QUICK TIPS FOR FILING YOUR WISCONSIN DIVORCE PAPERS

1. Keep a dated record of when each step in the divorce filing process was completed and retain a copy of all receipts.
2. Make several copies of the completed divorce documents for future use and reference.
3. Be sure you have the "Case Number" filled in before filing any documents with the County Clerk’s Office of the Family Court.
4. Be sure you have the "Court Title" filled in before filing any documents County Clerk’s Office of the Family Court.
5. Be sure all the criteria/information is correct to the best of your knowledge.
6. Be sure all the documents are signed, dated, and if necessary, notarized.
7. Do not hesitate to ask questions at the County Clerk’s Office of the Family Court. The employees there are the ones who will be facilitating your divorce. They fully understand the divorce process, and should answer your questions. Do not expect them to answer legally related questions, because they are not lawyers and they will immediately tell you that they do not provide legal advice.

The purpose of the Financial Disclosure Statement is to provide the court with ample proof of income and expenses of each spouse. It also shows the court that you and your spouse have shared pertinent financial information during the divorce process. Depending on the amount of income and expenses you and your spouse have will determine the time you will need to spend completing the Financial Disclosure Statement.

REMINDER: you should attach to the Financial Disclosure Statement a copy of your last 3 pay stubs or a W-2 statement to provide proof of your income. Also attach copies of any other documents that will help substantiate any other income recorded.

The "Wisconsin Child Support Worksheet" must be completed because it is often required to be submitted with the Joint Petition of Divorce and presented along with the Findings of Fact, Conclusions of Law, and Judgment at the time of the short hearing. Calculating child support involves addition and subtraction and should be carefully reviewed once the obligation amount has been determined. Please keep in mind, that you may deviate from the results of the worksheet if you and your spouse agree to do so. Wisconsin has specific deviation factors for child support within the Wisconsin state statutes.

Each one of your documents should be reviewed for accuracy and completeness. It is not time to take short cuts. Reading the same document several times before signing is very common. The documents are legal binding documents, so once they are signed you are obligated to what is stated by a court of law. Do not sign any of the documents unless you completely understand what they are conveying and what you are bound to by law.

When reviewing the documents you will notice the Marital Settlement Agreement is most often the longest of them all. The Marital Settlement Agreement outlines and resolves the issues of your divorce. It is a legal binding agreement between you and your spouse and must be signed and notarized. If you do not understand something or can not come to agreement (after lengthy negotiating) with your spouse, it is a wise choice to consult a lawyer in your area, because it would appear that your divorce is no longer uncontested.

Once you have reviewed all of the documents, it is time to go before a Notary Public. Some of the documents will need to have notarized signatures. Those documents that have a notary clause by the signature lines will need to meet this requirement.

The following documents should be prepared for the initial filing with the County Clerk’s Office of the Family Court. Keep in mind that some in the list below are not necessary if you do not have minor children.

• Joint Petition for Divorce (No Minor Children)
• Confidential Petition Addendum
• Marital Settlement Agreement (No Minor Children) - System version or State version
• Affidavit of Military Status
• Financial Disclosure Statement
• Request for Status Conference
• Joint Petition for Divorce (With Minor Children)
• Confidential Petition Addendum
• Affidavit Regarding Child Custody (attach to Petition)
• Marital Settlement Agreement (With Minor Children) - system version or state version
• Affidavit of Military Status
• Proposed Parenting Plan
• Schedule for Visitation/Parenting Time of Minor Children (attach to MSA and Parenting Plan)
• Financial Disclosure Statement
• Child Support Worksheet
• Order for Appearance
• Request for Status Conference

It is a good idea to make a few extra copies of the originals after they are signed. Take one of each copy and staple them together in the upper left corner in the exact order above. Do not use a paper clip, because if they do fall apart, it may get a little confusing. You now have a few extra packets of the documents: one for you, one for your spouse, the originals to file with the County Clerk’s Office of the Family Court, and one extra copy just in case you need it!

The originals (not the photocopies) will be filed with the County Clerk’s Office of the Family Court. Most courts require to file a copy of your "Marriage License", so be sure to have one ready. If you do not have a copy, try contacting the county court in which you where married. This court will have a records department and they will retrieve you a copy of your Marriage License for a small fee.

When filing your documents, you will be assigned your Case Number and this must be included on all the documents you file. Also ask for the Judge's (Master's or Referee's) name, so you can also include it on all the documents. If they do not have the Judge's name or it is not required in your county, then just leave it blank. Sometimes, due to case load, the County Clerk’s Office of the Family Court will not know who will be assigned to your case.

If for some reason you are requested to complete a few other standard forms or make minor changes or additions to your existing forms, be sure to comply, do not get upset or frustrated, because you only have these people to help you. These additional forms will be short and can often be completed in the office at the time of filing.

There is a fee for filing and that fee varies from county to county through Wisconsin and depending upon your divorce situation. Your situation typically yields a lower filing fee, because you and your spouse are in agreement and filing as Joint Petitioners. This is the easiest and most simplistic way to file for a divorce in Wisconsin.

After you have filed the Joint Petition of Divorce and the other documents, you will be waiting for a hearing date. Sometimes they are able to give you a date immediately, but if you have not received any correspondence from the County Clerk’s Office of the Family Court within 60 days, be sure to give them a call and always reference your Case Number.

On your hearing date you will be given a location to go to and a time to appear in front of a Judge (Master or Referee) of the Family Court. The Judge will have everything pertaining to your case that has been filed on hand. It is at this hearing you will present the following final divorce documents:

• Findings of Fact, Conclusions of Law, and Judgment
• Parties Approval of Findings of Fact

The Judge will grant you a divorce under the conditions of the Findings of Fact, Conclusions of Law, and Judgment presented. You may be required to give short testimony at the hearing verify your personal information and that the facts in the Findings of Fact, Conclusions of Law, and Judgment are correct to the best of your knowledge. Giving testimony can be a stressful experience, so a step-by-step outline to follow on paper is always recommended. Divorce testimony guidelines are often available at the courthouse library or the Clerk's Office. Do not be alarmed if the Judge begins to ask you questions. He or she should do so in order to make sure you are in full understanding of the legal issues at hand. The Judge will know that you and your spouse have not been represented by legal counsel, so he or she will want to make sure you understand everything. Remember you are "pro se", which means you represent yourself.

Once the Judge has agreed to sign your Findings of Fact, Conclusions of Law, and Judgment you are officially divorced! If for some reason the judge does not agree with the Findings of Fact, Conclusions of Law, and Judgment (this almost never happens in an uncontested divorce) do not worry, the Judge will discuss the issues at hand and request a few adjustments to be made. You simply leave the hearing and make the minor adjustments and file the modified Findings of Fact, Conclusions of Law, and Judgment, at which point the Judge will sign it at a later date and grant your divorce.