Didn't find an answer to your question?
Contact the Clerk of Courts at
the location above or the Dane County Legal Resource Center at 266-6316.
If I qualify for a fee waiver do I have to pay for forms or copies?
Yes. The fee waiver covers filing and service fees only. Forms and copies still require a fee.
Can I use white-out on the forms or do I need to buy a new set?
If you need to make corrections prior to filing, white-out or other correction fluid is acceptable. If the corrections are crossed out, the parties should initial the changes. If you need to make corrections or amendments after filing, a new set will be needed with the word "Amended" written on the top. Corrections cannot be made on the Original Certificate of Divorce. A new form would be needed.
Can I use photocopied forms?
It's fine to use a photocopy of a blank form. However, any required copies made from the original must be true photocopies, i.e. they cannot have information written in later.
Are there any forms in other languages?
No. The court system's official language is English. Court interpreters are available upon request and services are available twice per month to help people fill out forms.
What if there are no forms for my situation?
You should search for an appropriate form on the Wisconsin Court System website, contact the appropriate court office or law library for a form, and search the sample form books contained in the collections of law libraries. There may still be a situation where there is no form for your situation. In most cases, the judge or appropriate court office will allow you to draft a form or letter indicating the facts about the situation, including whether you are trying to do something based on a previous case you've been involved in, what you would like the court to do, and your reasons for asking. Sometimes, you may need to consult with an attorney or legal assistance center to make sure your drafted form or letter is complete and formatted correctly. In most cases, the judge or appropriate court office will allow you to draft a form or letter indicating the facts about the situation, including whether you are trying to do something based on a previous case you've been involved in, what you would like the court to do, and your reasons for asking. Sometimes, you may need to consult with an attorney or legal assistance center to make sure your drafted form or letter is complete and formatted correctly. Please note that the pages of any submitted forms must be no larger or smaller than 8.5" x 11".
Are there any places in the courthouse that will help me fill out a form?
Yes! While court offices and staff are generally prohibited from assisting with form completion, there are at least
three places where you will be able to get some help. If the form or assistance you need to complete is family-related,
there is the Family Law Assistance Center, available every Wednesday from 11:30-1:30 in Room L1000 of the Courthouse.
If the form or assistance you need is Small Claims-related, there is the Small Claims Assistance Program, available
every Tuesday from 9-11 a.m. in Room L1000 of the Courthouse. Both programs are staffed using volunteer attorneys
and other experts from the Dane County Bar Association and Community. The volunteers will not give legal advice,
but will offer assistance with forms and other procedural information. A third place to go for limited assistance
with forms and procedures is the Dane County Legal Resource Center, located in Room L1007 of the Courthouse, and open
to the public 8:30-4:30 Monday through Friday.
On the last page of the divorce forms with children, does only one party need to sign the form in front of a notary?
Yes, only one party needs to sign the last page in front of a notary. On the joint petition, both parties need to sign the next to last page of the form.
What is the "Vital Statistics" form?
The "Original Certificate of Divorce or Annulment" is also known as the Vital Statistics form.
On the Summons I was served, it says I must respond with a written answer. If I agree to the terms and don't want to make a counterclaim or deny anything, must I respond with an answer before the hearing?
No. The Answer and Counterclaim is to be used to deny factual statements in the petition or make a counterclaim. If an answer and counterclaim is filed, copies must be provided to the spouse or their attorney.
Is there a form to waive the 120-day waiting period?
The waiting period can only be waived under rare circumstances defined in the law. You may send a letter to the judge, asking for the waiting period to be
waived and listing the grounds under which it should be waived.
How can I get a copy of my final divorce judgment?
Contact the Clerk of Courts Records Center in Room 1002 of the Dane County Courthouse, 215 S Hamilton St, Madison, WI, 53703 or call (608) 266-4311 for information. Requests must be made in person, by mail or by FAX. Telephone requests are not accepted. There is a charge of $1.25 per page for the copies.
How can I set aside a divorce judgment and stay married?
Both parties must sign a notarized application, which is sent to the judge for his/her consideration.
Where do I get a copy of my divorce certificate from x years ago?
Vital Records office, (608) 266-1374, Room 158, 1 W Wilson Street, Madison, WI 53703.
Where do I get a QDRO form?
If the form is needed to divide Wisconsin Retirement System benefits, the form is online
at the State Employee Trust Funds website. Otherwise,
the person's employer may have a specific form. If not, it would be best to consult with an
attorney.
Where can I get a Quit Claim deed?
On the WisBar website under Legal Forms-Real Estate.
Can a trial de novo be used in family court?
A person requesting the trial de novo should send a request to the
judge with a copy to the spouse and/or spouse's attorney. You may only request a trial de novo if you appeared at the first hearing and the issues were contested.
What's the difference between a contempt motion and a motion to modify?
Generally, the contempt form should be used to enforce an order. The other motion forms are to be used to change an order.
What's the difference between the contempt forms and the Petition to Enforce Placement forms?
The motion to enforce placement can be used by a parent to obtain financial compensation for expenses incurred because the other parent didn't follow the placement order.
An injunction may be entered. If you violate the injunction, criminal penalties may apply.
How do I erase back support (arrears) from my record?
The "Motion to Change Support" form can be adapted to
request that a payment on arrears be established. If the person under the support obligation is under an income
assignment, they can write to the Court Commissioner's Center and request that the Court
Commissioner increase the income assignment until the arrears are paid.
How do I put custody or support orders in place? There's never been one before.
If the parties were married and have never had an order, you can use the Motion to Change Support or Motion to Change Custody/Placement form. If the parties were not married, but already have an order regarding some aspect, such as support or custody, they can use the Motion to Change forms. If the parties were not married and paternity has been established, they should use the Paternity forms. If the parties were not married and paternity has not been established, they should contact the Child Support Agency, Room 106, City-County Building, available by telephone at (608) 266-4031.
Are there any forms for grandparent visitation?
There are no court-approved forms currently available. The parties may draft their own forms, and may use the Family Law Assistance Center (11:30-1:30 every Wednesday in Room L1000 of the Dane County Courthouse) for assistance with this process.
Where do I get a CHIPS petition (a petition for protective service for a child/juvenile)?
Only the district attorney, guardian ad litem, social worker or an attorney can file a CHIPS petition in Dane County. The district attorney's office approves all CHIPS petitions prior to filing with juvenile court.
What is a satisfaction of judgment form?
When a judgment is ordered, for example a money judgment in small claims court, and
the money is paid directly to the creditor, the court needs to know so that the debtor's
record is cleared. Form
GF-129 (mandatory form) is completed by the creditor and provided to the defendant.
The satisfaction is then filed with the Clerk Of Courts with a $5 fee. If the satisfaction
of judgment is due to discharge in bankruptcy, there is a specific form available for purchase
at the Dane County Legal Resource Center (Room L1007 in the Dane County Courthouse), or online on our
Small Claims Forms page.
Do you have any lien forms?
On the WisBar site are lien forms. If it's non-construction lien forms that are needed, we generally look in the Condominium Law book (CLE State Bar book) for sample forms to modify.
Do you have bankruptcy forms?
There are bankruptcy forms on the Western District of WI Bankruptcy Court and US Bankruptcy Court websites.
Court Forms