void except pursuant to judicial proceedings. No marriage may

be annulled after the death of either party to the marriage. A court

may annul a marriage entered into under the following circumstances:

(1) A party lacked capacity to consent to the marriage at the

time the marriage was solemnized, either because of age, because

of mental incapacity or infirmity or because of the influence of

alcohol, drugs, or other incapacitating substances, or a party was

induced to enter into a marriage by force or duress, or by fraud

involving the essentials of marriage. Suit may be brought by

either party, or by the legal representative of a party lacking the

capacity to consent, no later than one year after the petitioner

obtained knowledge of the described condition.

(2) A party lacks the physical capacity to consummate the

marriage by sexual intercourse, and at the time the marriage was

solemnized the other party did not know of the incapacity. Suit

may be brought by either party no later than one year after the petitioner

obtained knowledge of the incapacity.

(3) A party was 16 or 17 years of age and did not have the consent

of his or her parent or guardian or judicial approval, or a party

was under 16 years of age. Suit may be brought by the underaged

party or a parent or guardian at any time prior to the party’s attaining

the age of 18 years, but a parent or guardian must bring suit

within one year of obtaining knowledge of the marriage.

(4) The marriage is prohibited by the laws of this state. Suit

may be brought by either party within 10 years of the marriage,

except that the 10–year limitation shall not apply where the marriage

is prohibited because either party has another spouse living

at the time of the marriage and the impediment has not been

removed under s. 765.24.

History: 1977 c. 105; 1979 c. 32 ss. 50, 92 (2); Stats. 1979 s. 767.03.

A remarriage, although unlawful in Wisconsin and dissolved through an annulment,

is sufficient to terminate maintenance under s. 767.32 (3). The requirement that

maintenance be terminated following remarriage is unconditional. Falk v. Falk, 158

Wis. 2d 184, 462 N.W.2d 547 (Ct. App. 1990).

Although a marriage may be “void”, the marriage governs the parties’ legal relations

unless it is annulled. Sinai Samaritan Medical Center, Inc. v. McCabe, 197 Wis.

2d 709, 541 N.W.2d 190 (Ct. App. 1995).

Back to the top.

DECISIONS DECISIONS

When handling your own divorce, annulment, or legal separation matter, you have the option of filling out your forms by hand or typewriter.  If you want to handwrite your forms you will need to get to know the forms by number on my site very well and know where to place pertinent information. You will also have to print them out one by one via the HTML method.  Back to the top.

WHAT TO DO RIGHT NOW

Get some large manila folders, black pen, stapler, and paperclips.  

Mark one folder as:  Court forms to file on VISIT #1  

Mark another:  Court forms to file on VISIT #2   

Mark another one:  Court forms to file on VISIT #3

Mark another folder as:  FORMS TO DO 

Mark another folder as:  MY LEGAL FORMS   

Mark another folder as:  MY INSTRUCTIONS   

Mark another folder as:  PROOF OF SERVICE

YOU WILL ALWAYS CARRY THESE FOLDERS WITH YOU!

Also print this set of instructions in full.  Staple the instruction sheets. Study it.  File away in the MY INSTRUCTIONS folder. Back to the top.

PRINTING

This depends on whether you will use the forms generator or not.   If you are not using the generator, you'll go into http://www.WisconsinForms.com.  Then look for the link that directs you to FREE FORMS.  Find the "by number" link.  Click it.  Then do a [control] "F" keys function on your keyboard and find the particular form.  Then you will do a [control] "p" keys function and print the form out for each form.  Each printer prints out HTML forms in its own different manner.   (PRINTING MEANS GOING UP TO THE "File" MENU AND CLICKING THE "Print" COMMAND. DO NOT copy and paste!!! ) IF A PAGE DOES NOT LOAD OR COME UP, PLEASE LET ATTORNEY ROMERO KNOW AS SOON AS POSSIBLE! DON'T WAIT - JUST CALL HIM AT 403-9000 (414).  All printers are DIFFERENT! - so please make sure that they print out what your browser shows you.  Back to the top.

WHAT YOU CAN RESEARCH AND READ IN ADDITION TO THESE INSTRUCTIONS

If you really want to learn all the specifics in your county courthouse, print and READ the local court rules for the family division in your county regarding your procedure. (This is the secret legal recipe for each county-that lawyers read.) In Milwaukee: Go Here!    Back to the top.

If this is a FRIENDLY split up between two non-parents, where both sides desire to sign the paperwork for a family law action, you will need certain forms.  To find the Web site that has the forms, click on this link.  Print out the following appropriate forms: 

A0 - Affidavit of Indigency (only if you are poor) pages 1 & 2, staple them
A1 - Joint Petition pages 1 & 2, staple them
A10 - Admission,
A11 - Financial, (print twice and try to use the Dane county blank form-one for wife and one for husband) staple them
A12 - Certificate of Compliance,
B7 - Affidavit of Non-Military Service,
A13 - Findings and Judgment,  
A132 - Findings and Judgment pg 2 and, staple both pages
A21 - Marital Settlement Agreement.  Staple together.  Place all these forms in the folder marked FORMS TO DO. Back to the top.

Assuming your spouse is living or has lived in the state of Wisconsin and this is going to be a WAR OF THE ROSES (very difficult case) between two non-parents, where everything will be fought out you will need certain forms.  To find the forms, click on this link, and print the following forms: 

A0 - Affidavit of Indigency (only if you are poor) pages 1 & 2, staple them
A2 - Summons, Staple to A3
A3 - Petition,
A11 - Financial,  Print twice.  One for wife and one for husband.  Staple together.
A12 - Certificate of Compliance,
B7 - Affidavit of Non-Military Service,
A13 - Proposed Findings, Staple to A132.
A132 - pg 2 of the Findings,
A21P - Proposed Order,
A25 - Affidavit of Service (Twice - only needed if you do not use a professional process server) , and
A28 - Order to Appear. Place all these forms in the folder marked: FORMS TO DO.   Back to the top.

If your spouse has sued you and it is a WAR OF THE ROSES (very difficult case) you must print form: A15. You'll find this in the bank of forms by number at www.WisconsinForms.com.  Fill it out and file immediately with your assigned judge after you have been served.  Any respondent may file a counterclaim against the petitioner.  There is no fee to file this form.  Prepare an A21P with your desired requests and you may also want to print out your other forms such as the A11 and remaining forms.  The reason you may wish to do this is because your spouse may never complete the forms and if this happens, your case will be dismissed.  You would then have to commence your own separate action. Make sure you mail a blank financial disclosure to your spouse .  Back to the top.

If this is a case where you cannot find your spouse, go here.   It is strongly advised to pay www.docusearch.com money to try to find him/her.  Try to get his/her last address.  Write his/her work, relatives, neighbors, friends, enemies, etc.  You must save all your work in a file folder.  This is very important evidence you will be providing a judge.  Only after failed attempts, make a note that you will be editing the A2 form to reflect that it is a Summons by Publication and publish and obtain a Form B7 (Affidavit of non-military service.) If you are still having problems publishing a divorce/annulment, legal separation, please retain an attorney as soon as possible. That means right now!  Back to the top.

In addition to the above forms, when there are marital children you will need forms: A5, A6, A14, A17, A19, and A19a (So please print these out and save.   Back to the top.

If this involves ALIMONY print form: A17, A19, and A19a.    Back to the top.

TEMPORARY ORDERS:

If you want temporary orders for child support, insurance, vacate residence, etc, before the final trial, you will need all the three pages of A30 and its instructions found on the website as HTML Form A30 and a temporary stipulation Form B9.  If you need temporary child support consider the stipulation that both have to sign before it is garnished from the payor's employer.  If this is not agreed upon then you must file the A30 forms with the court.  Back to the top.

Take out your forms from the FORMS TO DO folder.  There is NO NEED to type the forms out. You may print your information into them with a black pen. There is no need to copy and paste and type in the computer either.  Get a good black pen and have access to a copier and a two-hole puncher. Each county is different. Start by PRINTING the name of the county in the blank space on the top right-hand side of EACH pleading form in the blank space in front of the word "County". If you are in a different city other than Milwaukee, and if you see a form with "Milwaukee County" place a straight line across "Milwaukee" and print your correct county.   Back to the top.

Assuming you are (110%) sure that your spouse will sign the paperwork, fill out form A1 (Joint Petition). Check off box 40101 if this is a divorce. If you are indigent, fill out and have your signature notarized in the A0 form.  Back to the top.

WHAT FORMS MUST ALWAYS BE FILLED OUT:

A11

In every family law action there are forms you ALWAYS FILL OUT.  State law requires that both parties must disclose assets, debts, and liabilities.  

Download the Dane county blank A11 form in HTML format and start filling out the pages of form A11 (Financial Disclosure Statement) by hand. Put your name at the top line of the caption part of the pleadings and your spouse's name at the line below your name. (Important: Your name WILL ALWAYS remain on top for all legal documents! On some forms you will see "Family A, B,C, D, E. and initials - In Milwaukee this is required, you will find out the initials of your judge and which branch s/he belongs to upon filing.)  

With the HTML forms make sure to FILL IT OUT IN FULL. YES! IN FULL!!! YES, EVERYTHING MUST BE DISCLOSED. YES EVERYTHING! YES INCLUDING ALL BANK ACCOUNTS ETC. AND YES EVEN IF BOTH AGREE THAT EACH KEEPS THEIR OWN PENSIONS, MISC. PROPERTY, NO PROPERTY, ETC. AND YES EVEN THOUGH YOU'VE KEPT PROPERTY AND DEBT UNDER SEPARATE NAMES. ALL MUST BE DISCLOSED.  

Check all the little boxes that apply RIGHT NOW! and write "NONE" in any provision / section that does not apply. Number of tax exemptions are as of the date of signing of the disclosure - not after the divorce etc. the Sign and date it. Attach your last 4 weeks of check stubs or other income verification (e.g. w-2's, letter of salary from an employer) to form A11. Staple all A11 pages and income verification paper to the back of the A11. Mail a copy of a blank form A11 to your spouse and have your spouse sign his or her own copy, date, keep copy. If he or she refuses to sign it, then it may be your loss or his/her loss depending on the facts. You'll still get a divorce as long as you fill out your own A11 form. Play it safe and mail your spouse a copy of your A11 form telling him/her that you plan to file said copy with the court. Have someone witness that you mailed it off.  You'll show all these forms to the judge.   Back to the top.

A12

Another one of these required forms is the A12 (Certificate of Compliance - the exception is in Milwaukee if an A10 was signed, then no A12).  Add 120 days to the day of the admission of service in section #3 of the form.  Fill the top of each with your names. You will finish completing and signing this whole A12 form later.  

B7

Another one of these required forms is the B7 (Affidavit of Non-Military Service). This document is to show the court that your spouse in not in the military service.  If your spouse is in the military service and there is no agreement, you must see a lawyer as soon as possible.  Back to the top.

A13, A132,  A19 and A19a

What the judge will give you will in the end will be an ORDER (A13, A132). Courts don't prepare these for you. YOU MUST. So, fill out forms A13 & A132 ( Findings of Fact & Conclusions of Law and Final Judgment). Lines regarding the name of the judicial officer and date and income of each party may be left blank for now until you find out these things when you file or get a date. This is the document the Judge signs and MUST BE CLEAN AND NEAT!  With the A19 forms, please simply attach them to the back of A132. Place originals and copies in the folder marked:  Court forms to file on VISIT #2    Back to the top.

A21

In all family law actions you will be asking for something to be done. Your relief, request, or what you are asking for to be included into the judge's order is in form A21 (Marital Settlement Agreement.) 

The A21 form will be your blueprint for the future once the judge accepts your terms and incorporates these into orders. So, think extra carefully as to what you put in this form. (WARNING! You MUST consult with a tax advisor, appraiser, actuary, attorney, pension analyst immediately, pronto, a.s.a.p., in a New York minute, to obtain the best results in drafting the A21.) The requests you make in it will be made orders of the court if you succeed.  Your future legal welfare will be in your hands.  You are acting as your own lawyer so please be careful.

Fill out form A21 (Marital Settlement Agreement) (this is also known as MSA) and sign and date it on the very bottom of each page. Yes, each page. Yes, you MUST fill out all the little lines and check off all the little boxes that apply. If something does not apply simply mark "N/A or NONE". THIS IS THE MOST IMPORTANT DOCUMENT! MAKE SURE YOU REVIEW IT THOROUGHLY. ATTORNEY ROMERO ALWAYS ADVISES TO HAVE A LAWYER REVIEW IT. (THINK OF HIRING A LAWYER AS INSURANCE AGAINST A FUTURE ATTACK ON YOUR CASE'S LEGALITY.) Now, if your spouse refuses to sign it, cross out the heading (the title words "Marital Settlement Agreement" on A21 and print "Petitioner's Proposed Orders". Why? Because you are PROPOSING that your terms be adopted by the judge into his/her orders.

Get the A21P and the A14 (necessary if there are marital children).  These forms you'll need in case you cannot find your spouse or your spouse refuses to sign these documents.

If you are rich and have tons of property or have a complex custody arrangement you may want your A21 (Marital Settlement Agreement) or A21P (Proposed MSA) to look better....just go to your EDIT menu, click SELECT ALL, COPY, and then PASTE into your word processor!!! You can always cut and paste into word processor programs!!! TYPING IS SO 70'S. Place originals and copies in the folder marked:  Court forms to file on VISIT #2   Back to the top.   

Cross out any "divorce" wording if this is a legal separation or annulment and check off box 40201. So Divorce will be 40101, Annulment will be 40201.  Sign page 2 of the document and date it after checking off any relief requested (pg 2) and filling out ALL lined or requested information. The "marital relationship is broken" words are important for a legal separation. Cross out any "divorce" wording if this is a legal separation or annulment and check off box 40201 in ALL YOUR PAPERS.      Back to the top.

Fill out only to the top of A10 (Admission of Service and Waiver) with your names.

The order of stapled documents that you will be filling out is as follows:

Form A1 Joint Petition (This document STARTS your case.) pages 1 & 2 on top of

Form A10 Admission on top of

Form A13 Findings pg 1 on top of

Form A132 Findings pg 2 on top of

Form A21 Marital Settlement Agreement.

A11 Financial will always remain separate and alone. Why? Because they seal this info in a sealed envelope at the very end to try to protect your financial privacy.  Back to the top.

Now it is time to face the music. Assuming you have filled out your legal paperwork to YOUR SATISFACTION, get together with your spouse to sign the legal papers.  At this time you will only sign the A1 jointly (or just yourself: A2, A3), A11, and A21.  Notarize the A5 if you have children.  If you are indigent, fill out and have your signature notarized in the A0 form as well.  (Make sure you have two copies of your paperwork before you see your spouse as s/he may tear your original paperwork to shreds and you'll give him/her a copy to keep.) If this is a joint divorce have your spouse sign and date the bottom of page 2 of form A1. If your spouse can sign additional forms, have them fill out and sign their own blank version of A11, and the original A21document jointly.  Place originals in the folder marked: Court forms to file on VISIT #1

Go to Kinko's. Take all the original documents that apply to your case (A1, A2, A3, A5, A13, A132, B7, A21, A11)   Have a set of five (5) packets done.  Make two centered holes at the top of EACH form. (Important Notice: All the forms you'll hand to the court to file will have to be two-hole punched at the top, except for the Certificate of Divorce).  Again place copies in the folder marked:  Court forms to file on VISIT #1    Back to the top.

Fill out form A5 (Affidavit of Custody and) and have a notary sign it. Attach A6 (Statutory Provisions Support Guidelines Sheet) to it.  Fill out A14.  Back to the top.

Fill out the A2 and A3 (Summons and Petition). Make sure the A2 Summons caption has the address of the Petitioner and Respondent right next to their names. Use your spouse's last known address if you do not know your spouse's current address.  (NOTE:  An address must appear for the Respondent.)  Make sure that you check whether you want a divorce which is the "irretrievably broken" words. The "marital relationship is broken" words are important for a legal separation. Check off box 40101 if this is a divorce. Cross out any "divorce" wording if this is a legal separation or annulment and check off box 40201 in ALL YOUR PAPERS.     Back to the top.

The order of stapled documents will be as follows:

Form A0 (If applicable.) on top of

Form A2 Summons on top of and stapled to the

Form A3 Petition on top of

Form A5 Affidavit of Custody (if children) on top of

Form A6 Notice of Support (if children) on top of

Form A12 Certificate of Compliance on top of

Form B7 - Affidavit of Non-Military Service on top of

Form A13 Finding of Fact and Conclusions of Law on top of and stapled to the 

Form A132 Findings second page on top of and stapled to the 

Form A19 Notice pg 2 on top of (if children) and stapled to the

Form A19A Notice pg 1 on top of (if children)

Form A21P Proposed Order on top of

Form A11 Financial Disclosure Statement stapled sheets which will remain separate.  Back to the top.

Right now you will only need to print out the following forms for initial filing:

Form A0 Affidavit of Indigency pages 1 & 2 on top of  (Needed only you are poor)

Form A1 Joint Petition pages 1 & 2 on top of  (Needed only if it is signed by both parties)

Form A2 Summons on top of and stapled to the  (Needed only if other party refuses to sign joint petition and other paperwork.)

Form A3 Petition on top of  and stapled to the (Needed only if other party refuses to sign joint petition and other paperwork.)

Form A5 Custody Affidavit on top of  (If there are children)

(All pages of) Form A6 Child Support Info (If there are children)

Forms B9 (If there is an agreement for temporary issues) or A30 Order to Show Cause for Temporary Relief  (If you are asking for temporary orders.)

On each form on the top left corner you will see the number of copies you will need.  Simply print out the number of copies requested.  You will be then ready for one final review and signatures. Back to the top.

If it is an annulment, there is no waiting period. You must read the statute to understand when and how annulments are granted.  Scroll up until you find Chapter 767.03 of the WI Statutes.   Back to the top.

Find the Clerk of Courts office and ask where one pays the filing fee for family law actions. (In Milwaukee county, the courthouse is located at 901 N. 9TH ST. The room number is #104.  In Milwaukee county the filing fee is $158.00 for childless couples, $168 if it involves children, and $178 if you are asking for temporary orders). If you are indigent, try to find out where the judge will approve your notarized waiver of fees form A0 before you file.  Both the Summons A2 and Petition A3  (and A5&A6 if there are children) must be filed to begin a lawsuit if the matter is contested.  If this is a friendly proceeding, only the Joint Petition A1 (and A5&A6 if there are children) will be filed to start your case.  Be sure to submit all of the following paperwork in the following order to the clerks:

The order of stapled documents is as follows:

Form A0 Affidavit of Indigency pages 1 & 2 on top of  (Needed only you are poor)

Form A1 Joint Petition pages 1 & 2 on top of  (Needed only if it is signed by both parties)

Form A2 Summons on top of and stapled to the  (Needed only if other party refuses to sign joint petition and other paperwork.)

Form A3 Petition on top of  and stapled to the (Needed only if other party refuses to sign joint petition and other paperwork.)

Form A5 Custody Affidavit on top of  (If there are children)

(All pages of) Form A6 Child Support Info (If there are children)

Forms B9 or A30 Order to Show Cause for Temporary Relief  (If you are asking for temporary stipulations or orders, respectfully.)

Leave the original packet with the clerk.  Make sure all your paperwork is date-stamped and file-stamped.

File copies of your packet with your Family Court Commissioner's Office (FCC) (Milwaukee rm. 707) leaving them with one copy. The clerk in Milwaukee will give you a funny paper with a date on it. Read it.  But . . . DO NOT PAY ATTENTION TO THE DATE GIVEN! This is NOT your final hearing date!!! The date only tells you when your case will die if you do not plan to pursue your legal action.  Please staple all the informational brochures and new papers the FCC gives you to any of your packets.  (You'll read these back at home when you have time.)  If you need temporary relief ask them where you file the Order to Show Cause for Temporary Relief.  File the packets  in the  PROCESS SERVER folder.

Ask around your courthouse for where you can pick up a free Certificate of Divorce - Statistics Sheet (A29).  Pick 2-3 copies up from your county courthouse or from any family court judge (in Milwaukee, Room 411 - some counties don't require you to fill this form out).  Just try to make sense of it and keep in mind that it must be done in black ink. Make no mistakes! No white out! No crossing out! No writing over a letter or number more than once.  If you make a mistake, you must get another form. Attorney Romero cannot provide this form over the Internet because it must be printed on special paper. Please file this form in the folder marked.  Court forms to file on VISIT #2.

It is strongly urged that while you are in the courthouse, try to find the department of child support.  In Milwaukee, register in rooms 101 or G4 of the courthouse under the 4-D program. Ask for the 4-D application.  It is about 5-7 pages long.  It costs $10.00, but, in theory, the government is supposed to help you collect support and help you with a temporary order. It is a very good program and worth the $10.00.

File the A0 in the  PROCESS SERVER folder as you will take this to the Sheriff's office if you have a valid A0.  Back to the top.

If there are children, you will ALWAYS give the Department of Child Support one stamped set of papers that you have filed in court. (In Milwaukee, rm. 101.) Give/send spouse one copy of the stamped paperwork. Keep remaining one for your records.   Back to the top.

Summons and petitions may be served by the sheriff, a private process server, or any adult resident of the state who is not a party to the lawsuit.  Service by mail is not recommended.  If you choose an adult resident, fill out A25 (Affidavit of Service), which you will find on the website. Only fill the top portion. If you need a professional process server contact one through the link below or go to the Sheriff's Office (in the Safety Building room 201A next to the Milwaukee County Courthouse) and have the Sheriff serve your spouse.  Each sheriff will not serve papers outside of his/her county jurisdiction.  If the service is to be made outside of the county, contact the sheriff for that county or a private process server to make service arrangements.  CLICK HERE FOR PROCESS SERVER DIRECTORY   Back to the top.

You will need three things: two stamped envelopes and a $5.00 money order.  You will need to prepare a self-addressed $1.00 stamped letter-sized envelope (make it a large one) and another one with your spouse's address on it in LARGE clear block lettering. (If you do not have your spouse's address, place the last address known to you.) Make sure you place the address of where you and your soon to be ex will be living in four months.  Print your case number on the top right of each envelope and print your name and address as the return address for BOTH envelopes. These envelopes will be used by the clerks at the courthouse after you see the judge to mail both of you your legal signed paperwork.  This is required. 

You may also need a filing fee.  Some counties will require a docketing fee.  Obtain a $5 money order made payable to CLERK OF CIRCUIT COURT. (If the fees were waived, forget about this fee.) Enter your name and case number on the money order.  This fee will be used at the very end to pay the staff at the courthouse to record your family law action and make it official to the world that you were, in fact, divorced, etc.  

You will also need to finish the A12 form.  The day you serve the clerk of courts and the family court commissioner's office with the originals of your paperwork is when the 120 day waiting period (there is a calculator on the website and the link is below- play it safe and add 121 days) starts if this is an agreed-upon divorce, legal separation. If this is not agreed upon and there is no signed A10, then the 120 days commenced after the initial service of an authenticated copy of the summons and petition are served on your spouse or the 1st day of publication. Place this 120 day date in section #3 of your A12 form.  FREE TOOL! WANT A 120 DAY CALCULATOR TO GET YOUR FINAL DATE!? JUST CLICK HERE!  File the envelopes and money order in the folder marked:  Court forms to file on VISIT #2    Back to the top.

Yes.  Copy your case number on all your other legal documents. Two weeks after filing your paperwork, fill out the A12 form. Place original and copies in the folder marked:  Court forms to file on VISIT #2  Back to the top.

Have your spouse date and sign the A10 page and each page of the A21 at the very bottom. YES, each page of A21. (A14 also if you have children. Yes each page.)  Make 4 copies of each document.  Have each separated A21 packet stapled.  Each signature must be dated and give your spouse a copy of these legal documents. Place originals and copies in the folder marked:  Court forms to file on VISIT #2  Back to the top.

AFFECTS OF DIVORCE ON CHILDREN CLASSES

If you are lucky to live in Milwaukee, both parents are supposed to obtain a Parental Education Certificate immediately. YES, BOTH MUST ATTEND A 4 HOUR SESSION ON HOW TO RELATE WITH ONE ANOTHER! SPEAK WITH THE FAMILY COURT COMMISSIONER (RM.707), TO GET A WAIVER IF OTHER PARENT REFUSES TO ATTEND. The cost is $35 and 4 hours of your precious time. The courts will give you more information if this applies to you. After the class place original proof that you have attended in the folder marked:  Court forms to file on VISIT #2   Back to the top.

Fill out A28 (Order for Pre-trial). Place originals and copies in the folder marked:  Court forms to file on VISIT #2 Do this after you know your spouse has been served following 20 days after service. This form is used to summon your spouse to the court for a pre-trial or default hearing. If s/he shows up then the Judge will set it over for trial. If s/he does not show up the Judge may grant you your relief requested. Place Form A25 on top of Form A28   Back to the top.

Take your folder marked:  Court forms to file on VISIT #2, which should contain your two envelopes, A12, B7, and A0, and $5 money order to your courthouse.  If this matter is uncontested try to find the Family Court Commissioner's office.  If this matter is contested find your assigned judge.  Present the paperwork to the family law clerk and ask for a hearing final date and time if this is a friendly action.  Ask for a pre-trial date if you cannot find your spouse or if you cannot get him/her to sign the documents.  It is better to walk in with a specific time and day in mind. Now each county has their own policies. So each one is very different in securing a court date. All the copied forms must be paper-clipped together in a neat and orderly appearance. Inquire about the room number for final hearing or the pre-trial date.  If it is final court date, it cannot be less than 120 days after your spouse was served in divorce or legal separation cases.    Present the paperwork in the following manner: 

Form A25 or an affidavit of service secured from the sheriff or process server. (Only if spouse has not signed A10)

Form A10 Signed Admission on top of

Form A13 Findings pg. 1 on top of

Form A132 Findings pg. 2 on top of

Form A19 Notice on top of

Form A19A Notice on top of

Form A21 MSA on top of

Form A21P PMSA on top of (Only necessary if this matter is being contested.)

Form A28 Order to Appear on top of (Only necessary if this matter is being contested.)

Form A14 Parenting Agreement. (Only if you have children.)

Form A11 Financial remains unattached.

Form A17 Disbursement Order remains unattached. (Only if you have children or there is maintenance.)   Back to the top.

[Disregard this step if you have a signed A10.]  Serve the A28 on your spouse just like you served your A2 and A3, if this is a contested case or you cannot find your spouse.  Back to the top.

[Disregard this step if you have a signed A10.]  Once service has been completed of the A28 give the A25 form to the friend who served your spouse or the Sheriff/process server will give you his/her Affidavit of Service. Place a paper-clipped original and two copies of either document in the folder marked:  Court forms to file on VISIT #3  Back to the top.

On your hearing date, arrive one-half hour early and check in with the clerk. The petitioner must appear on the court date or the case will be dismissed.  When the case is called, proof of service must be filed.  This should be a sworn statement in writing signed by a process server.  (The A10 will do if it was signed.)  The judge will weigh the evidence and render a decision.  Once judgment is granted, it will be entered on the court record by the clerk of circuit court and it will be mailed to each party at their last known address.  You will receive your signed judgment in your mail in approximately 3 - 4 weeks. File these in your folder marked:  MY LEGAL FORMS  

If either party objects to the decision, see a lawyer immediately.   Back to the top.

If there is child support, check with the court to see if a Disbursement Order (rm 707) is on file. Have your Judge sign it and process if there are children or there is maintenance.

Once you have finished a contested trial, the judge will ask you to draft the findings (Form A13 and A132). Draft any appropriate findings in #14 of Form A13 and orders in #25 of Form A132. And A19 and A19A if you have children.  Back to the top.

If you divorced, you cannot get married for another 182.50 days AFTER THE JUDGE SIGNS YOUR FINDINGS OF FACT AND CONCLUSIONS OF LAW - JUDGMENT OF DIVORCE ETC. (FORMS A13, A132) ANYWHERE IN THE UNIVERSE! YES, EVEN IF YOU MOVE OUT OF WISCONSIN!!

WARNING!: Health and life insurance as well as real estate and major property issues must be addressed immediately following a divorce, legal separation, and annulment!!! For any post family law action you should consult with a competent lawyer immediately. Pension and tax issues are very important, look for a competent lawyer NOW! 

If you change your name back to your maiden name post-divorce, please advise the Social Security Administration of your name change immediately to avoid lots of tax hassles etc.! They will require some sort of official documentation. The SSA's number is 1-800-772-1213. Also fill out tax form 8822 if there was a name change. The cheapest way is to get your driver's license renewed with a copy of your divorce papers and then show SSA your new driver's license - but you must fill out the 8822 tax form!  But always keep in mind and see a specialist NOW to address all issues in your family law matter.   Back to the top.

If you you still have questions regarding the procedure, please call 414-403-9000.  There is no charge for simple procedure questions not covered in these instructions.  Attorney Romero does not give out advice over the Internet.  Or e-mail Ernesto Romero.  (A very detailed e-mail is preferred.)  Or you may write Attorney Romero at:  P.O. Box 747, Milwaukee, WI 53201-0747.

IMPORTANT:  Contact local authorities if this involves an emergency.

Copyright (c) by Ernesto Romero, The Romero Law Office 2002.  All rights reserved.  Back to the top.