Waukesha County

Getting the Forms & Instructions to File for Divorce/Legal Separation

The instructions and forms you need to use to obtain a divorce or legal separation are dependent upon how you answer the next three questions.  Please read the information carefully, as what may seem like an obvious question to the average person may be more complicated in the eyes of the legal system. 

Do you and your spouse have minor children together?

YES, there are MINOR CHILDREN if:

  • Before or during the marriage there were children born to or adopted together by the parties and those children are under the age of 18, or
  • Children born to or adopted together by the parties are under the age of 19, but are currently pursuing a high school diploma or its equivalent, or
  • The wife is pregnant, (without regard to whether or not it is the husband's) or 
  • A child was born to the wife during the marriage, but one party does NOT think the husband is the father of the child.

NO, there are NO MINOR CHILDREN if:

  • Before or during the marriage there were no children born to or adopted together by the parties, or
  • All children born to or adopted by the parties are over the age of 18 and graduated from high school, or may still be pursuing a high school education or equivalent but are over the age of 19, and
  • The wife is not pregnant

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