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BARTZ v. BARTZ

No. 89-1145.

153 Wis.2d 756 (1989)

452 N.W.2d 160

Clarence E. BARTZ, Petitioner-Appellant, v. Phyllis R. BARTZ, Respondent.

Court of Appeals of Wisconsin.

Decided December 21, 1989.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of Arpin Law Office by Patrick A. Arpin of Watertown.

For the respondent the cause was submitted on the briefs of Niemann, Ullsvik, Neuberger & Lorenz by Andrew R. Griggs of Watertown.

Before Eich, C.J., Dykman and Sundby, J.J.

DYKMAN, J.

Clarence Bartz appeals from an order denying his motion to convert a judgment of legal separation to a judgment of divorce. The issue is whether sec. 767.09(2), Stats., is mandatory. Section 767.09(2) provides that "upon motion of either party not earlier than one year after entry of a decree of legal separation, the court shall convert the decree to a decree of divorce." We conclude that the statute is mandatory. Accordingly, we reverse the trial court...

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