Download and use this form if you want to File for a Joint Divorce Petition in the State of Wisconsin if you have Minor Children.
Wisconsin Joint Petition With Minor Children
Text version of this Form
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PRINT in INK
Enter the name of the STATE OF WISCONSIN, CIRCUIT COURT, For Official Use
county in which you are COUNTY
filing this case.In RE: The marriage of
Enter the wife’s name. Joint Petitioner-Wife:
First name Middle name Last name
Enter the wife’s address.Address
On the far right, check Address
divorce or legalseparation. City State Zip
and
Joint Petition
Joint Petitioner-Husband: With Minor ChildrenEnter the husband’s name.
Enter the husband’s First name Middle name Last name
address.
Address
Divorce-40101
Legal Separation-40201
Note: Leave case number Addressblank; the clerk will enter
it. Case No.
City State ZipEnter the wife’s date of A. We are providing the following information about the wife:
birth [month, day, year] . 1. Date of birth .
2. Immediately before filing this petition, the wife will have lived in this county for 30
For 2, 3 and 4, check yes days or more.
or no. Yes No
3. Immediately before filing this petition, the wife will have lived in the state of
Military personnel: Wisconsin for 6 months or more.
Please see Basic Guide to Yes No
Divorce/Legal Separation. 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 NoEnter the husband’s B. We are providing the following information about the husband:
date of birth [month, day, 1. Date of birth .
year]. 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 Yes No
or no. 3. Immediately before filing this petition, the husband will have lived in the state of
Military personnel: Please Wisconsin for 6 months or more.
see Basic Guide to Yes No
Divorce/Legal Separation. 4. The husband is currently on active duty as a member of the Armed Forces of theUnited States of America or its allies.
Yes No
C. We are providing the following marriage information:
Enter the date [month, day, 1. We were married on (Date) .
year], city, and state in 2. We were married in (City) (State) .
which you were married.
3. We are filing for
Check a or b. If b, explain a. Divorce. This marriage is irretrievably broken.
why you are filing for a
FA-4110V, 05/12 Joint Petition-With Minor Children §§767.215 and 822.29, Wisconsin Statutes
legal separation and not a
This form shall not be modified. It may be supplemented with additional material.
divorce.
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Joint Petition – With Minor Children Page 2 of 7 Case No. _______________
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 This is the first time that either my spouse or I have filed for divorce or legal
the county and state in separation from each other in Wisconsin or in any other state:
which it was filed, the a. Yes
case number assigned to b. No: County
it, and check yes or no to State
indicate if the case has Case No.
been dismissed. Has this case been dismissed? Yes No
Check yes or no. 5. This is the wife’s first marriage. Yes No
a. The wife was previously married to
If no, respond to 5a-5d b. The marriage was terminated by divorce. death.
with information about
c. Date of the divorce or death
the wife’s most recent
d. The divorce was granted in:
previous marriage.
Name of court
City State
e. The wife was also previously married to
If the wife had an f. The marriage was terminated by divorce. death.
additional previous g. Date of the divorce or death
marriage, respond to 5e- h. The divorce was granted in:
5h. 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
a. The husband was previously married to
If no, respond to 6a-6d b. The marriage was terminated by divorce. death.
with information about c. Date of the divorce or death
the husband’s most recent d. The divorce was granted in:
previous marriage. Name of court
City State
e. The husband was also previously married to
If the husband had an f. The marriage was terminated by divorce. death.
additional previous g. Date of the divorce or death
marriage, respond to h. The divorce was granted in:
6e-6h. 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, D. We are providing the following information regarding our children:
year] for each minor 1. The minor children (age 17 or younger) born to or adopted together by us before or
child. during our marriage are
If you and your spouse do None.
not have minor children Name of Minor Child Date of Birth
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.
2. The adult children (age 18 or older) born to or adopted together by us before or
during our marriage are
None.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.
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Joint Petition – With Minor Children Page 3 of 7 Case No. _______________
Name of Adult Child Date of BirthIn 3, enter the name and 3. Other children born to the wife during this marriage, but not fathered by the husband are
date of birth [month, day, None.
year] for each other child. Name of Child Date of Birth
If you do not have other
children, check None.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. 5. The current address of the minor children is
If d, enter the current
a. with mother at above address.
address of the minor
children. If the children b. with father at the above address.
currently reside at separate c. with both mother and father at the above addresses.
addresses, provide those d. at the address below:
addresses on an additional
Address
sheet.
Address
City State Zip
In 6, enter any previous 6. Previous addresses for the minor children is
addresses for the minor None (the children have lived at the current address for the last five years).
children living with the
Address
parents during the past 5
years. If none check Address
“none.” City State Zip
If the children have lived inmore than 2 places over the Address
past 5 years, provide those
Address
addresses on an additional
sheet. City State Zip
7. Currently, or during the last 5 years, one or more of the minor children lived with a
In 7, check yes or no. person other than a parent.
Yes No
If yes, enter the name of Child
that minor child and the Person
name and address of the Address
person with whom that Address
child lived. City State ZipChild
Attach an additional sheet, Person
if necessary. Address
Address
City State ZipChild
Person
Address
Address
City State Zip
8. We have been (or we have been aware of others who have been) a party, witness or
In 8, check a or b. 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.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.
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Joint Petition – With Minor Children Page 4 of 7 Case No. _______________
If a, enter the name of the a. Yes and the custody, physical placement, or visitation order was granted in:
court in which it was Name of court
ordered, the case number Case Number Date
assigned to it, and date it
b. No.
was ordered.
9. We are aware of a proceeding that could affect the current proceeding, including
In 9, check a or b. 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 a. Yes and the proceeding that could affect the current proceeding is in:
court, the case number Name of court
assigned to it, and the nature Case Number
of the proceeding. Nature of Proceeding
b. No.
In 10, check a or b. If a, 10. We have made written agreements or received orders from the court about some or
attach a copy of the all of the matters in this action such as maintenance (spousal support), child support,
written agreement. 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:
1. Grant a judgment as requested.
If you are requestingmaintenance, child
support and/or family 2. Enter an order granting maintenance, child support and/or family support.
support at this time, Yes No
check yes. If not, check
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.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.
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Joint Petition – With Minor Children Page 5 of 7 Case No. _______________
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 W ifeher name and date the
document in front of the Print or Type NameNotary Public.
DateState of
Have the Notary Public County of
sign, date, and seal the Subscribed and sworn to before me on
document. (Seal)Notary Public/Court Official
Name Printed or Typed
My commission/term expires:
STOP!
Take this document to a Notary Public BEFORE signing.
After the husband has
been sworn by a Notary
Public, he must sign and Husband
print his name and date
the document in front of Print or Type Name
the Notary Public.Date
State of
Have the Notary Public County of
sign, date, and seal the Subscribed and sworn to before me on (Seal)
document.Notary Public/Court Official
Name Printed or Typed
My commission/term expires:
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.
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Joint Petition – With Minor Children Page 6 of 7 Case No. _______________
Wisconsin Department of Children and Families
Child Support Percentage of Income StandardsAuthority 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 childrenWisconsin 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)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.
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Joint Petition – With Minor Children Page 7 of 7 Case No. _______________
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.
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.
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