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How to File For Divorce in Wisconsin Form

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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