Service
When you file a new case or file to have a hearing before the court, you must properly serve the other party the documents. If you fail to do this the court cannot hear or decide on your case. Copies, NOT original documents, should be given to the other party. You should retain the original documents. A copy of the proof of service needs to be returned to the Family Division Office after the other party has been served.
Correct types of service for specific documents and time limits are:
| Form (Name/Number) | Required Type of Service | Service Time Limits |
|---|---|---|
| Summons and Petition for Divorce/Legal Separation (FA-4104/FA-4105) | Personal | Within ninety (90) calendar days from the date the divorce/legal separation was filed |
| Summons and Petition for Visitation Rights of Other Persons | Personal | Within ninety (90) calendar days from the date the Summons and Petition were filed |
| Subpoena (GF-126A) | Personal | Not less than ten (10) business days before the date of the hearing |
| Affidavit to Show Cause and Request for Hearing for Temporary Order and Order to Show Cause (FA-4128VA/FA-4128VB or FA-4129VA/FA-4129VB) | Personal | Not less than five (5) business days before the date of the hearing |
| Affidavit for Finding of Contempt and Order to Show Cause for Finding of Contempt (FA-4172VA/FA-4172VB)Motion to Enforce Physical Placement Order (FA-609) | Personal | Not less than five (5) business days before the date of the hearing |
| Motion for and Notice of (De Novo) Hearing (FA-4130V) ***Filed as a result of a Contempt Hearing [not from a Motion Hearing]*** |
Personal | Not less than five (5) Business days before the date of the hearing |
| Order to Appear (FA-4142V) | Personal | Not less than twenty-four (24) hours before the date of the hearing if the other party lives in Waukesha County Not less than seventy-two (72) hours before the date of the hearing if the other party does NOT live in Waukesha County, but does live in the State of Wisconsin |
| Notice of Motion and Motion (FA-4170V) | Not less than eight (8) business days before the date of the hearing | |
| Motion for and Notice of New (De Novo) Hearing (FA-4130V) ***Filed as a result of a Motion Hearing [not from a Contempt Hearing]*** |
Not less than eight (8) business days before the date of the hearing |
NOTE: If you are unable to serve the other party within the required time limits, you may write a letter to the court requesting a different court date. You must then have the other party served with the new court date, if granted.
PERSONAL SERVICE
- Voluntary Admission
- The other party voluntarily accepts the papers from you and will sign an Admission of Service (FA-4119V) Prior to serving the other party you should complete the caption of the Admission of Service (FA-4119V).
- If the State of Wisconsin/Child Support Agency is a party to the action, you must take a copy of the documents you filed to your local Child Support Enforcement Agency and ask them to admit service by completing an Admission of Service.
- Sheriff’s Department
The Sheriff’s Department of the County in which the individual to be served resides, may serve the other party. Proof of service and a set of the documents which were served must be returned to the Family Division Office as soon as possible. Remember to keep a copy for your records. - Private Process Server
A private process server may be used to have the other party personally served. Contact individual companies for fees and procedural information. To find a private process server in your or the other party’s area, please visit the International Process Servers Association. - Service using a Friend or Relative
A friend or relative who is over 18, is a resident of Wisconsin, and is not a party to the action may also serve the other party. They will need to complete an Affidavit of Service (FA-4120V) which must be completed entirely and will then be filed with the court. - LAST RESORT – Service by Publication for the filing of a new divorce or legal separation
Before attempting this last resort, you should consider seeking legal assistance. There are specific and complicated rules that must be followed to successfully serve a party by publication. Service by Publication is a last resort and can only be used if you failed to have the other party served by one of the methods above. You must have already attempted service using the Sheriff’s Department or private process server who provided you with an Affidavit of Due Diligence/Not Found/Attempted Service stating that the other person could not be found.
SERVICE BY MAIL
Serving documents on the other party by mail is allowed for certain types of documents, please see above. If service by mail is acceptable, mail copies of the documents to the other party, complete the Affidavit of Mailing (FA-4121V), and then file a copy of the Affidavit of Mailing with a copy of the documents that were mailed.
