Introduction to Divorce

HANDLING YOUR OWN DIVORCE IN WINNEBAGO COUNTY It is recommended that parties read this document from beginning to end before they begin divorce proceedings. If after reading this, you believe that you need an attorney, it is strongly recommended that you contact one. Staff in the Clerk of Courts Office and Family Court Commissioner's office cannot give you legal advice nor can they help you fill out the forms. If you have further questions, please contact an attorney. This document will refer you to the Wisconsin Courts website https://prosefamily.wicourts.gov/pages/index.html and various links on the site. This document will refer to the forms you will need to use to commence and conclude your divorce which can be accessed through the Wisconsin Courts website. Overview While there is an absolute right to self-represent, there are certain significant risks and responsibilities attached to that right. Before starting, parties should explore the risks and determine if they can fulfill the responsibilities of proceeding without an attorney. There are many cases that judges and attorneys think people should never handle on their own. In fact, many have found that when people represent themselves under certain complicated circumstances, they eventually need to hire an attorney to "fix" some mistakes. More times than not, it will cost clients more to have the attorney "fix" the problem than it would to have hired the attorney to handle it from the beginning. The following information will help individuals file and complete a divorce case without the help of an attorney. It is strongly recommended that all parties at least consult with an attorney to discuss the legal issues involved in a divorce action. Court staff can answer questions about procedures, but they cannot give legal advice. If parties need to know what would be the best way to go about getting what they want, they must seek the advice of an attorney. Wisconsin is a "no fault" state, which means neither party must prove that the other has done anything wrong, and only one party must testify under oath that he or she believes that the marriage is irretrievably broken. A marriage is irretrievably broken when there is no chance for reconciliation. In addition, there is also no longer a requirement for marital counseling before a divorce can be granted. In order for a divorce action to be filed in Winnebago County, at least one of the parties must be a resident of the State of Wisconsin for six months immediately prior to the date the action is filed, and at least one of the parties must be a resident of Winnebago County for the 30-day period immediately before the date the action is filed. The party starting and filing the divorce action is called the PETITIONER, and the spouse is referred to as the RESPONDENT. If you and your spouse file the divorce together, you are called JOINT PETITIONERS In using the Wisconsin Courts web site you may choose one of two options in proceeding with forms: 1. You may choose an interactive interview method which is set up to fill in the forms for you with information you provide in the online interview. You may print the forms and utilize them in proceeding with your divorce. This is a very user friendly method of proceeding and is set up like the Turbotax software which many people use to complete their income tax returns. If you choose to use this method, click on this link and follow the instructions: https://prosefamily.wicourts.gov/pages/online_interview.html 2. Alternatively, you may choose just to use the printable forms on the Wisconsin Courts web site. If you choose this method, you are responsible for correctly completing the forms. When filling out divorce forms by hand, always print your answers in BLOCK LETTERS. Always use black ink. Never use pencil. If possible, use a typewriter to complete the forms if you use the type of forms that you print and full in manually. If you choose to use the printable forms on the Wisconsin Courts web site, click on this link, select Winnebago County and select the forms you need: https://prosefamily.wicourts.gov/pages/interview/start?which=county_packet 1. If you use the interactive interview method to complete the forms you need, the forms will be prepared and will be ready to print when the interactive interview process is complete. After you print the forms you need, follow the instructions in Sections 3-9 on this web site to file and complete your divorce, but you should read those instructions first so you know which forms you should print. To access the online interactive interview process on the State Courts web site CLICK BELOW: https://prosefamily.wicourts.gov/pages/online_interview.html 2. If you choose use the printable document method rather than the online interactive interview method, click on the link below, select Winnebago County and choose the correct category of forms to complete, but you should read the instructions first so you know which forms to print. To access the forms an the State Courts web site CLICK BELOW: https://prosefamily.wicourts.gov/pages/interview/start?which=county_pac ket After you print the forms you need, follow the instructions in Sections 3-9 on this web site to file and complete your divorce. There are separate categories of divorce forms: those for parties with minor children and those for parties without minor children and for parties filing jointly or alone. You will need to select the forms for a divorce or legal separation with children under the following circumstances::   Before or during the marriage there were no children born to or adopted together by the parties, and The wife is not pregnant.     Before or during the marriage there were children born to or adopted togeher 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, 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. Include this information regarding this child in the Petition because the law presumes that a child born to the wife during the marriage is the husband's child. You may need the court to appoint a Guardian ad Litem for the child. If you have questions, call the Family Court Commissioner's Office (920) 236-4791 If your situation falls within the above circumstances and you are filing a Joint Petition with your spouse, select: “Print forms for filing jointly (with my spouse) and we have minor children” If your situation falls within the above circumstances and you are filing a Petition alone without your spouse, select: “Print forms for filing alone (without my spouse) and we have minor children” Under any other circumstances, you will need to use the forms for filing a divorce or legal separation without children. If you are filing a Joint Petition (with your spouse) with no children, Select: “Print forms for filing jointly (with my spouse) and we do not have minor children” If you are filing a Petition alone (without your spouse) with no children, select: “Print forms for filing alone (without my spouse) and we do not have minor children” Once a determination is made as to which set of forms should be used (With Minor Children or Without Minor Children), the correct forms to complete must be chosen. Parties can file for divorce separately (one party starting the action only) or jointly. For a divorce action started separately, the Summons form and Petition form must be completed. For a divorce started jointly, only the Joint Petition must be completed. Summons: The legal document that informs a person that a lawsuit is pending against them in a Wisconsin court. Petition: The formal written request to the court for a divorce and gives the court basic information about the parties. It also tells the judge that the parties have met all the requirements of the law to request a divorce in Wisconsin, which are generally referred to as jurisdictional requirements. This document also tells the other party and the judge what relief the PETITIONER is requesting. 3. Consider the Need for a Temporary Hearing The PETITIONER can request a Temporary Hearing at the time he/she files the initial papers (the Summons and Petition), or either party can request it at any later time while the action is pending, if it becomes necessary. If you have decided to request a Temporary Hearing, you must complete the following forms: Affidavit for Temporary Order: The legal document that states the requests being made. Order to Show Cause Order for Temporary Order: The formal legal document ordering the other spouse to appear in court to provide evidence why the request of the other party should not be granted. If you and you spouse have everything agreed to, you do not need a Temporary hearing. If you want to have the court enter a Temporary Order based on your agreement, you must complete the following form: Stipulation for Temporary Order: The legal document in which the parties agree to the terms of a Temporary Order to be entered by the Court. One reason to consider filing an Order to Show Cause for Temporary Order, or a Stipulation for Temporary Order, at the time the action is filed, is because there is a 120-day waiting period from the time the Summons and Petition are served upon the RESPONDENT until the first day the divorce can be granted. Four months is a long time, especially if there are disputed issues and the parties have not agreed upon temporary arrangements. The court can enter Temporary Orders (orders that are in effect while a divorce is pending) on such matters as maintenance (spousal support), whether one of the parties should be ordered out of the home, who should have the use (not ownership) of certain property (such as bank accounts and vehicles), and/or who should make various payments on debts (such as a mortgage payment). If there are minor children involved, the court may also make Temporary Orders regarding child support, custody, and placement, or other issues that need court orders before the trial. Court commissioners make Temporary Orders during what is called a Temporary Hearing. Determining that you need a Temporary Hearing at this point, and not after you have filed and served the Summons and Petition, will also save you the cost of serving your spouse twice. 4. Filing the Action The PETITIONER must make two determinations before filing the forms with the court: 1. Does he/she qualify as low income and indigent? A filing fee is required unless a party can show that he/she is low income and considered indigent by the court. If a party qualifies as indigent, the filing fee can be waived. To determine if a party is indigent and able to have fees waived, the court requires that he/she complete the Petition for Waiver of Filing and Service Fees form and follow the instructions for processing it before filing the divorce case. Please be aware that the rules to qualify as indigent are very strict, and it is difficult to receive a waiver of fees. Petition for Waiver of Filing and Service Fees: A formal request, which contains specific financial information, to the judge to determine that the party is low income and indigent and therefore not required to pay filing and service fees. This form can be obtained at the Clerk of Courts office. 2. Has either party or the child(ren) ever received or applied for public assistance? If so, the State of Wisconsin may have an interest in the court action and is therefore a party to the case. In Winnebago County, the Child Support Agency represents the State for all such court actions. If the State is found to have an interest, parties must serve all papers on the Child Support Agency, just as they do the other party of the case (remember to make an extra copy of all documents). Parties are instructed at various points in the checklists to call the Child Support Division at (920) 236-4780, as the State may become a party to the action at any time, including after the initial divorce forms have been filed. After the PETITIONER or JOINT PETITIONERS has decided whether to file for a Temporary Hearing or not, and has completed the appropriate forms, he/she must take the originals and four (five if public assistance is involved) complete copies to the Clerk of Courts, Courthouse Room 419, and pay the filing fee. If a Temporary Hearing is needed, you must first take the documents to the Family Court Office, Room 220 of the Courthouse to obtain a date and time for your Temporary Hearing. The clerk will file the original Summons and Petition, and Order to Show Cause for Temporary Order and Affidavit for Temporary Order (if the request is made for a Temporary Hearing), and "authenticate" the copies. This means the clerk will place a special authentication stamp on the copies indicating the date the original documents were filed. The PETITIONER should have a spare copy authenticated, or even several extras, in the event of anticipated service problems, or if service will need to be made in multiple locations. There is no fee to have copies authenticated if the copies are provided at the time the case is filed. You will need at least a copy for yourself, your spouse, the Family Court Commissioner's Office, and the Child Support Agency, if there is any public assistance involved in your case. Therefore, you should have the original and at least four or five copies with you when you file the action with the clerk of courts. You should also make the same number of copies of all the other forms you need to complete your divorce. The clerk will also stamp on all the copies the Case Number and Judge assigned to the case. All future documents that are filed in the case must be filed with the Clerk of Courts and Family Court Office, Courthouse Room 220, and must bear this Case Number. Parties must also obtain two Financial Disclosure Statements, from the Family Court Commissioner's office or online on the Winnebago County website. If filing separately, the appropriate blank copy of the Financial Disclosure Statement should also be served with the other forms. Financial Disclosure Statements: A statement of all income, expenses, assets, and liabilities. This form is exchanged between spouses to verify full disclosure and filed with the court to assist the judge in making decisions. After the forms have been filed, the clerk will keep one set of the forms for the Family Court Commissioner's Office and stamp the date of receipt on the commissioner's copy and all other copies as well. 5. Service Filing for Divorce Jointly. Parties DO NOT need to provide service of the forms to each other, but if public assistance is involved, the parties must have the forms served on the Child Support Agency Room 140 of the Winnebago County Courthouse. Filing for Divorce Separately. After filing the forms, the PETITIONER must make arrangements to have one of the authenticated copies served on his/her spouse, and served on the Child Support Agency, if necessary. The RESPONDENT and Child Support Agency must be served with the forms within 90 days from the date the action was filed. If either party is filing the forms to request a Temporary Hearing after the Summons and Petition have been served, the other party and the Child Support Agency must be served with the Affidavit for Temporary Order and the Order to Show Cause for Temporary Order no later than 7 days before the Temporary Hearing date. The following documents may be served with the Summons and Petition:   Affidavit and Order to Show Cause for Temporary Order Appropriate copy of the Financial Disclosure Statement. The PETITIONER, as a party to the case, CANNOT serve any forms upon the other party or the Child Support Agency. There are five basic ways to provide service: 1. The party responsible for making service may give the documents to his/her spouse and ask that they voluntarily admit service. If the spouse agrees to accept the documents, the party making service needs to have the spouse sign an Admission of Service form. If the spouse will not voluntarily admit service, the party making service must provide service in another one of the following ways: 2. The Sheriff's Office can serve the RESPONDENT and the Child Support Division. The Winnebago County Sheriff's Department 4311 Jackson Street Oshkosh, Wisconsin) currently charges a service fee. This fee can also be waived if a Waiver of Filing and Service Fees has been granted by the court. 3. Parties can make arrangements with a private Process Server to personally serve other parties with the forms. Private Process Servers do not waive fees for those who have a signed Waiver of Filing and Service Fees. 4. A friend or relative, who is over 18, a resident of Wisconsin, and familiar with the laws that govern process service, can also serve the RESPONDENT. When the Sheriff's Department, Private Process Server, or third party has served the documents on the RESPONDENT, he/she must prepare an Affidavit of Service. The Affidavit of Service and the Admission of Service documents are referred to as the "proof of service." The PETITIONER must file the original proof of service in the Family Court Office and keep a photocopy of this document for his/her records. Admission of The form that verifies for the court that the person being served admits receipt Service: of the documents from the party providing service. Affidavit of The form that certifies for the court that service has been completed Service: 5. Service by Publication is a last resort and can only be used if personal service is not possible. Before attempting this last resort, however, parties should seek legal assistance. There are specific and complicated rules that must be followed to successfully serve a party by publication Individuals should seek legal assistance to discuss the option of Service by Publication if:  He/she has tried personal service through the Sheriff's Department or a Private Process Server, and  He/she has given them as much information as possible to help them find the other person, and  The Sheriff's Department or Process Server cannot find the other person after a diligent search, and  He/she has been given an Affidavit of Due Diligence/Not Found stating the other person could not be found. Keep this affidavit. NOTE: Publication must be done within 90 days of the day the forms are filed- so DO NOT delay. Remember--if the documentation is not properly served, the action will be dismissed. If the PETITIONER is unable to serve the Summons and Petition within the 90 days for service, he/she may be able to have the court or court commissioner sign an Order Enlarging Time for Service. This can be done without notice to the spouse, upon demonstration of good cause, which may include your efforts to have the spouse served, or sufficient reason to believe that he/she is avoiding service. Order Enlarging The form that allows an additional sixty (60) days to serve the Summons Time for Service: and Petition if the Petitioner can demonstrate good cause to the court. 6. After Service The PETITIONER. No matter who serves the forms on the RESPONDENT, the PETITIONER must obtain a "proof of service," make at least one copy for his/her records, and file the original with the Family Court Office, Courthouse Room 220. The PETITIONER may also receive a copy of the completed Answer & Counterclaim form from the RESPONDENT. If you do not receive an Answer & Counterclaim from your spouse, and he or she is not in the Military, complete an Affidavit of Non-Military Service and Default. If your spouse is in the Military, Federal law (Soldier and Sailor Relief Act) provides special protections for him or her. In this case, obtain a copy of the Military Spouse Packet. The form that contains the RESPONDENT's official response to the facts, requests, and allegations made by the PETITIONER in the Petition. This document also provides for the RESPONDENT to make his/her own allegations and requests. Answer & Counterclaim Affidavit of NonThis document verifies that the RESPONDENT is not in the military and Military Service and has not responded in any way to the Summons and Petition. Default The RESPONDENT. Once served, the RESPONDENT may complete an Answer & Counterclaim form. This form serves as the written Answer that was referred to in the Summons. Make three (3) copies (4 if the State is party). The original form and one (1) copy must be mailed to or filed with the Family Court Office, Courthouse Room 220 (see Summons for complete address) within twenty (20) days from the date of service. A copy of the Answer & Counterclaim must also be mailed or delivered to the PETITIONER at the address listed on the Summons, and to the Child Support Agency `if the State of Wisconsin is involved (address can be found in the caption of the Summons). 7. Temporary Agreements/Orders/Stipulations Whether a Temporary Hearing is requested or not, the agreements or arrangements the parties have made until the divorce is final should be put in writing in one of two ways: by temporary agreement by the parties or by Temporary Order by the Family Court Commissioner. If a Temporary Hearing was not requested, the parties must put in writing their agreements (parties should use the Stipulation for Temporary Order form) and file the document with the Family Court Office, Courthouse Room 220. This will serve as the parties' Stipulation. Parties must file the Stipulation, along with two copies, in the Family Court Office, Courthouse Room 220. The Stipulation does not become a Temporary Order of the court until a judge or commissioner signs and returns a copy to you. Once returned, the Temporary Order must be followed until the date of the final hearing or trial. If a request for a Temporary Hearing was made, see section 8 to learn how to obtain a Temporary Order from the Family Court Commissioner. 8. The Temporary Hearing The following section assumes that the Affidavit for Temporary Order and Order to Show Cause for Temporary Order forms have been completed, filed, and served on your spouse as described in sections 3,4, and 5 above. The Order to Show Cause for Temporary Order contains the date, time, and place the Temporary Hearing will take place, as well as orders of the court that are to be followed by both parties until the Temporary Hearing occurs. As a part of the Order to Show Cause for Temporary Order, the court orders each party to prepare and bring with them the following items:  Wage statements showing year-to-date income and deductions, or statements of other sources of income if not employed, for a period of twelve (12) weeks before the hearing.  The original and two copies of completed, signed, and dated preliminary Financial Disclosure Statements. In addition to preparing and gathering the mentioned items, each party should also make a list of the issues that are in dispute, identify how they would like commissioner to rule on each issue, and list an explanation as to why the commissioner should rule in his or her favor. When possible, parties should also bring documentation to support their positions. Arrive at the courthouse at least one half (1/2) hour before the scheduled hearing, and DO NOT bring any minor children (even if there are issues regarding placement or custody). This time should be used to meet with your spouse to attempt to make agreements about the disputed issues. The more issues that parties can agree on, the fewer that will be made by the commissioner. During the Temporary Hearing, the commissioner will ask each party for his/her requests. After hearing both parties, the commissioner will make decisions and prepare a Temporary Order. The commissioner will make a copy for each party. Each party is required to follow the Temporary Order until the divorce is final or the Temporary Order is amended. 9. Completing the Divorce From this point, divorces can take two very different paths: Stipulated or Contested. The Stipulated Divorce is one in which the parties are in agreement about ALL the issues and do not need the court to make any decisions for them. A Contested Divorce is one in which at least one matter remains disputed that the court will have to make a decision about at trial. These cases take longer because a trial is necessary. Cases may begin as Stipulated Divorces and at any point a dispute may occur that would cause the case to have to go to trial. On the other hand, parties that have a case that has many disputes to begin with, may find that after communicating they are able to work things out, at which time the divorce becomes stipulated, and finalize their divorce at the PreTrial Conference. A Temporary Hearing may help with this process. However, if you have disputes which require a trial, it is recommended that you retain legal counsel. In using the State Court website you will access the forms you need top conclude your divorce which forms are mentioned in the discussion below. If you used the online interview process on the State Courts Web Site click on the link below and follow the directions: https://prosefamily.wicourts.gov/pages/online_interview.html If you used the printable forms from the State Web Site Click below, select Winnebago County and print the forms you need: https://prosefamily.wicourts.gov/pages/interview/start?which=county_packet There may be additional forms you will need that aren’t on the State Courts Web Site. Those forms are your Testimony for your final hearing and Order for Appearance. Those forms are available on this web site or at the Family Court Commissioner’s Office, Room 220 at the Winnebago County Courthouse. A. Stipulated Divorce Although Wisconsin law provides that a minimum of 120 days must pass from the time the RESPONDENT was served with the Summons and Petition until the case can be tried, there are many things that need to be accomplished before that time. Many parties target to have their divorce granted on the 121st day. This is a reasonable goal if not many issues are being disputed and the two parties are able to cooperate with one another. The parties need to complete the appropriate Financial Disclosure Statements. This statement must include each of the party's debts and assets. The value to be included is "fair market value," that is what the item could be sold for. It is generally not purchase price or replacement value. In addition to disclosing all assets and liabilities, parties must also disclose income from all sources and monthly living expenses. If parties cannot agree upon the value of an asset, they may need to have it appraised. Assets include future interests such as pension plans. In completing the Financial Disclosure Statements, parties should be sure to indicate whether any asset was acquired by way of inheritance or a gift from someone other than their spouse, as these may be nonmarital assets not subject to division. After exchanging Financial Disclosure Statements, parties may want to see some further financial data that may be in one party's possession, particularly if that document was the basis of the value of an asset or liability listed in the financial declaration. For example, if a 401(k) or profit sharing plan has gained interest, the other party may want to see the most current statement that has been received that indicates the value of the interest in the plan. In legal terms, this is part of the "discovery process". Generally, courts encourage the free exchange of financial data and can impose sanctions upon a party who does not respond to a discovery request. The object of discovery is to ensure that both parties are knowledgeable as to all assets and liabilities before entering into any settlement negotiations. Any final settlement agreement that is not based upon a full disclosure of assets and liabilities may create serious problems in the future. See Wisconsin statute 767.27. Subsection (4) of that statute authorizes the court to accept as accurate any information provided in the statement of the other party or obtained by the Department of Health and Social Services or the county child and spousal support agency. Also note subsection (5) of that statute which provides that if any party deliberately or negligently fails to disclose information required, and any asset having a value of $500 or more is omitted from the final distribution of property, the other party aggrieved by such nondisclosure may at any time petition the court for relief which may include the award of that asset or its value to the aggrieved party. After both parties are satisfied that the other has fully disclosed their finances, complete the Marital Settlement Agreement form. Read the instructions for the Marital Settlement Agreement form carefully and complete every section that applies to the case. The Marital Settlement Agreement must be complete and provide for the division of ALL property and debts if parties want the court to grant the divorce at the Final Hearing. If there are issues that either party does not agree on, and on which the court will need to make a final decision, the parties must file a Request For Scheduling form with The Family Court Office in Room 220 of the courthouse. This form is available at the Family Court Office. The form identifies which issues you do not agree on. If you have issues in dispute, you are strongly encouraged to consult with an attorney. . As parties agree to additional issues, they should complete the corresponding sections of the Marital Settlement Agreement. Marital Settlement Agreement: The form that contains all of the issues that have been agreed to by the parties, which is incorporated into the final divorce papers. If proceeding with a Stipulated divorce, the Parties must bring or send the following items to the Family Court Commissioner's Office, Room 220 Winnebago County Courthouse: the appropriate completed, signed, and dated Financial Disclosure Statement, wage statements showing year-to-date income and deductions, or statements of other sources of income if not employed, for a period of twelve (12) weeks before the hearing, 4 copies of the Marital Settlement Agreement (5 copies if the Winnebago County Child Support Agency is involved in the case), and two (2) 8 1/2" x 11" envelopes (3 if the State is a party to the action), one addressed to the PETITIONER, one addressed to the RESPONDENT, and one addressed to the Child Support Agency (if a party) with appropriate postage on each envelope. The Marital Settlement Agreement and Financial Disclosure Statements will be reviewed by the Family Court Commissioner. If nothing further is required, the parties will receive their copies of the Marital Settlement agreement back with the approval of the Agreement or a letter which indicates that the approval will be deferred until final hearing. A few weeks later the parties will receive a notice of the time, date, presiding judge and room number for their final hearing. If you are afraid the other party will not appear at the final hearing, you should have the court sign an Order for Appearance. You must have the Order for Appearance served on the other party by the Sheriff's Department or private process server. At the time of your final hearing, your case will be called. You must complete the Vital Statistics form and hand it to the bailiff or clerk. The parties will be sworn and one will be required to read the Testimony into the record. The Testimony is a document you will find on this website. You must complete the form prior to your final hearing. Bring the completed Testimony with you to the Final Hearing and read it into the record when the court instructs you to. Complete your Findings of Fact Conclusions of Law and Judgment of Divorce and bring five copies with a copy of your Marital Settlement Agreement stapled to each copy. Complete your Testimony form. Complete the vital statistics Certificate of Divorce. Bring these documents to your final hearing. Arrive at the hearing at least 10 minutes early. Give the completed Certificate of Divorce and Findings of Fact Conclusions of Law and Judgment of Divorce to the court. You will be called into the courtroom. Your case will be called. The parties will be sworn. One of the parties will read from the Testimony form to establish the jurisdictional and factual basis and legal grounds for the divorce. After the testimony of both parties the court will proceed. If the divorce is granted, your Findings of Fact Conclusions of Law and Judgment of Divorce will be signed by the court and your copies provided. If additions need to be made to the Findings of Fact Conclusions of Law and Judgment of Divorce for oral modifications to your Marital Settlement Agreement, you will have to redraft the Findings of Fact Conclusions of Law and Judgment of divorce and submit it to the court within 30 days of you final hearing. There may be other documents you need to transfer title to real estate and interests in pension plans in your divorce. Those documents include deeds and Qualified Domestic Relations Orders (QDRO) which are NOT among the forms on this web site. The court CANNOT prepare these documents for you. If you need a deed or a Qualified Domestic Relations Order, it is strongly recommended that you consult an attorney to draft these documents for you. B. Contested Final Hearing If you and your spouse cannot come to an agreement on major issues, it is strongly recommended that you not proceed without an attorney. Many issues involving property division, child support and maintenance are complicated legal matters requiring the expertise of an attorney. If you have no child custody/placement issues, nor any other major issues, or if there really aren't any disputes and your spouse is merely refusing to sign the Marital Settlement Agreement, you may submit an unsigned Marital Settlement Agreement prepared to present the way you would like any issues decided by the court along with your Financial Disclosure Statement. That may be submitted to the Family Court Commissioner, Room 220 of the Courthouse along with a Request for Scheduling form. You may obtain the form from the Family Court Commissioner's Office. It must be completed to indicate what issues you believe are in dispute and returned to the Family Court Office. However, if you have disputed issues, it is strongly recommended that you retain legal counsel. Below are some additional forms you may need in this county which you will not find on the Wisconsin Courts web site, together with some procedural instructions you may find helpful..