FA-4100E Pro Se, 04/08 Basic Guide to Divorce/Legal Separation
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1.
2.
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Basic Guide to Divorce/Legal Separation
La Crosse County
Table of Contents
Basic Steps for Getting a Divorce or Legal Separation
Important Court Related Offices and Services
Legal Issues to Consider
County Checklist
https://prosefamily.wicourts.gov
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Complete any other documents required after the final hearing. Sign car titles and real estate deeds,
complete documents to divide pension plans (QDRO), change beneficiaries on life insurance policies, revise
your will, and other matters when appropriate.
10.
Attend your final hearing. Arrive early, be prepared, bring your paperwork, and be polite.
9.
a.
b.
c.
d.
Complete your paperwork for the final hearing:
Marital Settlement Agreement (if you and your spouse can agree on everything) or a Proposed Marital
Settlement Order (if you don't agree).
Financial Disclosure Statements
Findings of Fact, Conclusions of Law, and Judgment of Divorce
Vital Statistics Form (from the Clerk of Circuit Court office).
8.
Obtain a date and time for the next hearing. In some counties the court automatically schedules the next
hearing. In other counties you may have to contact the court to schedule the next hearing. This next hearing,
depending on the county, may be the final hearing.
7.
If there are minor children, complete any required parenting programs and file any required Parenting
Plans. Some counties may require the parents to complete programs concerning the effects of divorce on
children as a condition to obtaining a divorce.
6.
Obtain a Temporary Order (if needed).
If you completed the Order To Show Cause and Affidavit for Temporary Order you must attend the Temporary
Hearing you requested to have a temporary order issued.
If you and your spouse reach an agreement, you can complete and file a Stipulation for Temporary Order.
If you and your spouse don't believe it is necessary to have a formal temporary order, you may ignore this step
at this time. If the situation changes before the final hearing, either spouse may seek a temporary order.
5.
Deliver (or serve) copies of the documents to those who must receive them. In order for the court to hear
the case, your spouse must be provided with copies of the summons, petition, confidential petition addendum,
and proposed parenting plan and proof of that service must be filed with the Clerk of Circuit Court.
4.
File the Action. The summons and petition (or joint petition) for divorce or legal separation and confidential
petition addendum must be filed and a fee paid to the Clerk of Circuit Court. (Note: There is a mandatory
120-day waiting period before the court can hear the final hearing.)
3.
Decide If You Need a Temporary Hearing. You may request a temporary hearing before the Family Court
Commissioner by completing an Order to Show Cause and Affidavit for Temporary Order if you and your spouse
cannot agree on any of the following issues:
Use of automobiles or other personal property
Payment of bills
Payment of maintenance or spousal support
Child Custody
Child Placement
Child Support
Use of the family residence
2.
Decide How You Will File. You need to decide if you and your spouse will be signing the Petition together (filing
jointly) or if only one of you will be completing the forms to start the action (filing alone).
1.
10 Basic Steps for Getting a Divorce or Legal Separation
Even though each county may do things a little differently, or call various hearings by different names, there is a basic
structure to how a divorce or legal separation will proceed in Wisconsin.
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Important Court Related Offices
Family Court Division
Physical Address:
Courthouse and Law Enforcement Center
333 Vine Street
La Crosse, WI 54601
Mailing Address:
Same
Phone:608-785-9590
Contact:Clerk of Courts
Directions:1st Floor, Room 1200
Family Court Commissioner's Office
Family Court Commissioner:Gloria Doyle
Physical Address:
Room 2500
333 Vine Street
La Crosse, WI 54601
Mailing Address:
Same
Phone:608-785-5600
Contact:Tammy
Directions:2nd Floor - Room 2500 - across from elevator.
Child Support Division
Physical Address:
Administrative Center
400 Fourth Street North - Room 2160
La Crosse, WI 54601
Mailing Address:
Same
Phone:608-785-9564
Directions:Located in Administrative Center on the 2nd Floor - Room 2160
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333 Vine Street - Room 1500
La Crosse, WI 54601
Address:
Americans With Disabilities Act
If you need accommodations for a disability contact:
Clerk of Courts
608-785-9590
Notary Public Services
Directions:Room 1200 - at the top of the stairs from the
entry level
Fee:None
Location:Clerk of Courts
Copy Services
A copy machine is available in the Courthouse and Law
It is located in Enforcement Center. Clerk of Courts -
for per page.Room 1200 $1.25
The Clerk will make copies for you for per page.$1.25
Court Self-Help Center/Services
You may go to the Court Self-Help Center for assistance.
Physical Address:
333 Vine Street - 2nd Floor
La Crosse, WI 54601
Phone:608-785-5600
Contact:Family Court Commissioner
Directions:2nd Floor Lobby
Office Hours:Tues & Thurs 11:45 to 1 - Please call to
verify volunteer available
Fee for Services:None
Fee for Forms:$20.00
Forms are available at:
Location:Clerk of Courts
Cost of Divorce Form Packets:$20.00
Important Court Related Offices
Process Service
Sheriff's Department
Name/Agency/Unit:Sheriff Department
Phone:608-785-9629
Fee:$80.00 A prepayment fee is charged.
Other Professional Process Services Available Locally
There are private process servers in La Crosse County.
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Legal Issues to Consider
Self-Representation (Pro Se)
Pro Se means to represent yourself in court without an attorney. There are significant risks and responsibilities to doing so.
You should explore the risks and determine if you can fulfill the responsibilities required. Your case may be too complex to
handle on your own. Sometimes when people represent themselves, they have to hire an attorney to "fix" their mistakes. It
may cost more to hire an attorney to "fix" the mistake than it would to have hired the attorney to handle it from the
beginning.
Court staff give legal advice to you. Court staff provide general information about court rules, procedures,cannot can
practices, and terms.
Jurisdiction: Where should you file?
Divorces and legal separations are filed in the county you currently reside, not where you were married.
To file for divorce in La Crosse County in Wisconsin, at least one of the parties must:
Be a for at least the immediately before the date the action is filed, andresident of the State of Wisconsin 6 months
Be a for at least the immediately before the date the action is filed.resident of La Crosse County 30 days
To file for legal separation in La Crosse County, at least one of the parties must:
Be a for at least the immediately before the date the action is filed, andresident of the State of Wisconsin 30 days
Be a for at least the immediately before the date the action is filed.resident of La Crosse County 30 days
Divorce, Legal Separation, or Annulment?
Divorce
Divorce a marriage. The court rules on such issues as the division of property, maintenance (spousal support), and ifends
necessary, arrangements for child support, legal custody, and physical placement. There is a 120-day waiting period to get
divorced. Once the divorce is granted, the parties cannot remarry anywhere in the world for at least six months.
Spouses do not have to give reasons for wanting a divorce. Wisconsin is a "no fault" divorce state, which means neither
spouse must prove that the other has done anything wrong, and only one spouse must testify under oath that he or she
believes that the marriage is irretrievably broken. A marriage is irretrievably broken when there is no chance for
reconciliation.
Legal Separation
Legal separation a marriage. The court rules on the same issues as for divorce. The forms, instructions,does not end
procedural information, and waiting period (120 days) for obtaining a legal separation are also the same as those for
divorce. Spouses are free to reconcile at any time. Spouses cannot marry another person while they are legally separated.
If the spouses agree, they may convert the legal separation to a divorce at any time. If they do not agree, either spouse may
convert the legal separation into a divorce by filing a motion to do so after one year from the date the legal separation was
granted. The parties may not remarry anywhere in the world for at least six months from the day the legal separation is
converted to a divorce.
Spouses do have to give a reason why they are requesting a legal separation and not a divorce. Both of the spouses will
have to give testimony under oath that the marital relationship is broken.
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Annulment
An annulment is a court procedure that declares that a marriage never existed. However, a court may annul a marriage only
under limited circumstances. A short term marriage IS NOT a legal reason for annulment. See Wisconsin Statute 767.313
for the acceptable reasons to request an annulment. The forms, instructions, and procedural information provided by the
Wisconsin Court System designed to be used to request an annulment. You should seek legal assistance if you feelare not
you qualify and would like to file an annulment.
Other Issues To Consider
Legal Custody
Legal custody refers to the major decision-making authority for a minor child, including but not limited to decisions regarding
consent to marry, enter military service, obtain a driver's license, authorization for non-emergency healthcare and choice of
school and religion. Wisconsin law presumes that it is in the best interest of the minor child that the parents be granted joint
legal custody. Joint legal custody means that parent's legal custody rights are superior, except as ordered by theneither
court or agreed to by the parents. A court may find that awarding joint legal custody would be harmful to the minor child and
order sole legal custody to one parent.
Physical Placement (visitation)
Physical placement refers to the right to have a minor child physically placed with a parent. It gives that parent the right and
responsibility to make, during that placement, routine daily decisions regarding the child's care. One parent may be awarded
physical placement with the other parent having periods of physical placement (visitation), or the parents may be awarded
shared physical placement.
Mediation
It is recommended that the parents come to an agreement as to the legal custody and physical placement of their children.
If they cannot, and a dispute arises, the court will order that the parents attend a mediation session. If the parents are still
unable to come to an agreement, the court may make other orders, including the appointment of an attorney to represent
the interests of a minor child (Guardian ad Litem), and the completion of a Proposed Parenting Plan. In making a final
decision on legal custody or physical placement, the court will consider all factors related to the best interest of the child,
including those listed in WI Statute 767.41, which is available at the following website:
http://www.legis.state.wi.us/Statutes/Stat0767.pdf
Personal Safety Issues
If your case involves minor children, and you have serious reason to believe that your health, safety, or liberty or that of a
minor child would be jeopardized by the disclosure of certain identifying information both in paper and electronic records,
you may request that identifying information be sealed from the public or the other party until a hearing is held. Once you
have completed the forms (GF-177 and GF-178), the court will schedule a hearing. At that hearing you will have to convince
the judge that it is in the interest of justice for the information to continue to be sealed.
Child Support
The court shall order either or both parents to pay child support for a child who is:
Under the age of 18, or
Age 18, but less than 19 and pursuing an accredited course of instruction leading to a high school diploma or its
equivalent.
Payments for are generally intended to include basic support costs including food, shelter, clothing,child support
transportation, personal care, and incidental recreational costs. Under a shared placement circumstance, parents may also
be required to pay (reasonable expenses above basic support costs) in addition to child support, includingvariable costs
child care, tuition, a child's special needs, or other activities that involve substantial cost.
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Child support is calculated based upon the percentage standard guidelines established by the State of Wisconsin
Department of Workforce Development's (DWD) Chapter 40. Not every family situation is the same, so the approach
The court may order an alternativethat applies to a specific situation may be somewhat different from the guidelines.
that is greater or less than the guidelines if the use of the guidelines is unfair to one of the parents or children based on the
circumstances, including but not limited to shared-placement, split-placement, low-income, high- income, or serial-family
payer circumstances. The percentage standard guidelines are based on the payer's "gross" (pre-tax) income or earning
capacity and the number of children in the payee's care. The guideline percentage amounts are:
17% for one child
25% for two children
29% for three children
31% for four children
34% for five children
For more specific information about how to calculate child support, parents may refer to DWD Chapter 40 Calculator which
is available at the following website: http://www.dwd40calculator.com/index.cgi
Maintenance (Spousal Support)
A spouse seeking support from the other spouse may request maintenance in the divorce or legal separation. The court
may order maintenance for a limited or indefinite length of time. When considering whether to award maintenance, the court
will look at all of the circumstances of the parties, including but not limited to, the factors listed in WI Statute 767.56. This
statute is available at the following website: http://www.legis.state.wi.us/Statutes/Stat0767.pdf
Family Support
Family support is a combination of child support and maintenance in a single order.
NOTE: There may be tax consequences for child support, maintenance, and/or family support payments.
Property Division
Wisconsin presumes that all property, other than property that a party receives as a gift or through inheritance, will be
divided equally (after considering all debts). To achieve an equal division of property, the judge may award property to one
party and a cash payment to the other party. The judge may divide property unequally after considering the factors
described in WI Statute 767.61, which is available at the following website:
http://www.legis.state.wi.us/Statutes/Stat0767.pdf
If the spouses agree on how to divide all their property, they must provide a description of which spouse will receive which
property. This also applies to the property that may have already been divided. If the spouses have already divided the
property, or it is only in one spouse's name, they must still tell the court which spouse will get what property and
the value of that property.
Debts and Obligations
The spouses must disclose all debts, regardless of who they believe will be responsible for them. The judge will
determine which spouse is responsible to pay the debts and other obligations after considering any agreements between
the parties. Even if the judge orders one spouse to pay certain debts after divorce/legal separation, creditors are not bound
by the court order established in Family Court and may seek payment from the other party if the party ordered to make the
payments doesn't pay or files for bankruptcy. If this occurs, the party may request relief from the Family Court, but only if a
specific order was established for payment of the debt or obligation.
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A.
B.
C.
File the Action
You may go to the Court Self-Help Center for assistance.
Make 3 copies each of the following:
Summons
Petition
Confidential Petition Addendum
Order to Show Cause and Affidavit for
Temporary Order
or
Joint Petition
Confidential Petition Addendum
Take the original and the 3 copies to the Clerk of Courts office.
In all counties except Milwaukee, the Clerk will collect the $175.00 filing fee (if there are no minor children or
there is not a request for maintenance) or the $185.00 filing fee (if there are minor children or there is a
request for maintenance).
In Milwaukee County, the Clerk will collect the $178.50 filing fee (if there are no minor children or there is
not a request for maintenance) or the $188.50 filing fee (if there are minor children or there is a request for
maintenance).
The clerk will also collect for $40.00 Families First.
3.
Decide If You Need a Temporary Hearing
If NO,skip to #3If Yes, complete the following form(s):
Order to Show Cause and Affidavit for
Temporary Order
These form(s) provide a place for the court to assign a
Temporary Hearing date. The parties given a dateare
for this hearing at the time of filing.
This date is provided by the Family Court
Commissioner
Go to #3
2.
Decide How You Will File
Jointly: Complete a
Joint Petition form
Confidential Petition Addendum form
Alone: Complete a
Summons form
Petition form
Confidential Petition Addendum form
1.
Procedural Checklist
If you cannot afford the fees, and consider yourself indigent (low income), you may obtain a Petition for Waiver of Court
at Once completed and notarized the party takes the waiver form to the Costs and Fees the Clerk of Courts office. Family
The will review the form Once reviewed, the form will beCourt Commissioner. Family Court Commissioner when available.
returned for filing to you.
The clerk will return the necessary copies to you for distribution as follows:
Original for the court
1 copy for each party
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Obtain a Temporary Order (if needed)
If you completed the Order To Show Cause and Affidavit for Temporary Order you must attend the Temporary
Hearing you requested to have a temporary order issued.
If you and your spouse reach an agreement, you can complete and file a written stipulation (agreement) for a
temporary order.
If you and your spouse don't believe it is necessary to have a formal temporary order, you may ignore this step at
this time. If the situation changes before the final hearing, either spouse may seek a temporary order.
1.
2.
3.
4.
5.
6.
By Stipulation
Complete the Stipulation for Temporary
Order.
Both you and your spouse, and the Child
Support Agency if you are receiving public
assistance, must approve and sign the form.
You may go to the Court Self-Help Center for
assistance.
Make 2 Copies.
Send or deliver the original and of the2 Copies
following documents to the Clerk of Court's
office:
Stipulation for Temporary Order
Once filed, a Court Official will review the
Stipulation. The Clerk of Circuit Courts will not
mail a copy back to you.
1.
2.
By Temporary Hearing
Prepare and take with you the following items to
court on the date of the Temporary Hearing,
which is located in Family Court Commissioner
Conference Room.
Directions:1st Floor - down hallway thru double
doors - 1st conference room on left:
Completed financial disclosure forms
Following the Temporary Hearing, the Family
Court Commissioner completes the order during
This orderthe hearing on standard order form.
will remain in effect until the divorce or legal
separation is final, or otherwise modified by the
court.
5.
A.
B.
C.
D.
E.
Deliver (or serve) copies of the documents to those who must receive them.
(See the for Additional Information)Service Packet
Clerk of Court Office will deliver a copy to the Family Court Commissioner's Office.
If you receive public assistance, deliver a copy to the Child Support Agency.you must
Have your spouse served with the following documents (if not filing jointly):
Summons
Petition
Confidential Petition Addendum
Proposed Parenting Plan
Obtain a completed and signed form (proof of service) from the individual who served yourAffidavit of Service
spouse or an form (proof of service) signed by your spouse.Admission of Service
File Proof of Service with the Clerk's office.
4.
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A.
B.
Obtain a Date and Time for the Next Hearing
(if not already automatically assigned)
If your divorce is
Stipulated: To receive a Divorce Hearing,which may be your final court date,you must file the following with
the court at which time the court schedules the final hearing:
Marital Settlement Agreement
Financial Disclosure Statement
Findings of Fact, Conclusion of Law and Judgment
Certificate of Divorce
Contested: To receive a Divorce Hearing,which may be your final court date,parties request that a
scheduling conference is scheduled with the court.
The date will then be assigned by the and you are notified Family Court Commissioner by mail from the court.
The following document(s) will accompany the notice: No documents accompany the notice
7.
If There Are Minor Children, Complete Any Required Parenting Programs And File Any
Required Parenting Plans
At the time of filing or when you obtained a court date, you may have been notified that there is a requirement to
attend a parenting education class or complete a Proposed Parenting Plan. If so, make sure you have done what
is required. If you are unsure about this requirement, ask the Clerk of Court or Family Court Commissioner in
your county.
6.
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Complete Any Other Documents Required After Your Final Hearing
If a divorce is granted, a form called the Certificate of Divorce/Vital Statistics must be completed. The form for
your divorce is completed by before the hearing one of the parties and needs to be submitted before the final
If you still need to complete it you may get it at hearing will be set. Clerk of Court Office.
If you did not receive copies of the Findings of Fact, Conclusions of Law and Judgment and attached Marital
Settlement Agreement forms immediately following your final hearing, you will receive a copy of them from the
court with the Judge's conformed signature in several days.
These documents serve as your final divorce papers and you must keep them for your records as proof of the
divorce.
If you agreed to exchange certain types of property you may be required to follow up with different government
offices and businesses with certain paperwork. For example, you may need to sign car titles and real estate
deeds, complete documents to divide pension plans (QDRO), change beneficiaries on life insurance policies,
revise your will, and other matters when appropriate.
10.
A.
B.
C.
Attend Your Final Hearing
Go to the assigned courtroom at least before your court time and let the bailiff or court clerk know10 minutes
for which case you are appearing (you may want to go even earlier to observe another hearing). Be prepared
with all your copies and documents and be polite to the court official, your spouse, or any other person that is in
the courtroom.
When your case is called, go to the front of the room and sit where directed by the court or the bailiff. Bring any
papers and documents with you that are related to the hearing.
Be prepared to testify under oath and answer questions that may be asked of you by the Court or your spouse.
If you wish to offer written evidence or documents to the court, give the original to the court and a copy to your
spouse.
9.
A.
B.
C.
Complete Your Paperwork for the Final Hearing
If you haven't already, you must the following documents prior to your final hearing:complete
Completed / updated financial disclosure statements
Attendance certificate from parent education class
Marital Settlement Agreement
Findings of Fact, Conclusions of Law & Judgment
Certificate of Divorce
If not filed already, the following documents need to be in the no later than filed Clerk of Courts Final hearing
days before the final hearing:will not be set until turned in
Completed / updated financial disclosure statements
Attendance certificate from parent education class
Marital Settlement Agreement
Findings of Fact, Conclusions of Law & Judgment
Certificate of Divorce
Parenting Plan
Bring the following original documents and the correct number of copies with you to the final hearing:
If applicable, deed for transferring of real estate (0 copies)
If applicable, car titles if they need to be signed and transferred (0 copies)
If applicable, forms for employer, if dividing pensions or retirement accounts (0 copies)
8.
