Yes. In limited situations, you can reopen a divorce case in Wisconsin by asking the court for relief from the judgment for reasons such as mistake, fraud, or newly discovered evidence, within strict deadlines. Child support, maintenance, custody, and placement can be changed later, but a final property division generally cannot be revised.
To reopen a divorce case in Wisconsin, you file a motion under Wis. Stat. § 806.07. The court may grant relief for mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud, misrepresentation, or misconduct by your former spouse; a void judgment; or other reasons that justify relief. The motion must be made within a reasonable time, and motions based on mistake or fraud have a firm deadline that runs from the date the judgment was entered.
An appeal is a separate remedy with its own strict deadlines, which also run from entry of the final judgment.
A court may revise child support and maintenance when circumstances change substantially, but it may not revise a final division of property or a judgment that waived maintenance. See when child support can be modified in Wisconsin. Custody and placement orders can also be modified, with stricter limits soon after the judgment. See how to modify child custody in Wisconsin.
If your former spouse failed to disclose an asset and it was left out of the property division, you can ask the court to reach that asset even after the divorce.
Get a copy of the judgment and note the date it was entered, since the deadlines run from entry. Gather the marital settlement agreement, financial disclosure statements, and proof of the mistake, fraud, or change in circumstances. Because property terms are usually permanent, check every asset and debt before the final hearing, as outlined in how to file for divorce in Wisconsin.
Renier Hotopp Law Offices reviews final judgments to tell clients whether they can reopen a divorce case in Wisconsin or should seek a modification instead. See our Wisconsin divorce attorney services or learn more about the firm.
