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Fillable Printable Joint Petition for Divorce with Minor Children - Wisconsin
Fillable Printable Joint Petition for Divorce with Minor Children - Wisconsin
Joint Petition for Divorce with Minor Children - Wisconsin
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FA-4110V, 05/12 Joint Petition-With Minor Children §§767.215 and 822.29, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 1 of 7
Enter the name of the
county in which you are
filing this case.
STATE OF WISCONSIN, CIRCUIT COURT,
COUNTY
For Official Use
Enter the wife’s name.
In RE: The marriage of
Joint Petitioner-Wife:
First name Middle name Last name
Address
Address
City State Zip
and
Enter the wife’s address.
On the far right, check
divorce or legal
separation.
Joint Petition
With Minor Children
Divorce-40101
Legal Separation-40201
Case No.
Enter the husband’s name.
Joint Petitioner-Husband:
First name Middle name Last name
Address
Address
City State Zip
Enter the husband’s
address.
Note: Leave case number
blank; the clerk will enter
it.
Enter the wife’s date of
birth [month, day, year].
A.
We are providing the following information about the wife:
1.
Date of birth .
For 2, 3 and 4, check yes
or no.
Military personnel:
Please see Basic Guide to
Divorce/Legal Separation.
2.
Immediately before filing this petition, the wife will have lived in this county for 30
days or more.
Yes No
3.
Immediately before filing this petition, the wife will have lived in the state of
Wisconsin for 6 months or more.
Yes No
4.
The wife is currently on active duty as a member of the Armed Forces of the United
States of America or its allies.
Yes No
Enter the husband’s
date of birth [month, day,
year].
B.
We are providing the following information about the husband:
1.
Date of birth .
2.
Immediately before filing this petition, the husband will have lived in this county for
30 days or more.
For 2, 3 and 4, check yes
or no.
Military personnel: Please
see Basic Guide to
Divorce/Legal Separation.
Yes No
3.
Immediately before filing this petition, the husband will have lived in the state of
Wisconsin for 6 months or more.
Yes No
4.
The husband is currently on active duty as a member of the Armed Forces of the
United States of America or its allies.
Yes No
C.
We are providing the following marriage information:
Enter the date [month, day,
year], city, and state in
which you were married.
1.
We were married on (Date) .
2.
We were married in (City) (State) .
3.
We are filing for
Check a or b. If b, explain
why you are filing for a
legal separation and not a
divorce.
a.
Divorce. This marriage is irretrievably broken.
Joint Petition – With Minor Children Page 2 of 7 Case No. _______________
FA-4110V, 05/12 Joint Petition-With Minor Children §§767.215 and 822.29, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 2 of 7
b.
Legal Separation. This marriage is broken and the reason we are requesting
a legal separation and not a divorce is .
4.
Previous Actions
Check a or b. If b, enter
the county and state in
which it was filed, the
case number assigned to
it, and check yes or no to
indicate if the case has
been dismissed.
This is the first time that either my spouse or I have filed for divorce or legal
separation from each other in Wisconsin or in any other state:
a.
Yes
b.
No: County
State
Case No.
Has this case been dismissed? Yes No
Check yes or no.
5.
This is the wife’s first marriage. Yes No
If no, respond to 5a-5d
with information about
the wife’s most recent
previous marriage.
a.
The wife was previously married to
b.
The marriage was terminated by divorce. death.
c.
Date of the divorce or death
d.
The divorce was granted in:
Name of court
City State
If the wife had an
additional previous
marriage, respond to 5e-
5h.
e.
The wife was also previously married to
f.
The marriage was terminated by divorce. death.
g.
Date of the divorce or death
h.
The divorce was granted in:
Name of court
City State
If the wife had more than 2 previous marriages, repeat 5e-5h on an additional sheet.
Check yes or no.
6.
This is the husband’s first marriage. Yes No
If no, respond to 6a-6d
with information about
the husband’s most recent
previous marriage.
a.
The husband was previously married to
b.
The marriage was terminated by divorce. death.
c.
Date of the divorce or death
d.
The divorce was granted in:
Name of court
City State
If the husband had an
additional previous
marriage, respond to
6e-6h.
e.
The husband was also previously married to
f.
The marriage was terminated by divorce. death.
g.
Date of the divorce or death
h.
The divorce was granted in:
Name of court
City State
If the husband had more than 2 previous marriages, repeat 6e-6h on an additional
sheet.
In 1, enter the name and
date of birth [month, day,
year] for each minor
child.
If you and your spouse do
not have minor children
together, check None.
In 2, enter the name and
date of birth [month, day,
year] for each adult child.
If you do not have adult
children, check None.
D.
We are providing the following information regarding our children:
1.
The minor children (age 17 or younger) born to or adopted together by us before or
during our marriage are
None.
Name of Minor Child
Date of Birth
2.
The adult children (age 18 or older) born to or adopted together by us before or
during our marriage are
None.
Joint Petition – With Minor Children Page 3 of 7 Case No. _______________
FA-4110V, 05/12 Joint Petition-With Minor Children §§767.215 and 822.29, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 3 of 7
Name of Adult Child
Date of Birth
In 3, enter the name and
date of birth [month, day,
year] for each other child.
If you do not have other
children, check None.
3.
Other children born to the wife during this marriage, but not fathered by the husband are
None.
Name of Child
Date of Birth
4.
To the best of our knowledge, the wife in this marriage
In 4, check a or b.
a.
is currently pregnant. (An attorney [guardian ad litem] for the unborn child will
be required if the husband is not the father.)
b.
is not currently pregnant.
In 5, check a, b, c or d.
If d, enter the current
address of the minor
children. If the children
currently reside at separate
addresses, provide those
addresses on an additional
sheet.
5.
The current address of the minor children is
a.
with mother at above address.
b.
with father at the above address.
c.
with both mother and father at the above addresses.
d.
at the address below:
Address
Address
City State Zip
In 6, enter any previous
addresses for the minor
children living with the
parents during the past 5
years. If none check
“none.”
6.
Previous addresses for the minor children is
None (the children have lived at the current address for the last five years).
Address
Address
City State Zip
If the children have lived in
more than 2 places over the
past 5 years, provide those
addresses on an additional
sheet.
Address
Address
City State Zip
In 7, check yes or no.
7.
Currently, or during the last 5 years, one or more of the minor children lived with a
person other than a parent.
Yes No
If yes, enter the name of
that minor child and the
name and address of the
person with whom that
child lived.
Child
Person
Address
Address
City
State Zip
Attach an additional sheet,
if necessary.
Child
Person
Address
Address
City
State Zip
Child
Person
Address
Address
City
State Zip
In 8, check a or b.
8.
We have been (or we have been aware of others who have been) a party, witness or
participated in another way in other past court proceedings concerning the custody
of or physical placement or visitation with the minor children listed in D1 or D3, in
Wisconsin or in any other state.
Joint Petition – With Minor Children Page 4 of 7 Case No. _______________
FA-4110V, 05/12 Joint Petition-With Minor Children §§767.215 and 822.29, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 4 of 7
If a, enter the name of the
court in which it was
ordered, the case number
assigned to it, and date it
was ordered.
a.
Yes and the custody, physical placement, or visitation order was granted in:
Name of court
Case Number Date
b.
No.
In 9, check a or b.
9.
We are aware of a proceeding that could affect the current proceeding, including
proceedings for enforcement and proceedings related to domestic violence,
protective orders, termination of parental rights, or adoption concerning the children
listed in D1 or D3, in Wisconsin or any other state.
If a, enter the name of the
court, the case number
assigned to it, and the nature
of the proceeding.
a.
Yes and the proceeding that could affect the current proceeding is in:
Name of court
Case Number
Nature of Proceeding
b.
No.
In 10, check a or b. If a,
attach a copy of the
written agreement.
10.
We have made written agreements or received orders from the court about some or
all of the matters in this action such as maintenance (spousal support), child support,
legal custody or physical placement of the minor children, or property division.
a.
Yes, and we have attached a copy of the written agreement to this Petition.
b.
No.
We consent to jurisdiction and waive service of summons.
WE ASK THAT THE COURT:
If you are requesting
maintenance, child
support and/or family
support at this time,
check yes. If not, check
no.
1.
Grant a judgment as requested.
2.
Enter an order granting maintenance, child support and/or family support.
Yes No
3.
Enter other orders as it deems just and equitable.
ACTS PROHIBITED BY STATUTE
In accordance with §767.117, Wis. Stats., neither joint petitioners to this divorce or legal separation
action can participate in any of the following activities while this action is pending:
1. Harassing, intimidating, physically abusing or imposing any restraint on the personal liberty of the
other party or a minor child of either of the parties.
2. Encumbering, concealing, damaging, destroying, transferring, or in any other way disposing of
property owned by either or both of the parties, without the consent of the other party or an order of the
court or the Circuit Court Commissioner, except in the usual course of business, in order to secure
necessities or in order to pay reasonable costs and expenses of the action, including attorney fees.
3. Establishing a residence with a minor child of the parties outside the state of Wisconsin or more than
150 miles from the residence of the other party within the state without the consent of the other party or
an order of the court or Circuit Court Commissioner.
4. Removing a minor child of the parties from the state of Wisconsin for more than 90 consecutive days
without the consent of the other party or an order of the court or Circuit Court Commissioner.
5. Concealing a minor child of the parties from the other party without the consent of the other party or
an order of the court or Circuit Court Commissioner.
Joint Petition – With Minor Children Page 5 of 7 Case No. _______________
FA-4110V, 05/12 Joint Petition-With Minor Children §§767.215 and 822.29, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 5 of 7
A VIOLATION OF THE ABOVE PROHIBITIONS MAY RESULT IN PUNISHMENT FOR
CONTEMPT, WHICH MAY INCLUDE MONETARY PENALTIES, IMPRISONMENT, AND
OTHER SANCTIONS AS PROVIDED FOR IN §785.04, WIS. STATS.
A violation of paragraphs 3, 4, or 5 above is not a contempt of court if the court finds that the action
was taken to protect a party or a minor child of the parties from physical abuse by the other party and
that there was no reasonable opportunity under the circumstances for the party to obtain an order
authorizing the action.
These PROHIBITIONS apply until the action is dismissed, a final judgment in the action is entered, or
the court orders otherwise.
STOP!
Take this document to a Notary Public BEFORE signing.
After the wife has been
sworn by a Notary Public,
she must sign and print
her name and date the
document in front of the
Notary Public.
Wife
Print or Type Name
Date
Have the Notary Public
sign, date, and seal the
document.
State of
County of
Subscribed and sworn to before me on
Notary Public/Court Official
Name Printed or Typed
My commission/term expires:
(Seal)
STOP!
Take this document to a Notary Public BEFORE signing.
After the husband has
been sworn by a Notary
Public, he must sign and
print his name and date
the document in front of
the Notary Public.
Husband
Print or Type Name
Date
Have the Notary Public
sign, date, and seal the
document.
State of
County of
Subscribed and sworn to before me on
Notary Public/Court Official
Name Printed or Typed
My commission/term expires:
(Seal)
Joint Petition – With Minor Children Page 6 of 7 Case No. _______________
FA-4110V, 05/12 Joint Petition-With Minor Children §§767.215 and 822.29, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 6 of 7
Wisconsin Department of Children and Families
Child Support Percentage of Income Standards
Authority and Purpose
Wis. Stats. § 49.22(9) requires the Department to adopt and publish a standard, based upon a
percentage of the gross income and assets of either or both parents, to be used by courts in
determining child support obligations. Chapter DCF 150 of the Wisconsin Administrative Code
establishes Wisconsin's percentage of income standard for child support. It is based upon the
principle that the child's standard of living should, to the degree possible, be the same as if the child's
parents were living together.
Chapter DCF 150 defines the income upon which the support obligation is based, and sets the
percentages of income for computing the support obligation based upon a number of children. It also
explains optional procedures for adjusting the obligation when the parents share placement, when the
parent has an obligation to support another family, or when the payer has particularly high or low
income.
Applicability
The percentage standard applies to any temporary and final order for child support, including child
support stipulations agreed to by both parents and modifications of existing child support orders.
When used to calculate family support, the amount determined under the standard should be
increased by the amount necessary to provide a net family support payment, after state and federal
income taxes are paid, of at least the amount of a child support payment under the standard.
Definition of Income and Assets
Chapter DCF 150 defines gross income as income from any source, whether or not it is reported or
taxed under federal law. The income can be in the form of money, property, or services. Public
assistance or child support received from previous marriages or business expenses, which the court
determines are reasonably necessary for the production of income or operation of a business are
subtracted, and wages paid to dependent household member are added to determine "gross income
available for child support."
The court may also determine that income may be "imputed" (assumed at a given level) based on
earning capacity and/or assets, and that imputed income is added to the gross income for the
calculation of the support obligation.
THE PERCENTAGE STANDARD
The percentages are: 17% for one child
25% for two children
29% for three children
31% for four children
34% for five or more children
Wisconsin Statutes require temporary and final support orders to be expressed as fixed sum in most
situations.
For further details, refer to Chapter DCF 150 of the Wisconsin Administrative Code and Wisconsin Statute
767 Actions Affecting the Family. (Choose “Wisconsin Law” on http://www.legis.state.wi.us)
Joint Petition – With Minor Children Page 7 of 7 Case No. _______________
FA-4110V, 05/12 Joint Petition-With Minor Children §§767.215 and 822.29, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 7 of 7
Statutory Factors Courts May Consider In Determining Child Support
Awards for Paternity, Divorce, or Legal Separation
§767.511, Child Support.
(1m) Upon request by a party, the court may modify the amount of child support payments
determined under §767.511 (1j), if, after considering the following factors, the court finds by the
greater weight of the credible evidence that use of the percentage standard is unfair to the child or to
any of the parties:
(a) The financial resources of the child.
(b) The financial resources of both parents.
(bj) Maintenance received by either party.
(bp) The needs of each party in order to support himself or herself at a level equal to or greater than
that established under 42 USC 9902 (2).
(bz) The needs of any person, other than the child, whom either party is legally obligated to support.
(c) If the parties were married, the standard of living the child would have enjoyed had the marriage
not ended in annulment, divorce or legal separation.
(d) The desirability that the custodian remain in the home as a full-time parent.
(e) The cost of day care if the custodian works outside the home, or the value of custodial services
performed by the custodian if the custodian remains in the home.
(ej) The award of substantial periods of physical placement to both parents.
(em) Extraordinary travel expenses incurred in exercising the right to periods of physical placement
under §767.41.
(f) The physical, mental and emotional health needs of the child, including any costs for health
Insurance as provided for under sub. (4m).
(g) The child's educational needs.
(h) The tax consequences to each party.
(hm) The best interests of the child.
(hs) The earning capacity of each parent, based on each parent's education, training and work
experience and the availability of work in or near the parent's community.
(i) Any other factors which the court in each case determines are relevant.
