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Wisconsin Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Wisconsin. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Wisconsin, certain forms may or may not be required by the Wisconsin courts.
The Petitioner files either the form FA-4104, Summons With Minor Children, or the form FA-4105, Summons Without Minor Children, to notify the Respondent that the action has begun, giving him or her 20 days to file a Response or face the consequences of a Default. This form is not notarized.
A form FA-4108, Petition With Minor Children, or a form FA-4109, Petition without Minor Children, commences an action for a divorce or legal separation. Both the FA-4108 and the FA-4109 establish the history of the marriage, identify the grounds, and may include a marital settlement as an attachment. Both include standing orders prohibiting dissipation of marital assets. The FA-4109 does not need to be notarized; the FA-4108 must be signed in the presence of a Notary Public.
A form FA-4110, Joint Petition for Divorce/Legal Separation With Minor Children, or a form FA-4111, Joint Petition for Divorce/Legal Separation Without Minor Children, may be used when the husband and wife agree to file together as joint petitioners. Both the FA-4110 and the FA-4111 establish the history of the marriage, identify the grounds, and may include a marital settlement as an attachment. The FA-4111 does not need to be notarized; the FA-4110 must be signed in the presence of a Notary Public.
GF-179, Confidential Petition Addendum
When a party or a couple file for divorce, the Confidential Petition Addendum gives the court confidential information about the spouses and their children, if any.
FA-4113, Response and Counterclaim
The Response and Counterclaim, signed by the Respondent and notarized, asserts his or her agreement or disagreement with four sections of the Petition. In the Counterclaim, the Respondent may also may also make his or her requests for relief.
FA-4118, Civil Process Worksheet
Completed by the Petitioner, the Civil Process Worksheet goes to the Sheriff or private Process Server "to help locate and serve the necessary documents" on the Respondent. It provides a description of the party and where he or she might be found. This form is not filed with the court.
FA-4119, Admission of Service
The Petitioner may personally serve these papers upon the Respondent if he or she agrees. The Respondent then must sign an Admission of Service, which the Petitioner returns to the clerk. The action can then move along the simplified route. Signing the Admission of Service eliminates the need for a formal service of process. In addition to the Summons and Petition, an Order to Show Case and Affidavit of Temporary Order and a blank Financial Disclosure Statement, and an Order to Appear may be conveyed with the Admission of Service.
FA-4120, Affidavit of Service
When the divorce papers are conveyed by a third party -- a friend or relative who is 18 or over, a resident of Wisconsin and not a party to the action -- that party completes an Affidavit of Service, in which he or she attests to the successful Service of Process. The Affidavit is then returned to the Clerk of Courts.
FA-4121, Affidavit of Mailing
When Service of Process is by mail, the Petitioner must complete an Affidavit of Mailing, which attests to the mailing. The green postal receipt card is attached to the Affidavit.
FA-4122, Publication Summons
When Service is by Publication, the Petitioner files a Publication Summons, which is a public notice of the divorce action stating that the Respondent cannot be personally served and which gives him or her 45 days from the date of first publication to file a Response.
FA-4123, Publication Affidavit of Mailing
A Publication Affidavit of Mailing states that the Petitioner has also attempted to locate the missing Respondent by mail.
Stipulation for Temporary Orders
As the divorce action moves forward, the parties may agree, depending upon their situation, to either a FA-4126, Stipulation for Temporary Order With Minor Children, or a FA-4127, Stipulation for Temporary Order Without Minor Children. Both forms deal with issues on a temporary basic pending a final Court Order. Form FA-4126 deals with asset allocation, debt payments, child custody and support issues, maintenance; form FA-4127 deals with the same issues except for those related to children.
Order to Show Cause for Temporary Order
If the parties cannot agree on disputed issues, one of them may request to file either a form FA-4128, Order to Show Cause and Affidavit for Temporary Order With Minor Children, or form FA-4129, Order to Show Cause and Affidavit for Temporary Order Without Minor Children. Form FA-4128 deals with asset allocation, debt payments, child custody, support issues, and maintenance; Form FA 4129 deals with the same issues except for those related to children. Both the FA-4128 and FA-4129 must be notarized.
FA-4139, Financial Disclosure Statement
Either individually or as Joint Petitioners, the parties must file a Financial Disclosure Statement, which provides the court with detailed information about monthly income and expenses, assets and liabilities. This form must be filed no later than 90 days after the Summons and Petition are developed. This form does not have to be notarized.
FA-4142, Order to Appear
The Order to Appear gives a party notice that he or she must appear in court as directed or face the consequences of the court entering a Judgment in his or her absence.
FA-4147, Proposed Parenting Plan
The Proposed Parenting Plan, usually filed by the Petitioner, spells out the terms and conditions of custody and visitation of minor children. If the Petitioner fails to do this, he or she loses the right to contest any plan submitted by the Respondent unless he or she can show "good cause for [the] delay." When both parties agree, each should sign the Proposed Parenting Plan.
Marital Settlement Agreement
If the spouses themselves (or with the help of their lawyers) reach an agreement on the terms and conditions of their divorce -- the division and distribution of assets and liabilities, support and if applicable child support -- either the form FA-4150, Marital Settlement Agreement With Minor Children, or the form FA-4151, Marital Settlement Agreement Without Minor Children, is used to memorialize the agreement.
Proposed Settlement Order
When the spouse cannot reach agreement themselves on divorce issues such as the division and distribution of assets and liabilities, support and if applicable child support, or when one party cannot be located, one party may submit either the form FA-4152, Proposed Marital Settlement Order With Children (ten pages), or the form FA-4153, Proposed Marital Settlement Order Without Children (seven pages) is used to make a proposal to the court for approval.
When a judge hands down the Decree, he or she uses, as is applicable, a form FA-4154, Divorce Judgment Addendum With Minor Children (nine pages), or a form FA-4155, Divorce Judgment Addendum Without Minor Children (six pages). The Addendum is incorporated by reference into the Findings of Fact, Conclusions of Law, and it is a Court Order.
Findings of Fact, Conclusions of Law
Either form FA-4160, Findings of Fact, Conclusions of Law and Judgment With Minor Children (nine pages) , or form FA-4161, Findings of Fact, Conclusions of Law and Judgment Without Minor Children (five pages), stipulates the court's Findings of Fact concerning the marriage and the Conclusions that apply.
The Wisconsin court may award spousal support or maintenance to either spouse, but the spouse requesting maintenance must specifically state so in the divorce petition. In determining the need, duration, and amount of maintenance, the judge considers the length of the marriage, the spouses' ages and physical and emotional health, the property division, and the conduct, or misconduct, of the spouses during the marriage and the divorce, among other factors.
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