Wisconsin Statutes
Wis. Stat. § 767.041 (2026)
Full faith and credit; comity
✓ current as of July 2026
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767.041(1)(a)(a) Full faith and credit shall be given in all courts of this state to a judgment in any action affecting the family, except an action relating to child custody, by a court of competent jurisdiction in another state, territory, or possession of the United States, when both spouses personally appear or when the respondent has been personally served. Full faith and credit shall also be given in all courts of this state to the amount of arrearages owed for nonpayment or late payment of a child support, family support, or maintenance payment under an order issued by a court of competent jurisdiction in another state, territory, or possession of the United States. A court in this state may not adjust the amount of arrearages owed except as provided in s. 767.59 (1m).
767.041(1)(b)(b) Full faith and credit shall be given in all courts of this state to a determination of paternity made by any other state, whether established through voluntary acknowledgment or an administrative or judicial process.
767.041(2)(2) Actions in courts of foreign countries. Any court of this state may recognize a judgment in any action affecting the family involving Wisconsin domiciliaries, except an action relating to child custody, by a court of competent jurisdiction in a foreign country, in accordance with the principles of international comity.
767.041(3)(3) Child custody actions. All matters relating to the effect of the judgment of another court concerning child custody are governed by ch. 822.
767.041 HistoryHistory: 1977 c. 105; 1979 c. 32 s. 50; 1979 c. 352 s. 39; Stats. 1979 s. 767.21; 1989 a. 212; 1993 a. 481; 2005 a. 443 s. 82; Stats. 2005 s. 767.041.
767.041 AnnotationFull faith and credit is not applicable when a decree or judgment is obtained in a jurisdiction outside of the United States. Wisconsin Valley Trust Co. v. DOR, 65 Wis. 2d 199, 222 N.W.2d 628 (1974).
767.041 AnnotationA Wisconsin court has equitable jurisdiction to decide issues of maintenance and property division when an out-of-state divorce judgment fails to address those issues. Haeuser v. Haeuser, 200 Wis. 2d 750, 548 N.W.2d 535 (Ct. App. 1996), 95-1087.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2008–2022 · leading case: Daniel T. W. v. Joni K. W., 2009 WI App 13 (Wis. Ct. App. 2008).
Daniel T. W. v. Joni K. W., 2009 WI App 13 (Wis. Ct. App. 2008). “First, Wis. Stat. § 767.041 (l)(b) dictates that "[f]ull faith and credit shall be given in all courts of this state to a determination of paternity made by any other state, whether established through voluntary acknowledgement or an administrative or judicial process.”
Reham M. Okab v. Baha Y. Hamdan (Wis. Ct. App. 2022). “§ 767.041(2). Comity is a rule that allows the court to decline to recognize a foreign decree if it is “against policy or laws of the state, prejudicial to the interests of its citizens or against good morals and natural justice.”
— Wis. Stat. § 767.041(2) — 1 case
Reham M. Okab v. Baha Y. Hamdan (Wis. Ct. App. 2022). “§ 767.041(2). Comity is a rule that allows the court to decline to recognize a foreign decree if it is “against policy or laws of the state, prejudicial to the interests of its citizens or against good morals and natural justice.”
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