1. Do NOT send anything to the court that you do not want the other party or the public to see.  With very limited exceptions, your file will be public record.
2. You are NOT allowed to have a private conversation with the judge or court commissioner about your case. This means you may not speak to them directly or send letters to them unless the other party is present or copied in on the correspondence.  Materials sent to the judge will be unread unless forwarded to all parties. 
3. If you come to court to enforce or modify your judgment or court order, bring a copy of the judgment or order that pertains to the issue.
4. If you need the testimony of other persons, have them come to court.  Letters or written statements from others are usually NOT admissible in court.
5. Only one person may speak at a time. This is especially important to remember when appearing by phone. Parties are not allowed to interrupt others except when making legal objections.
6. Legal objections may be made only if the other party attempts to introduce evidence that is not legally admissible. You cannot interrupt or object to a person’s statement just because you do not agree with it; make a note of it and give your side of the story when it’s your turn to speak.
7. At a hearing, the court generally cannot issue an order or take action unless written notice of the issue or request was given all parties ahead of time.
8. There are limits on when a parent can request a change in custody or placement of their children.  It is highly recommended that you retain a lawyer in all cases in which custody or placement is contested.
9. The Court is not able to appoint attorneys in family cases.

There are exceptions to most of these guidelines. It is highly recommended that you speak with an attorney if you have additional questions. Court staff cannot give legal advice.

A divorce or paternity case is started by filing the original Summons and Petition with the Clerk of Courts and paying the filing fee.  The fee can be waived by the Court if you file a written request which shows that you are indigent.  Those forms can be obtained at the Clerk of Courts office.

When you file the original Summons and Petition, the copies must be authenticated, which means stamped by the Clerk of Courts. Authenticated copies must be served on each party not later than 90 days after filing (Sec. 801.02, Wis. Stats.).

You should keep a copy of all documents pertaining to your case.

The Summons and Petition should be prepared with at least four copies. The originals are always filed with the Court.  Copies must be served on all other parties.  Two copies should be delivered to the Sheriff for service of one copy on the other party. The second copy is used by the Sheriff for the proof of service so that the sheriff can file it with the Court.  In any case in which state or federal aid is being received, the Child Support Agency should be served a copy also.

Personal service means actually delivering a copy to the person served. The only time you can use the mail for personal service of the Summons and other first documents is if the person served signs a written receipt admitting that he or she received the paper and stating when it was received.  The receipt is called an Admission of Service. You must then file that receipt or Admission of Service with the Court. Unless the other party admits service, personal service cannot be made by a party (Sec. 801.10).  That means you cannot personally serve the summons or petition on the other party to start the divorce.

Generally, personal service is done by the Sheriff or local police. However, any adult except a party may also serve papers. There are some persons called process servers who make a living serving papers. A process server will generally charge about $35 to serve a document, but it could be more depending on how many attempts they have to make and how far they have to travel.

If the Sheriff cannot find the other party or cannot make substituted service on a competent member of the family at least 14 years of age, he will sign a certificate so stating. The Court will want to be sure that a diligent effort was made to serve the respondent. Therefore, you must file the certificate from the Sheriff or other process server showing that the other party could not be found and that you have tried diligently to locate the other party and were not successful.  You may then publish the summons in a newspaper (Sec. 801.11(1)(c) and 801.02(3)(a)).  The Summons to be published is different from the regular Summons - make sure you publish the right form. You must pay the cost of publication. The Court cannot waive the newspaper's publication fee.

Service by mail, certified, registered, or otherwise, even with a return receipt, does not constitute personal service. However if service is by publication, you must mail a copy of the summons and petition to the respondent at least by the date of the first publication (Sec. 801.11(1)(c)).

Once a party is served with a Summons and Petition, he or she has 20 days to answer. (Respondent has 40 days to demand a copy of complaint if service is by publication.)  If the respondent also wants a divorce, he or she should file a counterclaim. If respondent does not file a counterclaim, respondent cannot get divorced if the petitioner fails to appear at the final hearing, or dismisses the case.

Once a party is personally served with a Summons and Petition, the Court has personal jurisdiction and that party or their attorney may be served by mail with other papers such as notices for hearings (Sec.801.14).  However, there are several exceptions in which personal service is required.  For example, enforcement of placement orders specifically requires personal service of the notice of hearing (Sec. 767.471).

If you have any other questions about starting a family case, please speak with an attorney.  The Clerk of Courts can assist you with forms and service information, but Court staff cannot give legal advice.

If any children have been born to the wife during the course of the marriage, the law presumes that the husband is the father of those children.  In other words, the husband is the child(ren)'s legal father unless or until the Court determines otherwise. 

If there is a question as to whether or not the husband is the father of any child born to the wife, the law REQUIRES that a guardian ad litem be appointed to investigate whether or not the husband is the biological father of the child.  A guardian ad litem (or GAL) is an attorney appointed by the Court to represent the best interests of the child in Court.

If the wife is PREGNANT at any time while a divorce is pending, a guardian ad litem MUST be appointed to determine the paternity of the unborn child.  The Court should be notified as soon as possible if the wife is pregnant.  Failure to do so could delay the progress of your case.

The Court is also required to appoint a guardian ad litem AT ANY TIME in a divorce or paternity case when legal custody or physical placement of a child is in dispute and mediation has been unsuccessful.

The parents of the child(ren) will generally be required to pay the guardian at litem's fees, including an initial deposit and payments once the matter is completed.

The law requires a waiting period of at least 120 days before your divorce can be finalized.  In the meantime, issues of custody, support, property division and maintenance while the action is pending can be addressed in a "temporary order hearing."  Temporary orders are issued by the Family Court Commissioner.  If the parties can agree on all or any of the issues, they should put their agreement in writing, signed by both parties, and file it with the Clerk of Courts.  If the Family Court Commissioner has no objection to the stipulation, a temporary order will be issued in accordance with the agreement.  If circumstances change while the case is pending, either spouse can request additional temporary order hearings.  Paperwork to request a temporary order hearing - or to record a stipulation for temporary orders - can be obtained under Family Law Forms or from the Clerk of Courts.  Temporary orders remain in effect only until the final hearing.

At the end of the 120-day waiting period, your case will be scheduled for a "return date" with the Family Court Commissioner (FCC).  The FCC can finalize your divorce at the return date if you and your spouse agree the marriage is "irretrievably broken," and have fully completed a Marital Settlement Agreement.  Fill-in-the-blank Marital Settlement Agreement forms can be obtained under Family Law Forms or from the Clerk of Courts.

If you and your spouse cannot agree on any of the issues in the Marital Settlement Agreement, your case will need to be set for further proceedings in front of the judge.  At your return date, the FCC will then schedule your case with the judge's office.

At or after your final divorce hearing, you and your spouse (or your attorney if you have one) will need to complete and file the Findings of Fact, Conclusions of Law and Judgment (also known as a divorce judgment).  You can obtain fill-in-the-blank FFCLJ forms under Family Law Forms or from the Clerk of Courts.

If you wish to appeal a decision of the Family Court Commissioner, you may file a request for "de novo review" with the Clerk of Courts.  A de novo review is a new hearing of the matter in front of the judge.  Requests for de novo review in a family case must be filed with the Clerk of Courts within 30 days of the FCC's decision.  You cannot request a de novo review if the decision was based on a stipulation (agreement by the parties) or default (you didn't show up for your hearing).

Decisions of a judge can be appealed to the Wisconsin Court of Appeals.  You are strongly advised to retain an attorney if you wish to pursue action in the Court of Appeals.

If the other party is not following a Court order, you may have several options.

First, we always recommend that you speak with an attorney about the issue if possible.

If the other party is not following an order regarding child support or medical expenses for your child, you should contact the Dodge County Child Support Agency.  Click on Child Support, or visit their office on the 3rd floor of the Dodge County Justice Facility.  They can often take enforcement actions on your behalf, or provide other assistance.

If the other party is not following a restraining order, or a specific order regarding custody or placement, you should contact your local law enforcement agency.

If your current order is vague or subject to different interpretations, you may need to have the order clarified.  Stop at the Clerk of Courts office to file a motion to modify the order, or to request mediation for custody or placement issues.

If the other party is deliberately violating a specific Court order, you may file a motion to have them found in contempt of court.  Contempt paperwork can be obtained under Family Law Forms or from the Clerk of Courts office.  You will need to have your paperwork served on the other party by the Sheriff's Department or other process server.

There are two ways to change a judgment or order.

If both parties agree to the change, they can put the agreement in writing, sign it and file it with the Clerk of Courts.  The stipulation does not become the new order unless or until it is approved by the judge or Family Court Commissioner.

If the parties do not agree to change the judgment or order, either party can file a motion to modify it with the Clerk of Courts.  Paperwork to request a modification can be obtained under Family Law Forms or from the Clerk of Courts office.  The legal requirements for changing custody or placement are strict and we do NOT recommend that you attempt to change custody or placement without a lawyer.

If you wish to modify a CHILD SUPPORT order, we recommend that you contact the Dodge County Child Support Agency - click on Child Support or visit their office on the 3rd floor of the Dodge County Justice Facility.  They may be able to file a motion on your behalf, or give you additional assistance.  The Court generally cannot change PAST child support, so it is important to contact the Child Support Agency or file a motion as soon as possible if placement or financial circumstances have changed.

Child support continues until the child TURNS 18 AND GRADUATES from high school.  (If the child is still in high school or a similar program, support may continue until he or she turns 19.)  If any of those events is coming up, please contact the Child Support Agency.

"Do it yourself" Wisconsin Circuit Court forms can be found at the Wisconsin Courts website:

Wisconsin Circuit Court Forms

Dodge County family court forms, including the fixed sum support order and recommended orders regarding health insurance and medical expense reimbursement, can be found here:

CSA Forms Library

Fixed Sum Support Addendum

Medical & Variable Expense Reimbursement

Variation from Percentage Standard Guideline