Wisconsin Statutes

Wis. Stat. § 767.01 (2026)

Jurisdiction

✓ current as of July 2026

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767.01767.01 Jurisdiction.

767.01(1)(1) Generally. The circuit courts have jurisdiction of all actions affecting the family and have authority to do all acts and things necessary and proper in those actions and to carry their orders and judgments into execution as prescribed in this chapter. Except as provided in subs. (2) and (2m), jurisdiction may be exercised as provided under ch. 801.

767.01(2)(2) Paternity and child support. In an action to establish paternity or to establish or enforce a child support obligation, in regard to a child who is the subject of the action, a person is subject to the jurisdiction of the courts of this state as provided in s. 769.201 (1m) or 801.05.

767.01(2m)(2m) Child custody. All proceedings relating to the custody of children shall comply with the requirements of ch. 822.

767.01 HistoryHistory: 1975 c. 39; 1977 c. 449; 1979 c. 32 s. 50; 1979 c. 196, 352; Stats. 1979 s. 767.01; 1987 a. 27; 1993 a. 326; 2005 a. 443 ss. 10 to 13; 2009 a. 321; 2015 a. 82 s. 12.

767.01 NoteNOTE: 2005 Wis. Act 443 contains explanatory notes.

767.01 Cross-referenceCross-reference: See s. 765.001 for provision as to intent and construction of this chapter.

767.01 AnnotationThe trial court has broad authority to enforce its family court judgments and may employ any remedy customarily available to courts of equity. It was appropriate to direct the defendant to pay the plaintiff’s medical expenses when the defendant had not converted an insurance policy as ordered under a divorce decree. Rotter v. Rotter, 80 Wis. 2d 56, 257 N.W.2d 861 (1977).

767.01 AnnotationWhen a husband complied with the original court order to make property division installment payments, the court had no authority to order the husband to pay the wife’s income tax on installments. Wright v. Wright, 92 Wis. 2d 246, 284 N.W.2d 894 (1979).

767.01 AnnotationWhen possession of the partys’ homestead was awarded by the divorce judgment to the wife to be sold upon her death with the proceeds divided between the parties, the family court and probate court had concurrent jurisdiction. Morrissette v. Morrissette, 99 Wis. 2d 467, 299 N.W.2d 590 (Ct. App. 1980).

767.01 AnnotationA circuit court does not have subject matter jurisdiction in a divorce action to determine attorney fees between an attorney and client that the attorney continues to represent in the divorce action. Stasey v. Stasey, 168 Wis. 2d 37, 483 N.W.2d 221 (1992).

767.01 AnnotationThe joinder of divorce and contract actions between spouses is not required. Caulfield v. Caulfield, 183 Wis. 2d 83, 515 N.W.2d 278 (Ct. App. 1994).

767.01 AnnotationWhen one party to a divorce dies during the action, the court loses jurisdiction, including jurisdiction to enforce prior orders. Socha v. Socha, 183 Wis. 2d 390, 515 N.W.2d 337 (Ct. App. 1994).

767.01 AnnotationAn injunction against a man, whose petition to establish himself as father of two children had been denied, to stay away from the children until they reach age 18 was within the court’s power to enforce its judgments and orders. W.W.W. v. M.C.S., 185 Wis. 2d 468, 518 N.W.2d 285 (Ct. App. 1994).

767.01 AnnotationA divorce action terminates on the death of a spouse. After the death, an order prohibiting an act in regard to marital property entered in the divorce may not be enforced under this chapter. As the parties are legally married at the time of death, the sole remedy for resolving disputes over marital property lies under s. 766.70. Socha v. Socha, 204 Wis. 2d 474, 555 N.W.2d 152 (Ct. App. 1996), 95-1641.

767.01 AnnotationA family court has jurisdiction to hear equitable claims against third parties that affect the rights of parties to a divorce, such as a claim against a third-party title holder of property claimed to actually be part of the marital estate. Zabel v. Zabel, 210 Wis. 2d 336, 565 N.W.2d 240 (Ct. App. 1997), 96-3092.

767.01 AnnotationThere is no authority in this chapter to allow a name change for children in a divorce action. Jocius v. Jocius, 218 Wis. 2d 103, 580 N.W.2d 708 (Ct. App. 1998), 96-2746.

767.01 AnnotationA cause of action under s. 766.70 requires that the complained of conduct arise as a result of the marital relationship and a breach of the good faith duty between spouses. Once a divorce is commenced, the claim must be resolved in divorce court. A cause of action between spouses arising outside the marital relationship, such as a stockbroker-client relationship, does not fall within s. 766.70 and may be maintained independent of the divorce. Knafelc v. Dain Bosworth, Inc., 224 Wis. 2d 346, 591 N.W.2d 611 (Ct. App. 1999), 98-0067.

767.01 AnnotationCh. 822, the Uniform Child Custody Jurisdiction Act, does not, in and of itself, establish a sufficient statutory basis for personal jurisdiction over a nonresident defendant in a paternity proceeding. Paula M.S. v. Neal A.R., 226 Wis. 2d 79, 593 N.W.2d 486 (Ct. App. 1999), 98-1158.

767.01 AnnotationA common law action for unjust enrichment cannot be litigated in a divorce action. Dahlke v. Dahlke, 2002 WI App 282, 258 Wis. 2d 764, 654 N.W.2d 73, 02-0194.

Notes of Decisions

Cited in 57 cases (8 in the last 5 years), 1980–2026 · leading case: In Re Marriage of Cashin v. Cashin, 2004 WI App 92 (Wis. Ct. App. 2004).

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In Re Marriage of Cashin v. Cashin, 2004 WI App 92 (Wis. Ct. App. 2004). · cites it 11× “261 regarding a fixed amount of interest on child support show a legislative intent to limit the trial court's authority to consider imposing interest on unpaid maintenance under Wis. Stat. § 767.01 (1). The interest under the two former sections is fixed and mandatory in all…”

Patricia A. Johnson v. Michael R. Masters, 2013 WI 43 (Wis. 2013). · cites it 11× “Johnson argued that the statute of repose could not operate as a bar to her motion in light of Wis. Stat. § 767.01 , in Ch. 767, Actions Affecting the Family, which states that "circuit courts .”

In Re Marriage of Washington v. Washington, 2000 WI 47 (Wis. 2000). · cites it 8× “The supreme court held that the order was authorized by the precursor of Wis. Stat. § 767.01 , which vested authority in the trial court to enforce its judgment.”

Kotecki & Radtke, S.C. v. Johnson, 531 N.W.2d 606 (Wis. Ct. App. 1995). · cites it 6× “(1) The circuit courts have jurisdiction of all actions affecting the family and have authority to do all acts and things necessary and proper in such actions and to carry their orders and judgments into execution as prescribed in this chapter.”

In Re Marriage of Stasey v. Stasey, 483 N.W.2d 221 (Wis. 1992). · cites it 6× “01(1) states in full: The circuit courts have jurisdiction of all actions affecting the family and have authority to do all acts and things necessary and proper in such actions and to carry their orders and judgments into execution as prescribed in this chapter.”

Caulfield v. Caulfield, 515 N.W.2d 278 (Wis. Ct. App. 1994). · cites it 3× “In support of his motion, Robert contended that, pursuant to § 767.01, *87 Stats., 1 the trial court in the divorce action was "faced with the task of resolving all of the financial issues between the parties" and, in doing so, it would necessarily "consider the note" which was…”

Marriage of Dennis, 344 N.W.2d 128 (Wis. 1984). · cites it 4× “" Sec. 767.01, Stats., [5] declares Wisconsin courts have authority to do all acts and things necessary and proper in family actions to carry their orders and judgments into execution.”

In Re Marriage of Biel v. Biel, 336 N.W.2d 404 (Wis. Ct. App. 1983). · cites it 5× “The court held that it possessed authority to order mediation and arbitration under sec. 767.01, Stats., which provides in relevant part, “The circuit courts have jurisdiction of all actions affecting the family and have authority to do all acts and things necessary and proper…”

State ex rel. N.R.Z. v. G.L.C., 447 N.W.2d 533 (Wis. 1989). · cites it 7× “Section 767.01(2), Stats., is a special jurisdictional statute which confers long-arm jurisdiction upon the courts of this state in paternity and child support actions commenced pursuant to ch.”

In Re Custody of DMM, 404 N.W.2d 530 (Wis. 1987). · cites it 2× “Section 767.01, Stats., grants jurisdiction to the circuit court of all actions affecting the family and such courts have authority to do all acts and things necessary and proper in such actions to carry their orders and judgments into execution as prescribed in the chapter.”

In Re Marriage of Socha v. Socha, 515 N.W.2d 337 (Wis. Ct. App. 1994). · cites it 3× “Elaine argues that §§ 767.01(1) and 767.02(1)00, STATS., 1 indicate the legislature's intention that the court be able to enforce orders which it issued while the divorce was pending and prior to a party's death.”

Paula M. S. v. Neal A. R., 593 N.W.2d 486 (Wis. Ct. App. 1999). · cites it 4× “Because of the directive of § 767.01(2), Stats., we first examine the provisions of §§ 769.”

Show all 57 citing cases →

— Wis. Stat. § 767.01(1) — 30 cases

In Re Marriage of Washington v. Washington, 2000 WI 47 (Wis. 2000). “The supreme court held that the order was authorized by the precursor of Wis. Stat. § 767.01 , which vested authority in the trial court to enforce its judgment.”

In Re Marriage of Cashin v. Cashin, 2004 WI App 92 (Wis. Ct. App. 2004). “261 regarding a fixed amount of interest on child support show a legislative intent to limit the trial court's authority to consider imposing interest on unpaid maintenance under Wis. Stat. § 767.01 (1). The interest under the two former sections is fixed and mandatory in all…”

Kotecki & Radtke, S.C. v. Johnson, 531 N.W.2d 606 (Wis. Ct. App. 1995). “(1) The circuit courts have jurisdiction of all actions affecting the family and have authority to do all acts and things necessary and proper in such actions and to carry their orders and judgments into execution as prescribed in this chapter.”

In Re Marriage of Stasey v. Stasey, 483 N.W.2d 221 (Wis. 1992). “01(1) states in full: The circuit courts have jurisdiction of all actions affecting the family and have authority to do all acts and things necessary and proper in such actions and to carry their orders and judgments into execution as prescribed in this chapter.”

Caulfield v. Caulfield, 515 N.W.2d 278 (Wis. Ct. App. 1994). “In support of his motion, Robert contended that, pursuant to § 767.01, *87 Stats., 1 the trial court in the divorce action was "faced with the task of resolving all of the financial issues between the parties" and, in doing so, it would necessarily "consider the note" which was…”

— Wis. Stat. § 767.01(2) — 4 cases

Paula M. S. v. Neal A. R., 593 N.W.2d 486 (Wis. Ct. App. 1999). “Because of the directive of § 767.01(2), Stats., we first examine the provisions of §§ 769.”

State ex rel. N.R.Z. v. G.L.C., 447 N.W.2d 533 (Wis. 1989). “Section 767.01(2), Stats., is a special jurisdictional statute which confers long-arm jurisdiction upon the courts of this state in paternity and child support actions commenced pursuant to ch.”

State Ex Rel. NRZ v. GLC, 447 N.W.2d 533 (Wis. 1989).

State v. Richard L. Austin, Jr. (Wis. Ct. App. 2020).

— Wis. Stat. § 767.01(2)(b) — 1 case

Paternity of C.A.K. v. J.B., 464 N.W.2d 59 (Wis. Ct. App. 1990).

— Wis. Stat. § 767.01(2)(c) — 2 cases

State Ex Rel. NRZ v. GLC, 447 N.W.2d 533 (Wis. 1989).

— Wis. Stat. § 767.01(3) — 1 case

Schaefer v. Heckler, 792 F.2d 81 (7th Cir. 1986).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.