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Summons & Petition For Annulment (No Minor Children) - Wisconsin
| Summons & Petition For Annulment (No Minor Children) Form. This is a Wisconsin form and can be used in Family Court Dane Local County . |
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INSTRUCTIONS FOR SUMMONS AND PETITION FOR ANNULMENT (NO MINOR CHILDREN) This form is intended for use by an individual who wishes to file for annulment. The form is to be used when the parties do not have children together who are under the age of 18. You can file for annulment only if at least one of the parties has lived in Dane County for thirty (30) days or if the parties were married in the State of Wisconsin within one year immediately before filing for annulment. Read and fill out the forms. Type or print neatly. Please carefully review the following instructions. The numbers on the instructions below correspond to the numbers on the forms. PETITION FOR ANNULMENT In the caption at the top of the first page, print your name on the line labeled "Petitioner". Print your spouse's name on the line labeled "Respondent". 1. Print your full name on the line labeled "Petitioner's name". Print the other information requested. 2. Print your spouse's full name on the line labeled "Respondent's name". Print the other information requested. 3. Fill in the date on which you were married and the county and state where the marriage took place. 4. Circle the option that indicates why you are filing for annulment. 5. Check whether the husband, wife or both parties have resided in Dane County for 30 days or if you were married in the State of Wisconsin within one year immediately before filing for annulment. 7. If the wife is pregnant, cross out the word "not". 8. If one or both of you have previously filed for a legal action affecting this marriage, state in the space provided who filed, in what county and when (if you know the date). 9. If either of you were previously married, indicate in the space provided which party was previously married, to whom, and the date the marriage was terminated (if you know the date). 11. Circle the items that you are requesting the Judge to order. Sign and date the Petition for Annulment where indicated. American LegalNet, Inc. www.FormsWorkFlow.com SUMMONS In the caption at the top of the first page, print your name on the line labeled "Petitioner". Print your spouse's name on the line labeled "Respondent". On the first blank line in the middle of the first page, print your name. Print your address on the second blank line. Date and sign the document where indicated. CONFIDENTIAL PETITION ADDENDUM The Confidential Petition Addendum form may be obtained at www.countyofdane.com/court/prepare/formFamily.aspx or in the Legal Resource Center, Room L1007, of the Dane County Courthouse. 1A. 1B. 1C. 2A. 2B. Print the wife's full name and the requested information. Print the husband's full name and the requested information. Complete only if applicable. Check the "None" box if the parties to this action have no minor children together. Complete if applicable, or check the "None" box. Date and sign the document where indicated. Make three additional copies of your documents after you have signed them. FILE CASE AND PAY FEE Take the original and three copies of the forms to the Clerk of Courts, Room 1000, Dane County Courthouse, 215 S. Hamilton Street, Madison, WI 53703 to file the case. If you are requesting maintenance, the filing fee will be the current Family Action to Commence with Petition for Maintenance or Support fee. If you are not requesting maintenance, the filing fee will be the current Family Action to Commence with NO Petition for Maintenance or Support fee. The fee chart may be obtained at http://www.countyofdane.com/court/prepare/fees.aspx or in Room 1000 of the Dane County Courthouse. ***If you believe that you are entitled to a waiver of the fee due to poverty, you will need to complete a Petition for Waiver of Filing and Service Fees available at the Court Commissioner Center, Room 2000, Dane County Courthouse. The Court will determine if the fee can be waived. If you ask for a waiver, do so before paying any fees, not after. In order to receive a waiver, a requester receiving aid must provide: The completed Petition for Waiver of Fees and Costs Affidavit of Indigency and Order, Form CV-410; and The proposed pleading, original and required copies. Updated 01/03/12 American LegalNet, Inc. www.FormsWorkFlow.com If the requester does not receive aid, he/she must complete Section 2 of the Petition and provide the following: The completed Petition for Waiver of Fees and Costs Affidavit of Indigency and Order, Form CV-410; The proposed pleading, original and required copies; and Paystubs for the past 30 days for any type of income, earned or unearned; Taxes for self employment; Unemployment amounts, if any received; Child support payments received. SERVE THE SUMMONS AND PETITION FOR ANNULMENT You must serve your spouse with an authenticated copy of all documents you filed with the Court. Service must be accomplished within 90 days of the filing date. Below are some of the options you may use for service. Service by Sheriff If the other party lives within Dane County, you may have the documents served on the other party by the Dane County Sheriff's Office Civil Process Unit, Public Safety Building, 115 W. Doty St. Room 2002, Madison, WI 53703. The Sheriff's Office will need two copies of the forms you filed in Step 2. There is a $40 charge for every service attempt plus 55.5¢ per mile, round trip, that the deputy travels. Once the Sheriff has served the forms, you will be sent a Proof of Service form. Make a copy for your records and return the original to the Court Commissioner Center, Room 2000 of the Dane County Courthouse. If the person to be served lives outside of Dane County, call the Sheriff's Office in that county for instructions on service of the paperwork. Service by Private Process Server You may use a private process server to serve the documents. To locate a private process server, look in the phone book yellow pages under "Process Servers." Once the forms have been served, you will be sent a Proof of Service form. Make a copy for your records and return the original to the Court Commissioner Center, Room 2000 of the Dane County Courthouse. Admission of Service If you believe the respondent will be willing to admit that he or she received the Summons and Petition, you can have the respondent sign an Admission of Service form available at the Dane County Legal Resource Center in Room L1007 or online. If an Admission of Service form is signed by the respondent, you do not need to have the respondent served by the sheriff or a private
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