Reconciliation
Sometimes couples who have already filed for a separation or divorce want to give their marriage another chance. In legal terms, this is called “reconciliation”. The law encourages this by giving the couple the option to put the separation or divorce case on hold for up to 90 days. During those 90 days, the couple can live together. Any temporary orders that the court issued (e.g. regarding child placement or support) are also suspended.
To get the 90-day suspension, the couple will need to complete, sign, and file a Stipulation Suspending Proceedings to Effect Reconciliation.
| Note: If either spouse gets public assistance or has a caseworker from the Child Support Agency, the couple must give a copy of the stipulation to the Child Support Agency. |
Once the court orders the 90-day suspension, there are a couple of ways things can go:
- During the 90 days, the couple might be able to rebuild their marriage and decide they no longer want the separation or divorce. In that case, the couple can file a Stipulation Dismissing Divorce/Legal Separation with the court to officially cancel the separation or divorce case. The marriage remains legally intact.
| Note: If either spouse gets public assistance or has a caseworker from the Child Support Agency, the couple must give a copy of the stipulation to the Child Support Agency. |
- The couple cannot successfully rebuild their marriage during the 90 days. In that case, the separation or divorce case will continue automatically at the end of the 90 days as if the pause had not even happened.
If it quickly becomes clear during the 90 days that a reconciliation will not be successful, the couple does not have to wait out the entire 90 days. At any point during the 90 days, either spouse can ask the court to stop the 90-day suspension by filing a Motion to Revoke Suspension of Proceedings to Effect Reconciliation and continue with the separation or divorce case.
| Note: If either spouse gets public assistance or has a caseworker from the Child Support Agency, the person filing the motion must give a copy of the motion to the Child Support Agency. |
This 90-day suspension gives couples time to work on their marriage without having to cancel their separation or divorce case. If they dismiss the case but later decide to separate or divorce again, they must start over, pay a new filing fee, and wait another 120 days.
What if we’re not quite sure at the end of the 90 days? Can we ask for another 90 day suspension?
Maybe. The law does not clearly say whether the court can order a second 90-day suspension. Some judges will, and some judges will not. It is up to the individual judge in your case.
What happens if we get a divorce and then get back together?
If a couple gets back together within six months of their divorce, they can ask the court to vacate (cancel) the divorce judgment by filing a Stipulation to Vacate/Revoke the Judgment of Divorce or Legal Separation.
If a couple remarries at any time after they have divorced, they can ask the court to revoke the divorce judgment by filing that same document.
| Warning: Take the document to a notary public BEFORE you sign it. This document must be signed by a notary public. If you do not have easy access to a notary public, this document allows for remote online notarization (RON). Read more about RON on the Wisconsin Department of Financial Institution’s website. |
| Note: If either spouse gets public assistance or has a caseworker from the Child Support Agency, the couple must give a copy of the stipulation to the Child Support Agency. |
