In the case of wanting to file for a divorce in the State of Wisconsin, the following form can be used as a reference on the steps of the divorce process in the state.
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Getting a Divorce in Wisconsin: The Basics This document, created by the Wisconsin Coalition Against Domestic Violence (WCADV) Legal Department, does not constitute legal advice. - Please Note: This char t is for general reference only. - - Check with your county court or county court’s webs ite for specific procedure s. - Basic WI Divorce Flowchart (Current as of 9/10) III-B, Page 1 of 2 Step 1: Fin d and Complete the Proper Forms IF FILING WITH SPOUSE: COMPLETE Joint Petition . If you have minor children, USE FA-4110 , otherwise USE FA-4111 COMPLETE Confidential Petition Addendum , GF -179 Do you and your spouse agree on all issues? IF YOU DISAGREE: COMPLETE Order to Show Cause and Affidavit for Temporary Order . If you have minor children, USE FA-4128 , otherwise USE FA-4129 GO TO STEP 2 IF YOU AGREE COMPLETELY: COMPLETE Stipulation for Temporary Order . If you have minor children, USE FA-4126 , otherwise USE FA-4127 - Both parties must sign GO TO STEP 2 Step 2: File Your Forms PAY THE FILING FEE! $194.50 if minor children, or you want maintenance $184.50 if no minor children (add $3.50 in Milwaukee Cty) - Fees accurate as of 8/10 GO TO STEP 3 What if you can’t afford the filing fee? COMPLETE Fee Waiver , CV -410 . Court will decide if you qualify GO TO STEP 3 SERVE the other party with copies of Summons, Petition, and Order to Show Cause and Affidavit for Temporary Order . FOLLOW service instructions in packet FA-5000 and make sure to meet the deadlines! If you have minor children and are on publi c assistance, also SERVE Child Support Agency GET a completed and signed Affidavit of Service , FA-4120 from the person who served your spouse or Admission of Service , FA-4119 signed by your spouse FILE either Affidavit of Service or Admission of Service and copies of documents served GO TO STEP 4 MINIMUM 120 -DAY WAITING PERIOD BETWEEN TIME O F SERVICE AND FINAL HEARING What if you were served by your spouse? COMPLETE Response and Counterclaim , FA-4113 , and Financial Disclosure Statement (FDS) , FA-4139 . PREPARE for Temporary Hearing if one is already scheduled. If not, you may FILE Order to Show Cause and Affidavit for Temporary Order . FA-4128 if you have minor children, FA-4129 if no minor children FILE your documents with Clerk of Court and SERVE the other party with copies of those documents MAKE copies of each form , as required by your county . TAKE your forms to the Courthouse and GIVE them to the Clerk of Court for filing. IF FILING ALONE: COMPLETE Summons and Petition . If you have minor children , USE FA-4104 and FA-4108 , otherwise USE FA-4105 and FA-4109 Step 3: Serve the Other Party G ETTING A D IVORCE IN W ISCONSIN : THE B ASICS Basic WI Divorce Flowchar t (Current as of 9 /10) III-B, Page 2 of 2 Step 5: Prepare for and Attend Pre -Trial Conference Commissioner enters an order setting rules for you and your spouse GO T O STEP 5 IF YOU REQUESTED A TEMPORARY HEARING, YOU MUST ATTEND!! PREPARE and BRING the following to the hearing: - Wage statements - Completed Financial Disclosure Statement - Income Tax returns IF YOU AGREE COMPLETELY: COMPLETE and FILE Marital Settle ment Agreement (MSA) , FA-4150 (with minor children) or FA-4151 (no minor children) and updated Financial Disclosure Statement (FDS) - Both parties must sign Court will p roceed with a Stipulated Divorce Hearing instead of Pre -Trial Conference Court will make a final ruling based on MSA and FDS IF YOU AGREE ON SOME THINGS BUT NOT OTHERS: COMPLETE and FILE a partial Marital Settlement Agreement (MSA) and up dated Financial Disclosure Statement - Both parties must sign ATTEND PRE -TRIAL CONFERENCE!! Judge will determine what issues will be contested at trial, witness will be called, and evidence will be presented GO TO STEP 6 COMPLETE any necessary post -trial documents and FILE them before the deadline - Findings of Fact and Conclusions of Law . FA-4160 (with minor children) or FA-4161 (no minor children) CHECK! Your county may require you to complete and file Certificate of Divorce before Pre -Trial conference IF YOUR SPOUSE ATTENDS AND YOU DO NOT, THE COMMISSIONER MAY ENTER AN ORDER GRANTING YOUR SPOUSE’S REQUESTS! END Step 4: Attend Temporary Hearing Do you and your spouse agree on all issues? IF YOU DISAGREE COMPLETELY: COMPLETE and FILE Proposed Marital Settlement Order , FA-4152 (with minor children) or FA-4153 (no minor children), and updated Financial Disclosure Statement Step 6: At tend Trial and Finalize Divorce ATTEND YOUR TRIAL!! If you do not attend, a judge may enter a Default judgment against you. - BRING all necessary documents! - Make sure all witnesses appear in person! You may need to require them to come with a subpoena , GF -126 - BRING all necessary evidence! Judge will issue a final Order setting the terms of the divorce. Divorce granted
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