INSTRUCTIONS FOR OBTAINING A FINAL

DIVORCE HEARING DATE ON AN UNCONTESTED (DEFAULT) DIVORCE

BEFORE THE FAMILY COURT COMMISSIONER

OZAUKEE COUNTY


1. 120 days must have passed from the date of service of Summons and Petition on Respondent, or from date of filing a Joint Petition.

2. Proof of service of Summons and Petition on Respondent and Family Court Commissioner must be filed with the Court. If the Family Court Commissioner was not served (given copies of) the Summons and Petition for Divorce within 20 days after the Respondent was served, prepare a Petition and Order for Extension of Time to Serve Family Court Commissioner. The order must be signed by the Judge assigned to the case. Bring a copy of the signed Order and the Summons and Petition for Divorce to the Family Court Commissioner.

3. A signed Marital Settlement Agreement (original plus one copy) must be submitted to the Family Court Commissioner's office.

4. If both parties are appearing pro se, one party must submit the following to the Family Court Commissioner's office:

a. Findings of Fact, Conclusions of Law and Judgment of Divorce (original and three copies, with Marital Settlement Agreement attached)

b. Financial statements of each party (signed and notarized)

c. Vital Statistics form (see #10 below for instructions)

5. Obtain a hearing date from the Family Court Commissioner's secretary. Hearings are scheduled on Tuesday afternoons in Room 224.

6. If Order for Appearance is desired, request secretary to obtain signature of the Family Court Commissioner. NOTE that both parties must appear on the final hearing date, unless there is proof that the non-appearing party either: resides out of state; has been served with an Order for Appearance, with proof of service filed with the Court; or unless there was a Joint Petition for Divorce.

7. Both parties shall submit a copy of their proposed final financial statements to the Family Court Commissioner 24 hours prior to hearing.

8. If any party is receiving or has received public assistance, or the Child Support Office has been involved in any way in the case, the Child Support Office must be served with notice of the final hearing. If a Guardian ad Litem has been appointed, he or she must also be served.

BRING THE FOLLOWING TO THE FINAL HEARING:

9. Vital Statistics form (Original Certificate of Divorce or Annulment) completed in black ink or typewritten on original (bond) form. The State does not accept copies, white-outs or cross-outs.

10. Originals of Financial Statements of both parties.