Steps to a Divorce or Legal Separation

Choosing the correct forms to use is a very important task. The forms are divided into packets based on the following three questions:

1. Do you and your spouse have minor children together or is the wife pregnant?
2. Will you be filing independently (separately) from your spouse or will the two of you be filing together (jointly)?
3. Will you need a temporary hearing or not?

Forms to Begin the Divorce/Legal Separation Process

The Self Help Law Center Forms Assistant will take you through a series of questions, filling in most of the forms necessary for divorce or legal separation.

Alternatively, you may select a scenario below to access form packets.

You do not have children and do not need orders temporarily put into place until the divorce has been granted:

• You are filing for the divorce individually without your spouse 
• You and your spouse are filing the divorce together 

You do not have children and need orders temporarily put into place until the divorce is granted:

• You are filing for the divorce individually without your spouse 
• You and your spouse are filing the divorce together 

You have minor children and do not need orders temporarily put into place until the divorce has been granted:

• You are filing the divorce individually without your spouse
• You and your spouse are filing the divorce together 

You have minor children and need orders temporarily put into place until the divorce is granted:

• You are filing the divorce individually without your spouse 
• You and your spouse are filing the divorce together 

Once all the necessary forms to start the divorce or legal separation are completed, the party(s) may electronically file them on https://www.wicourts.gov/ecourts/ .  Alternatively, paper copies may be filed in the Family Division, Monday through Friday between 8:30 a.m. and 4:00 p.m..  You will be required to provide five (5) copies of each document and pay the filing fee.

Filing Fees are:
With minor children or Request for Maintenance $194.50
NO minor children or Request for Maintenance $184.50

Waiver of Court Costs and Service Fees
Payment of filing fees are required unless a party(s) can show that he/she is low income and considered indigent by the court.  To make that determination, the court requires that the Petition for Waiver of Filing and Service Fees form be completed.  Please be aware that the rules to qualify as indigent are very strict, and it is difficult to receive a waiver of fees.  If granted, the waiver may also be used in the Waukesha County Sheriff’s Department to waive service fees.

See the Service Packet for specific options for how to have the other party served.

The parties should complete all of the required forms which are listed on the Pre-Trial Order and Pre-Trial Checklist and mailed to both parties.  All documents should be filed with the court in advance of the Pre-Trial Conference.  It is highly recommended that parties who are not represented by attorneys have their documents reviewed by court staff for completeness at least one week before the Pre-Trial Conference.  If parties submit incomplete documents they run the risk of not being granted a Judgment of Divorce at the Pre-Trial Conference.  If there are minor children both parties will receive information on and must attend the Helping Children Cope with Divorce Seminar.

If you need to exchange certain types of property you may be required to follow up with different government offices and business with certain paperwork.  For example, you may need to sign car titles and real estate deed, complete documents to divide pension plans (QDRO), change beneficiaries on life insurance policies, revise your will, and other matters when appropriate.

If the parties want to try to reconcile and need more time (up to 90 days) or want to dismiss the divorce/legal separation…

The parties have two options that they may use at any point up until the divorce/legal separation is granted: suspend the proceedings or dismiss the divorce/legal separation.  A suspension is a delay in the process. The Stipulation and Order Suspending Proceedings to Effect Reconciliation is the form used to suspend a divorce/legal separation action (proceedings and orders) for up to 90 days.  Both parties must agree.  Once the divorce/legal separation is suspended, the following options apply:

1. Stop the delay and continue with the divorce/legal separation: Either party may request at any time that the suspension of divorce/legal separation proceedings be withdrawn by completing the Motion and Order to Revoke Suspension of Proceedings to Effect Reconciliation form.
2. Reconcile: If at any point during the delay the parties agree to reconcile, they may complete the Stipulation and Order Dismissing Divorce/Legal Separation form (see below) to end the divorce/legal separation proceedings.
3. Do nothing: If the parties take no action and the 90 days pass, the divorce/legal separation action will proceed.

The parties may also dismiss (end) the pending divorce/legal separation action without first suspending it by completing the Stipulation and Order Dismissing Divorce/Legal Separation.  Both parties must agree.  If the parties dismiss and later choose to divorce or legally separate, they must start the divorce/legal separation process over and must again pay all the required fees.

See the Suspension and Dismissal Packet for the forms and instructions.