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Summons & Petition For Annulment (With Minor Children) - Wisconsin
| Summons & Petition For Annulment (With 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 (WITH 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 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. 6. 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). 7. 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). 8. In the space provided, list the names and birthdates of the minor child(ren) born to or adopted by the parties. 9. If any children were born to the wife during the marriage and her husband is not the father, list those children here with their birthdates. If all children born to the wife during the marriage are children of the husband, print "none" in this section. Updated 01/03/12 American LegalNet, Inc. www.FormsWorkFlow.com 11. If the wife is pregnant, cross out the word "not". 13. Circle the items that you are requesting the Judge to order. Sign and date the Petition for Annulment at the bottom of the third page. 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 on the third page. UNIFORM CHILD CUSTODY JURISDICTION ACT AFFIDAVIT 1 3. Provide the information requested on the lines indicated. 4 5. If there has ever been a court case as to custody of your children, check the "yes" box and explain where indicated. If there has never been a court case as to custody of your children, check the "no" box. 6. If any person, other than you and your spouse, has physical custody of the child or custody, visitation and placement rights, check the "yes" box and explain who it is. If no other person has such rights, check the "no" box. Sign the Uniform Child Custody Jurisdiction Act Affidavit in front of a Notary. 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. Print the child(ren)'s full name and the requested information. Complete if applicable, or check the "None" box. Sign and date the form. Make three additional copies of your documents after you have signed them. Updated 01/03/12 American LegalNet, Inc. www.FormsWorkFlow.com 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 child support or maintenance, the filing fee will be the current Family Action to Commence with Petition for Maintenance or Support fee. If you are not requesting child support or 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 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. 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. Optional - If you would like to apply for services from the Dane County Child Support Agency, complete an "Application for Child Support Services" (form available at LRC, CCC, or online). The application should be completed (including your newly assigned court case number) and mailed to the Dane County Child Support Agency at the address listed on the form. 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 Uni
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