Conversion of Legal Separation to Divorce Guide

By Stipulation (the parties agree to convert the legal separation to divorce)

The Stipulation Converting Legal Separation to Divorce (FA-4162VA) and Order Converting Legal Separation to Divorce (FA-4162VB) is for parties who have been granted a Legal Separation, but who agree to convert it to a divorce.  As long as both parties agree, there is no waiting period and it can be filed at any time after the legal separation is granted.

By Motion (the parties do not agree to convert the legal separation to divorce) The Motion Converting Legal Separation to Divorce (FA-4163VA) and Order Converting Legal Separation to Divorce (FA-4163VB) is for a party who has been legally separated for at least one full year and who wishes to be divorced from their spouse without their spouse's agreement or signature.  This motion can be made by either party.

Once either form is properly completed and filed with the court, a judge shall grant the divorce.  The date of the divorce is the date on which the judge signs the Order.   Neither party may remarry in the world for at least six months from that date.

This documentation does not allow parties to make changes of any kind to the original Legal Separation papers.  If you would like to make changes, please contact an attorney.

Procedural Checklist

By Stipulation

1.  Complete the Stipulation Converting Legal Separation to Divorce (FA-4162VA) and Order Converting Legal Separation to Divorce (FA-4162VB).

2.  Come to the Family Division any time between 8:30 a.m. and 4:00 p.m., Monday through Friday, to do the following:

• Have your form reviewed for completeness.
• Make three (3) additional copies. 
• Complete the Divorce/Annulment Worksheet (Vital Statistics) form, which may be obtained in the Family Division Office.

3.  Go to the Family Division Office and file the following items:

• Original and three (3) additional copies of the Stipulation Converting Legal Separation to Divorce and Order Converting Legal Separation to Divorce, two (2) self-addressed stamped envelopes (one addressed to you and one addressed to your spouse).
• Completed Divorce/Annulment Worksheet (Vital Statistics).

4.  The court will review, sign and return the order to you and the other party.

These papers are very important.  You must keep them in a safe place, as they will serve as your final divorce papers.

By Motion

1.  Complete the Motion Converting Legal Separation to Divorce (FA-4163VA), Order Converting Legal Separation to Divorce (FA-4163VB) and the Five-Day Rule Form Letter.

2.  Come to the Family Division Office between 8:30 a.m. and 4:00 p.m., Monday through Friday, to do the following:

• Have your form reviewed for completeness.
• Make four (4) copies.  
• Complete the Divorce/Annulment Worksheet (Vital Statistics) form, which may be obtained in the Family Division Office.

3.  Mail one (1) copy of the Motion and Order that has not yet been signed by the Judge and the Five-Day Rule Form Letter to your spouse.

4.  Go to the Family Division Office and file the following items:

• Original and three (3) additional copies of the Motion Converting Legal Separation to Divorce, Order Converting Legal Separation to Divorce and a copy of the Five-Day Rule Form Letter.
• Two (2) self-addressed stamped envelopes (one addressed to you and one addressed to your spouse).
• Completed Divorce/Annulment Worksheet (Vital Statistics).

5.  The court will hold the form for five (5) days to give the other party time to review the order and object to its accuracy.  If there are no objections within the five business days, the court will review, may sign and return the order to your and the other party.

These papers are very important.  You must keep them in a safe place, as they will serve as your final divorce papers.

Court Related Offices

Clerk of Circuit Court, Family Division Office Waukesha County Courthouse, Rm C-167 515 W. Moreland Blvd. Waukesha, WI 53188 262-548-7544 http://courtselfhelp.waukeshacounty.gov

• Office Hours: Monday-Friday 8:00 a.m.-4:30 p.m.

Services Available Monday through Friday 8:30 AM to 4:00 PM:

• Accept Filings and Fees
• Distribution of Forms, Packets, & Procedural Guides (fees may apply)
• Notary Public Services
• Review of forms for completeness

Family Legal Clinic (By Appointment ONLY): Wednesdays starting at 3:00 PM.

• 20 minutes of free legal advice with a volunteer attorney.
• Eligibility requirements:
  • Individuals with a Waukesha County Case who do not have an attorney
  • Individuals that have never utilized the Family Legal Clinic before
  • Individuals that have Family Court related legal questions

Family Court Services Waukesha County Courthouse, Rm C-355 515 W. Moreland Boulevard Waukesha, WI 53188 262-548-7900

• Office Hours: Monday -Friday, 8:00 AM. to 4:30 PM.
• Available Services: Child physical placement related mediation and studies/evaluations

Waukesha County Child Support Enforcement Agency Administration Building, Room 348 515 W. Moreland Blvd. Waukesha WI 53188 414-615-2586

• Office Hours: Monday-Friday, 8:00 AM - 4:30 PM.