Divorce by affidavit just makes good sense

One of the theories of American law is that since we have 51 sets of law (one for each state and one for Washington D.C.), states can learn from each other. With few significant differences between one state and another in the modern, mobile world (other than weather), if a particular law works well in one state, it should work in another. And vice versa.

Wisconsin has been one of the minority of states (in fact, I don’t know of another one) in which both parties need to appear in court to have their divorce finalized, even where they agree as to all its terms. While it can be argued that this is appropriate to impress upon the parties the solemnity of ending a marriage, given the divorce rate, this archaic requirement doesn’t seem to have succeeded in keeping many marriages together (e.g., “I would have divorced the S.O.B., but I didn’t want to try to find parking at the courthouse.”). On a more serious note, parking at the courthouse isn’t free — along with attorney fees, time off work and frequently childcare. These are costs most people would prefer to bypass.

As stated in an article in 2022, I conducted a totally unscientific survey asking lawyers in Oklahoma, Oregon, Alabama, Pennsylvania, California, Kentucky, New Mexico, North Carolina and South Carolina, all of which allow divorce by affidavit, as to their experience. All reported no problems and agreed that it saves time and money with no downside whatsoever. When is the last time a law provided positive results and no negatives?

Finally, Wisconsin has recently adopted a procedure that would allow parties to avoid an expensive, unnecessary court appearance. 2025 WI Act 40, signed into law by Gov. Tony Evers on Oct. 31, allows, in certain circumstances, parties to avoid appearing before a judge to finalize a divorce. Among other requirements, both parties must be represented by attorneys or work with an attorney mediator; complete financial affidavits must be filed; and the parties must disclose if they are involved in a domestic violence case.

This law was promoted by the Family Law Section of the State Bar of Wisconsin. Contrary to the popular myth that lawyers work in concert to increase costs to their clients, this is an example of lawyers intentionally reducing their income to provide more efficient services. This is the epitome of professionalism, and the section (and the State Bar as a whole) deserves congratulations for promoting this legislation.