Waukesha County

Procedural Checklist for Divorce/Legal Separation

Filing Jointly

Below you will find the Procedural Checklist for your specific type of divorce/legal separation. The checklists were designed to be used one step at a time. If you complete forms or other tasks out of order you are likely to create more work and confusion for yourself. We STRONGLY suggest that you follow the checklist one step at a time-Read ahead, but do not work ahead.

The services provided by the Court Self-Help Program has been integrated into the Family Division Customer Services.

Warning: This checklist was designed for divorces/legal separations in which both parties agree to the terms of the divorce. If after reviewing the Marital Settlement Agreement, it turns out that you and the other party are not in agreement with most issues, please review the website or call the Family Division to obtain other available options.

Getting Started Filing Jointly

Be sure to complete the correct forms for with or without minor children.

 

No Request for Temporary Hearing

(Agree how to handle the waiting period)

 

Request for Temporary Hearing

(DO NOT agree how to handle the waiting period)


1.

Complete the
  • Joint Petition
  • Confidential Petition Addendum
  Complete the
  • Joint Petition
  • Confidential Petition Addendum
  • Affidavit to Show Cause and Request for Hearing for Temporary Order and Order to Show Cause
 

2.

Make two copies (3 sets total).

 

Make three copies (4 sets total).

  You can make your own copies in the Family Division Office on the coin-operated copier. Please bring cash as it accepts $1, $5, $10 bills and coins only.

3.

Go to the Family Court Office between 8:30 am and 4:00 pm, Monday through Friday to file. The clerk will:
  • Review your forms for completeness
  • Take the originals and all copies
  • Take the filing fee
  • Authenticate (uniquely stamp) all copies
  • Keep required originals for the court file.
  • Label and return the remaining originals/copies to you for distribution.
    • Copy 1 - Petitioner (Your copy)
    • Copy 2 - Respondent (Other party's copy)
  Go to the Family Court Office between 8:30 am and 4:00 pm, Monday through Friday to file. The clerk will:
  • Review your forms for completeness
  • Take the originals and all copies
  • Take the filing fee
  • Assign a court date
  • Authenticate (uniquely stamp) all copies
  • Keep required copies/originals for the court file.
  • Label and return the remaining originals/copies to you for distribution.
    • Copy 1 - Return to Court with Proof of Service
    • Copy 2 - Petitioner (Your copy)
    • Copy 3 - Respondent (Other party's copy)

Service

4.

Not Required - Service is not required if you have filed for divorce/legal separation jointly, unless you have requested a temporary hearing.

 

Serve your spouse with the appropriately labeled set of the divorce/legal separation papers and a blank copy of the Financial Disclosure Statement. See the Service Packet for more information.

 

5.

Not Applicable   After service, file the original proof of service (Affidavit of Service, or Admission of Service) and the copy labeled "Return with Proof of Servce". Don't forget to keep a copy of the proof of service for your own records and have it "time stamped" by court staff when you file the original.

The Temporary Order/Hearing

6.

OPTIONAL:Complete this section only if you would like to have an Order signed by a court official that outlines how you and your spouse have agreed to handle the waiting period. If you do not feel your agreement needs to be made a court order, you may skip this section and proceed to the next.

Complete the Stipulation for Temporary Order and Temporary Order.

  Prepare and take the following itemsto courton the date of the Temporary Hearing:
  • An original and two additional copies of your completed, signed, and dated Financial Disclosure Statement and required attachments
  • Proof of Service (your copy)
  • A list of disputed issues, explanations of how you want the commissioner to rule on those issues , and why.
 

7.

Family Division staff will review your forms for completeness between 8:30 am and 4:00 pm, Monday through Friday.  

Go to the Courtroom at least 15 minutes before your court time.

 

8.

File the original and three (3) additional copies of the Stipulation for Temporary Order, Temporary Order and two self-addressed stamped envelopes (one addressed to you and one addressed to the other party) in the Family Court Office.

 

Following the Temporary Hearing, the Commissioner will print and give each party a copy of the Temporary Order, which will remain in effect until the divorce/legal separation is final or modified by the court.

 

9.

The court will review the documents and either:

Approve and send each party a copy of the signed Stipulation for Temporary Order and Temporary Order. It will then become an order of the court.

-OR-

 

Not approve and will return the forms to you.