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May
I file and handle my own divorce without an attorney? Can
I change my mind later and hire an attorney?
Yes, but people who handle their own divorce
are still responsible for following all applicable family
court laws and procedures and for preparing ALL papers necessary
to complete the divorce. Generally, see Chapter 767 of the
Wisconsin Statutes in your local public library. You can
hire an attorney at any time.
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Are
there some things I could do for myself that could reduce
attorney or other legal costs?
If you file and handle your own divorce
you would not be paying an attorney, of course, but you
would still be responsible for the filing fee, fees to serve
legal papers and other possible costs. Also consider that
attorneys sometimes don't charge a fee for the first interview
session. You should check this out.
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What
is the difference between filing for a divorce, a legal
separation or an annulment?
A divorce is filed when a marriage is thought to be irretrievably
broken and you feel you want a permanent split-up. A legal
separation is when people are living apart but the marriage
is still legally binding. An annulment is filed when someone
seeks to undo or cancel a marriage because it wasn't or
hasn't been really "official" or legal under the laws of
Wisconsin.
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Where
do I get the forms to file for a divorce?
Office supply stores may have forms available.
Check the yellow pages of your phone directory or other
local directory for assistance.
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What
forms do I need to file for a divorce?
Look
for a summons and a petition if you are filing by
yourself against the other person. A joint petition can
be used if you are both filing together. Each party to the
divorce must file a financial disclosure statement. Also,
a Findings of Fact And Conclusions of Law will be required
at the final hearing.
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Do I
need to complete a medical questionnaire?
In
making an order of sole legal custody for children, the
court is required by Wisconsin statute to collect medical
history information from a parent. A form will be provided
for this purpose, is intended for the child's benefit, and
will be sent by the court to the child's primary health
care physician.
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What
are parenting classes and parenting plans and will I need
them?
If
you have minor children under 16, the court will order the
parents to attend an educational class providing training
in parenting or coparenting. There is a fee for attending
the class. In family cases where the parties have minor
children and in all paternity cases, a parenting plan may
be required. These forms are available at the Clerk of Circuit
Courts office.
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Where
do I file the divorce documents and how much will it cost?
In Sheboygan County, go to the Clerk of
Circuit Courts office on the first floor of the Courthouse and submit your documents
along with the correct filing fee, as follows:
With
children = $185.00
Without
children = $175.00
Filing
fees can change if the law changes. To ask about the current
fee either stop in at the Clerk of Circuit Courts office
or call 459-3827.
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What
if I don't have enough money to pay the filing fee?
You
may obtain additional forms at the office supply store called
a "Petition And Order For Waiver Of Costs/Fees", and "Affidavit
Of Indigency". Fill these out and bring them with you when
you come to file the divorce. Any waiver or partial waiver
of fees must be approved by a judge. Even if fees are initially
waived in full or in part, the judge may order the fees
paid at a later time in the divorce proceedings.
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What
if I don't know where the other person lives now -- how
do I serve papers on them?
You
must first make a reasonable effort to have the other person
personally served. If personal service is not possible,
you may do a "service by publication" in the county where
you know the other person last lived. The publication, or
legal notice, must be placed in the newspaper with the largest
circulation and must run at least 3 weeks in a row, once
each week.
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What
happens after I file divorce papers? Do I get a temporary
order? When, and what is it for?
After fees are paid and the appropriate documents filed, a meeting called a pretrial conference will be scheduled 120 days
from the date you filed your divorce. A temporary order
is needed if the people in the divorce (called parties to
the divorce) want an order during that 120 day period to
specify living arrangements, child responsibilities, if
any, and so on. The temporary order hearing is scheduled
with the Family Court Commissioner within 10 to 14 days
after filing. The temporary order remains in effect until
the final divorce hearing is completed and the final judgement
is granted.
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Are there any family court rules or procedures I need to follow
or know about? How do I get them?
You can request this information
from the Family Court Commissioner's office in accordance
with Chapter 767.081 Wisconsin Statutes, or ask the Clerk
of Circuit Courts. There is no charge for these documents.
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is responsible for writing and typing a court order or divorce
judgment after the hearing?
The person (or party)
who requested the hearing must prepare the order
for signature by the Family Court Commissioner or Judge.
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