A Wisconsin divorce is an action affecting the family under chapter 767 of the Wisconsin Statutes, tried in the circuit court of the county, often before a family court commissioner, and the Clerk of Circuit Court keeps the file and issues the judgment of divorce. The file is a public circuit court record, indexed on the statewide Wisconsin Circuit Court Access site and open for inspection at the clerk's office, with two exceptions written into the statute itself: under Wis. Stat. 767.215(5), the separate form giving the names, birth dates and social security numbers of the parties and their minor children is kept with the confidential financial information or apart from the case file, and under Wis. Stat. 767.127(3), the information disclosed on the financial disclosure statement, and the information disclosed under 767.54, is confidential and may not be made available to any person for any purpose other than the adjudication, appeal, modification or enforcement of the judgment in the family action.
The sworn money form
Wis. Stat. 767.127(1) requires each party to make full disclosure of all assets and debts, and the Financial Disclosure Statement, form FA-4139V, revised December 2022, is how it is done. It is filed within 90 days of service and signed under penalty of perjury, with sections for proof of income, the employer, monthly income and deductions, expenses, assets, insurance, debts, disposal of assets, litigation and bankruptcy. The statute's list of assets runs to real estate, savings accounts, stocks and bonds, mortgages and notes, life insurance, retirement interests, interests in partnerships, limited liability companies and corporations, tangible personal property and future interests, a statement of income earned to date for the current year and the most recent W-2 go with it, and the court may on its own initiative, and must at the request of either party, require two years of state and federal tax returns. All of it is confidential under 767.127(3), and the confidentiality covers the information, not just the form, so the attached returns and proof of income are closed as well. The findings of fact, conclusions of law and judgment of divorce, with the property division and any marital settlement agreement incorporated into it, qualified domestic relations orders and filed exhibits are ordinary public records unless sealed under 801.21 or confidential by statute, as financial disclosure information is under 767.127(3).
Finding and reading the file
Wisconsin Circuit Court Access at wcca.wicourts.gov is the statewide public index of circuit court cases, with party names, case history and judgments; it does not give the public document images. The court system states that in all counties the public can access information on circuit court cases open to public inspection, including documents for cases within that county, without staff assistance, and the office of the clerk of circuit court is where a non-party reads the public portion of a divorce file and buys copies. Under Wis. Stat. 801.21 a party who wants a record sealed or redacted files and serves a motion specifying the authority for restricting public access, may file the document under temporary seal pending the ruling, and the court determines whether there are sufficient grounds to restrict public access under applicable constitutional, statutory and common law, using the least restrictive means.
Bankruptcy files for Wisconsin residents
Wisconsin has two bankruptcy districts: the Eastern District at wieb.uscourts.gov and the Western District at wiwb.uscourts.gov, with offices in Madison and Eau Claire. Their schedules name each deposit account by institution and the employer by name and are public under 11 U.S.C. 107, the open counterpart to the confidential disclosure statement.
After the file: supplementary proceedings
Under Wis. Stat. 816.03(1)(a), when an execution has been returned unsatisfied within five years, the court or a judge of the county to which the execution was issued shall, on motion of the judgment creditor, order the judgment debtor to appear and answer concerning the judgment debtor's property at a time and place specified in the order, under 816.03(1)(b) a supplemental court commissioner, on the creditor's application, shall instead order the debtor to appear before the commissioner, and under 816.06 the debtor may be examined on oath at the hearing. The Wisconsin judgments and liens page covers the procedure.