: Use this time for counseling or trial cohabitation. If at any point the reconciliation fails during these 90 days, either party can file a Motion and Order to Terminate Suspension (Form FA-4145V) to resume the divorce immediately from where it left off.
• Permanent Dismissal: If the 90-day period is successful and you wish to end the legal proceedings permanently, you can file a Stipulation and Order to Dismiss (Form FA-4143V).

How to Effect a Reconciliation After a Final Judgment

Even if your divorce is already finalized, you can still effect a reconciliation of the marriage legally. Under Wis. Stat. § 767.35(7), if a judgment of divorce has been granted and the parties later intermarry, the court can revoke the previous divorce judgment. This requires a joint application and proof of the new marriage, provided that the rights of third persons (such as creditors or new dependents) are not affected.

Protect Your Legal Interests During Reconciliation

Choosing to reconcile is a significant emotional step, but it should be done with a clear understanding of your legal standing. Using a 90-day suspension instead of an immediate dismissal protects you from having to refile and pay additional attorney fees and court costs should the attempt fail. If you have questions about how to file for a suspension or need help with the necessary court forms, contact the family law attorneys at Karp & Iancu, S.C. for an initial consultation to ensure your interests are protected while you work on your marriage.

For more information on this article, contact Karp & Iancu.