Legal Question in Family Law in Wisconsin

Re: Legal separation on hold

You refer to "legal separation". I assume you mean that a divorce is pending and therefore you have separated. Most judges supervise their calendars and require parties to provide status reports and to eventually move the case along or dismiss it. The speed with which this may be done varies widely among different courts and even different judges of the same court. Some judges will demand action shortly after the 120 day waiting period has expired. Others may not review for 6 months, 9 months or longer. If nothing is done the court may dismiss the case.

However, a case won't be dismissed under per Wis. Stat. 767.264 without each appearing party having an opportunity to be heard:

"(1) OPPORTUNITY TO RESPOND. An action

affecting the family may not be dismissed under s. 805.04 (1)

unless all the parties who have appeared in the action have been

served with a copy of the notice of dismissal and have had an

opportunity to file a responsive pleading or motion."

Once a case is dismissed, it usually has to be started over with a new filing fee, etc.