Waukesha County

Service By Publication

Service of Divorce/Legal Separation Summons & Petition

Service by Publication is a last resort and can only be used if personal service did not work. This Service by Publication Packet is available ONLY to assist individuals who are filing an action for divorce or legal separation. You have a responsibility to make every effort to make personal service if possible, which includes gathering reasonably available information from family and friends to try and determine the other party’s location, where the other party works, socializes, or car type and license plate number.

You may use this packet to attempt Service by Publication only if the following apply:

  • You have tried personal service through the Sheriff's Department or a Private Process Server
  • You have given them as much information as possible to help them find the other person
  • The Sheriff's Department or Process Server cannot find the other person after a diligent search
  • You have been given an Affidavit of Due Diligence/Not Found/ Attempted Service stating the other person could not be found. Keep this affidavit.

NOTE: Even if you were unable to find the other party using one of the primary methods, you must still have him/her served within the 90-day deadline established by statute. If you are unable to serve the other party within the required time limits, you may write a letter to the court within the 90-day time limit requesting up to 60 more days to have the other party served. You must then have the other party served by publication within the time limits provided by the court.

Below you will find the Instructions and all the forms you will need to get from the beginning to the end of this court process. You have the option to:

  • Print the forms in PDF or
  • Complete the Word Fillable forms on-line

Please keep in mind that not all forms are due at the same time. Review the Instructions (we recommend that you print it and keep it with your papers) to determine in what order to complete each form and other tasks required.

Hint: ONLY COMPLETE THE TASKS IN THE ORDER THEY ARE LISTED-Read ahead, but do not work ahead.

Service by Publication Packet-Pre-Judgment

Number

Name

Downloads

  Instructional Guide
FA-4122V Publication Summons
FA-4123V Publication Affidavit of Mailing

Service Packet

Number

Name

Downloads

  Instructional Guide
  Waukesha County Sheriff's Department-Service FAQ's
FA-4119V Admission of Service
FA-4120V Affidavit of Service
FA-4121V Affidavit of Mailing