Divorce / Legal Separation: Filing Separate (Alone) - With Children under 18
You will find two checklists which take you step-by-step through the divorce / legal separation filing process. The checklists break the process down into two parts, Checklist 1 & Checklist 2; you must complete both.
Checklist 1 includes: everything you need to initially file, and have your spouse served. Checklist 2 includes everything you need to complete after your spouse has been served.
Attention: For Checklist 2 you will need to decide if you will complete the Default / Contested Checklist, or the Stipulated Checklist.
For qualifying low-income individuals, the courts offer a fee waiver. If you would like to request a fee waiver, you will find the form at the bottom of this page.
You can get help with Checklist 1 at the Milwaukee Justice Center's Self-Help Desks. You can get help with Checklist 2 by appointment only.
Legal advice is not provided.
CHECKLIST 1: (click here for Checklist 1)
FORMS FOR CHECKLIST 1:
This checklist will take you step-by-step through the second half of the divorce / legal separation filing process.
ATTENTION: You must decide if you are going to follow the Stipulated or the Default/Contested Checklist.
You will follow the Stipulated Checklist after filing separate ONLY if:
1.) You and your wife/husband agree on EVERY term of your divorce.
2.) You and your wife/husband will both sign the marital settlement.
3.) Both you and your wife/husband will complete a separate Financial Disclosure form.
4.) The husband is the father of all children born during the marriage.
If you meet ALL of these requirements you must follow the Stipulated Checklist.
If not, and there are disagreements, then you must follow the Contested Checklist.
If not, and you had to publish your service in the newspaper, then you must follow the Default Checklist.
FORMS FOR CHECKLIST 2:
PACKET: (click here for the packet of forms)
Here is the entire divorce / legal separation packet with all the forms you will need for filing separate (alone) with children under 18.
Fee Waiver Forms
If you are unable to pay the filing fees, and meet the income requirements, you can ask the court to waive the fees by completing form CV-410 below.
Not finding what you need?
For additional information, visit the Wisconsin State Law Library website.