Racine County, WI
Home MenuWelcome to the Family Court & Family Court Commissioner's webpage for Racine County.
Matters handled in Family Court include: divorce, paternity, and child support. This site is designed to provide you with important and helpful information to deal with the above types of situations. While we realize that it is impossible to provide all of the information needed to deal with every case, we have provided an ample amount of information as well as links to additional websites. While navigating through our website, you may find these links helpful.
The information on this site is not legal advice, nor is it a replacement for good legal advice. For information on what the site is (and is not), please see the Use Limitations.
The only way to get good personalized legal advice is to hire an attorney. An attorney can represent you in court and provide you with specific advice for your case.
There are a few options that you have in regards to hiring an attorney. The options include:
- Full Representation: your attorney will handle the case for you.
- Limited Scope Representation: your attorney will represent you for a limited amount of issues that you both agree upon.
- Mediator: your Mediator may meet with both parties to help reach an agreement and also may help with paperwork.
The Dane County (Wisconsin) Bar Association, in cooperation with the State Bar of Wisconsin, has prepared videos on the divorce process titled “Moving On: A Guide to Pro Se Divorce.” There is a Spanish-language version of at least one of these videos. You can watch these videos on-line at the Dane County Bar Association website by clicking on this link .
Appeals
If you are not satisfied with a court decision, judgment or order made by a Circuit Court Judge, you are entitled to appeal that decision to the Court of Appeals. An appeal asks the Court of Appeals to look at what the Circuit Court Judge did to determine if they made the right decision and/or followed the correct procedure.
Guide to Appellate Procedures for the Self-Represented:
Filing an Appeal FAQs:
DeNovo Reviews
When you want a judge to review a decision that was made by a Circuit Court Commissioner because you disagree with what the Circuit Court Commissioner decided you must file for a New (DeNovo) Hearing. Either party may request a DeNovo Hearing, but the request must be made within specific time limits.
Reviews of Court Commissioner Decisions:
Once an decision has been made by a Family Court Commissioner, any party may request a review of their decision before a Circuit Court Judge. This request must be made in writing (using form FA-4130) and filed with the Family Court on the 3rd Floor of the County Courthouse. The court will schedule a date and send notice to all parties.
Divorce, Legal Separation & Annulment
Procedurally, the three do not differ much, however, it is important to understand the difference before filing and understand what they will provide to you in terms of relief.
Annulment
An annulment is a court procedure that declares that a marriage never existed. However, a court may annul a marriage only under limited circumstances. A short term marriage is NOT a legal reason for annulment. See Wisconsin Statute 767.313 for the acceptable reasons to request an annulment. The forms, instructions, and procedural information provided by the Family Division Self-Help Program are not designed to be used to request an annulment. Please seek legal assistance if you feel you qualify and would like to file for annulment.
Divorce
Divorce ends a marriage. The court rules on the division of property, maintenance (spousal support), and if necessary, arrangements for child support, legal custody, and physical placement. There is a statutory 120-day waiting period to get divorced. Once the divorce is granted, the parties cannot remarry anywhere in the world for at least six months.
Parties do not have to give reasons for wanting a divorce. Wisconsin is a "no fault" divorce 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.
Legal Separation
Legal separation does not end a marriage. The court rules on the same issues as for divorce. The forms, instructions, procedural information, and waiting period (120 days) for obtaining a legal separation are also the same as those for divorce. Parties are free to reconcile at any time. The parties cannot marry another person during legal separation. If the parties agree, they may convert the legal separation to a divorce at any time. If they do not agree, either party may convert the legal separation into a divorce by filing a motion to do so after one (1) year from the date the legal separation was granted. If the parties convert the legal separation to a divorce, the parties may not remarry anywhere in the world for at least six months from the day the legal separation is converted to a divorce.
List of forms needed to file for Divorce or Legal Separation in Racine County:
Instructions and forms for Divorce or Legal Separation:
Contempt
Contempt of court is a court order which the court declares a person to have disobeyed or been disrespectful of the court's authority. Often referred to simply as "contempt," such as a person "held in contempt," it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process.
A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court.
Family Court
Once the divorce, legal separation, or final judgment of paternity has been granted, and a party is not following or doing what is required by the court order, parties may make the court aware of the situation. They do this by filing for Contempt. There are two types of Contempt. The type used depends on which part of the order a party is suspected of not following.
If the Physical Placement Order is not being followed see the Petition for Enforcement of Physical Placement Order (Form FA-609) for any of the following reasons:
- the other parent has denied your specific time of physical placement or not returned the child as required, or
- interfered with your physical placement (visitation), or
- if you have incurred a financial loss or expense as a result of the other parent's failure to exercise placement.
If other parts of the order are not being followed see the Instructions for Contempt found below.
If you would like to change the court ordered legal custody or physical placement schedule that is currently in place, you may do so by also using seeing Modification or Changing a Court Order.
The party making the claim of contempt is also required to properly notify the other party of the court date (see Service).
Instructions on Contempt:
Instructions on Contempt
Affidavit
An affidavit is a sworn statement. The person must swear to the information and sign the document in front of a notary public. Affidavits should only contain information the person knows to be true from firsthand experience. They should not contain opinions or conclusions.
Child Custody
Child Custody, (referred to in the Statutes as “Legal Custody”), refers to “who makes decisions regarding the child?” There are two types of child custody; joint custody and sole custody. When parties have joint custody, both parties must work together to make major decisions regarding the child. The person with physical placement makes the day to day decisions regarding the child. When a party has sole custody, that person alone makes the major decisions regarding the child. There is a presumption in the statutes that joint legal custody is generally in the best interest of a child.
Child Placement
Child placement refers to “who has the child physically with them?” 767.001(5)defines it as follows:
“Physical placement” means the condition under which a party has the right to have a child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made by a person having legal custody.”
There are several types of placement. One parent may have primary physical placement, meaning that the child spends most of his or her time with that parent. The other parent would then have periods of temporary physical placement, meaning that although the parent has the child for a period of time, the child will return “home” to the other parent at the end of that time. Parents can also have shared physical placement, where each of the parents has the child for approximately the same amount of time. If there is more than one child, the parents may have split physical placement, meaning that some of the children are with one parent and some are with the other.
Ex Parte
Ex Parte is a Latin phrase meaning “from only one of the parties”. An Ex Parte communication takes place when a commissioner gets information about a case from only one side. Court commissioners act as neutral decision makers. If one side talks or writes to a commissioner without the other knowing, it creates a problem. To avoid this problem, commissioners won’t speak about the merits of a case with one party unless the other is there. If a letter is sent to the commissioner, it must also be sent to the other party. The commissioner or his staff may speak with a party about the procedure involved in a case; for example, how to schedule a hearing. Procedural questions are not considered ex parte communications, because talking about procedure does not give one side an advantage over the other.
Guardian ad Litem
A guardian ad litem is an attorney appointed by the court to represent the best interests of minor children as to paternity, legal custody, physical placement and support. The guardian ad litem listens to the wishes of the minor children but is not bound by them. In deciding how to proceed in a case, the guardian ad litem considers the factors described in Section 767.41(5) of the Wisconsin Statutes. The guardian ad litem also considers information contained in custody studies and other sources of information that he or she considers to be reliable.
The fees of the guardian ad litem are normally paid in advance by the parties. If either or both of the parties are financially unable to pay these fees, they may ask the court to waive the fees or to establish a payment plan. While each party normally pays half of the total fees due, the court can assign either party to pay most or all of these fees.
Legal Custody
Legal Custody means the right and responsibility to make major decisions concerning the child, except with respect to decisions specifically set forth by the court or the parties in a judgment or order. See also Child Custody.
Maintenance
“Maintenance”, which is called alimony in many other states, is a payment from one spouse to the other to allow them to live in a manner similar to that enjoyed during the marriage. Factors the court considers include the length of the marriage, the age and physical and emotional health of the parties, the division of property, the educational levels of the parties at the time of marriage and at the time the divorce is filed, the earning capacity of the party seeking maintenance, the feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, the tax consequences to each party, any agreement made by the parties before or during the marriage, the contribution by one party to the education, training or increased earning power of the other, and any other factors the court determines to be relevant.
Major Decisions
“Major decisions” includes, but is not limited to, decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator’s license, authorization for non-emergency health care and choice of school and religion. The parties to an action can agree, or the Court may order, that other decisions are also “major decisions”
Mediation
Mediation is a process in which both sides of a dispute meet with a neutral third person (the “mediator”) who attempts to help them reach an agreement. The mediator may help the parties identify the problems that are creating the disagreement, and may show them options to resolve the disagreement. The mediator may provide guidance into the likely decision of a court hearing the dispute. The mediator does not have the authority to make decisions for the parties or to order a particular resolution.
Motion
A motion is a formal request to the court asking that some action be taken. For example, a motion to modify child support asks that the court hear and decide whether child support should be modified.
Order to Show Cause
An order to show cause is a document, issued by the court, ordering a person to show a reason why something shouldn’t happen. For example, an order to show cause on child support may order that the person appear, often with documents, and show the court why child support shouldn’t be modified. An order to show cause is only issued after a party or attorney requests it. It requires that the party file an affidavit stating reasons why the order should enter. If the court finds that there aren’t good reasons under the facts or law to enter the order, the order will not be entered and no hearing will be set.
Stipulated
Agreed upon. A stipulated divorce hearing is held if both parties agree on a settlement of all issues in the case.
The Divorce Process
Starting the Divorce
Before the divorce can be started, you or your spouse must have lived in the State of Wisconsin for at least six (6) months, and also must have lived in Racine County for at least thirty (30) days. Once this requirement is met, then the action may begin. The filing fee is $184.50; however, if there are children of the marriage or if maintenance is requested, the filing fee is $194.50. Filing fees are subject to change.
The action starts when the summons and petition signed by the person seeking the divorce are filed with the family court and served on the spouse. In divorce actions, the party seeking the divorce is the petitioner, and the other spouse is the respondent.
Service of the summons and petition occurs when someone, usually the sheriff or private process server, delivers the papers to the respondent spouse. This must be done by someone other than the petitioner.
If the papers cannot be served on the respondent personally, then the court may permit the papers to be published in the newspaper.
If both spouses want the divorce, they may complete and each sign the joint petition and they will be referred to as joint petitioners. Service of a summons is not required when a joint petition for divorce is filed because the parties are filing together.
How to Request an Adjournment
Before you can appear at any hearing by telephone, you need to contact the Family Court Commissioner’s Office to request permission in writing. You will need a good reason to appear by telephone. In most cases, parties are expected to be present for their hearings.
If you receive permission to appear by telephone, you will need to provide a phone number that the court can call. Please be available 10 minutes prior to and up to 1 hour past your scheduled time as the courts may be running behind.
Deadlines for Service
- Summons and Petitions – Service must be made within 90 calendar days from the date the documents were filed with the Court. For initial paternity actions, service must be made 30 days before the court hearing.
- Order to Show Cause – Service must be made at least 5 business days before the date of the court hearing.
- Notice of Motion and Motion – Service must be made at least 5 business days before the date of the court hearing, or if by mail, mailed at least 8 business days before the date of the court hearing.
- Petition of Enforce Placement – Service must be made at least 5 business days before the date of the court hearing
First Hearing/Temporary Order
The local rules of the Circuit Court of Racine County provide that in each action affecting the family, parties must appear for a first hearing before the Family Court Commissioner or enter into a stipulation for temporary order. If the parties filing for divorce do not schedule a first hearing, the Family Court Commissioner's office will schedule one.
The first hearing will be held at either the Racine County Courthouse (730 Wisconsin Avenue) or at the Burlington Police Department (224 E Jefferson Street).
Parties must bring completed financial disclosures and a temporary order form to the hearing. The basic information about each party required on the first page of the temporary order form should be filled in by the petitioner prior to the hearing.
Temporary Order Form
The Family Court Commissioner will make temporary orders at the first hearing, including orders regarding custody and placement of any children; payment of child support, family support or maintenance; payment of debt; and use of the marital residence. The result is a written temporary order, which remains in effect until the judgment of divorce is granted or the case is dismissed.
The temporary order restrains the parties from harassing or molesting each other and from interfering with each other's life. The parties are ordered not to sell any property and not to change medical or life insurance coverage during this time. The order also directs the parties not to borrow money or use credit cards during this time.
The parties and their attorneys will each receive a copy of the temporary order and a notice of scheduling conference. The scheduling conference is calendared for 120-days after the date of service or the date of filing of a joint petition.
Preparation for the First Hearing
Both parties must make a full disclosure of all assets owned and debts owed in full or part by either party separately, or by the parties jointly. This includes any assets and debts that may have been acquired prior to the marriage, after any separation of the parties and regardless of whose name they are in.
You may be asked to bring to the attorney's office, and possibly to the first hearing, the following information:
- Wage statements for the previous eight (8) weeks
- Two (2) years income tax returns
- Life insurance policies
- Last bank statements for all accounts—including checking and savings accounts
- Copy of your records for IRA's, CD's, stock certificates, bonds, savings accounts, and any other evidence of the value of your assets
- If you own a home, bring in the last notice from your mortgage company showing balance due, a copy of the deed, and last real estate tax bill
- Any pension information, including any pamphlets or information supplied by the employer
- Latest bills showing balances owed to each creditor, including credit card bills, whether individually or jointly owed
- Total utility costs for the last twelve (12) months.
- If necessary, call gas and electric company and ask what your monthly payment would be on a budget plan
- Interest in any partnerships, limited liability company or corporation; Future interests, whether vested or non-vested
- Any other financial interest or source of income.
You may compile an inventory of your household furniture, equipment, appliances, tools, etc., providing a monetary value for each item. The value should be based upon the fact that the items are now used.
You may be asked to sign and return releases allowing your spouse and/or their attorney to obtain information concerning your pensions, 401(K), profit sharing plans or other retirement benefits, bank and stock accounts and cash values of insurance policies.
Information gathering and organizing is the most essential part of the divorce process. While it may be tedious, the work you do will make it easier for you to understand and participate in the divorce process.
Period of Time Between First Hearing & Scheduling Conference
Between the first hearing and the scheduling conference, the parties live separately under the terms of the temporary order. Child support, family support or maintenance is paid (if ordered), a placement schedule for the children is implemented and the parties begin to lead separate lives. During this time, and while the divorce is pending, the parties may choose to live together and try reconciliation without dismissing the action. This is known as a 90-day suspension.
90-Day Suspension
To enter into a 90-day suspension, you must file a written document which will be prepared by your attorney or is available online at wicourts.gov. It must be signed by both parties and filed with the court.
Once the 90 days has passed, the parties must decide whether they are going to dismiss the divorce or proceed with the action.
- If the parties decide to proceed with the action, then the matter is placed on the court's calendar for further proceedings as if the suspension had not occurred.
- Either party may revoke the 90-day suspension at any time and the action will proceed. A second suspension will only be granted if parents are engaged in counseling. The suspension will not cause the case to exceed one year in duration. If reconciliation occurs, the divorce action can be dismissed.
Scheduling Conference and Final Disclosure
A divorce may not be final until 120-days have passed from the time the respondent in the action was served with the summons and petition, or 120-days from the filing of the joint petition. After the 120-days has passed, the first scheduling conference will take place at the Racine County Courthouse (Racine), or at the Burlington Police Department (Burlington). This scheduling conference determines if one (or both) of the parties wish to proceed with the divorce and if so, to discuss a settlement and schedule further hearings as may be necessary in each case.
If both parties wish to be divorced at this first scheduling conference, a stipulated or default divorce may occur. A stipulated divorce means that there is an agreement on all issues.
If the parties fail to reach an agreement on all issues in their divorce, the matter will be set for trial before the Judge. Only a Circuit Court Judge can enter judgments on actions for legal separation or annulment and divorces where only one party appears (when both parties have previously participated in the divorce) or only one party believes the marriage is irretrievably broken.
The Stipulation
Divorces are usually settled by an agreement known as a stipulation or marital settlement agreement. The stipulation contains the agreement of the parties on any child custody, primary placement and periods of placement (formerly known as visitation), child support, division of property, payment of debts, maintenance, and any other matters which relate to the divorce.
If a divorce is settled by a stipulation, the matter can be heard in a very short time after agreement has been reached and the 120-day waiting period has passed. The divorce can be granted either by the Family Court Commissioner or Circuit Court Judge.
Stipulated Final Hearing
The parties have the option of having their divorce completed by a stipulated final hearing. This process is completed before the Family Court Commissioner if all of the following occur:
- Both parties appear in person
- Both parties testify that the marriage is irretrievably broken
- Both parties state that the terms of the marital settlement agreement (or stipulation) are fair and reasonable
- Both parties wish to incorporate the terms of the marital settlement agreement into the judgment of divorce.
The Family Court Commissioner may also conduct the final hearing if one party has never participated in the divorce proceeding.
The marital settlement agreement must be in writing for the matter to be completed before the Family Court Commissioner.
If sole custody of a child(ren) is being awarded to one parent in the agreement, the law requires the parent without custody to disclose their medical and medical history information on a form provided by the court. The court will order that the information must be sent to the child's physician, as designated by the parent who has custody of the child.
If the Family Court Commissioner does not approve an agreement between the parties on material issues, the matter will then be certified to be heard by the Circuit Court Judge.
If neither party has an attorney, the following documents must be filed with the Family Court Commissioner's Office at least 30 days before the stipulated final hearing. Please provide an original and three copies (total of four) of each document.
- Typed marital settlement agreement (stipulation);
- Updated financial disclosure statements;
- DHSS original certificate of divorce or annulment; (only need 1, no copies)
- Completed Findings of Fact, Conclusions of Law and Judgment of Divorce;
- Completed Family Medical History Questionnaire (in sole custody cases only).
Trial
At the trial before the Judge, the parties will submit information that the court needs to decide on the case. Things that will be presented and discussed include: property, assets, benefits, etc.
Issues of Property
The evidence presented to the court may include: appraisals of personal property and real estate, statements of income, and valuations of any retirement benefits. Pension and profit sharing accounts must be valued and are subject to division by the court as assets even though they are not available until a future date.
Federal law permits a court to divide the proceeds of a pension or profit-sharing plan between the parties by use of a qualified domestic relations order (QDRO) which provides for a division of pension benefits at the time the pension is received or sooner depending on the terms of the pension or profit sharing plan.
Division of Assets
The assets of the marriage are divided on an equal basis, although a court does have discretion to deviate from an equal division of property. Gifted or inherited property is generally not subject to division.
Custody & Placement
The court will decide the difficult matters of child-related disputes such as custody and placement after considering the recommendations of the Guardian ad Litem and Family Court Worker, and the testimony of any other witnesses.
Divorce Judgment
The divorce judgment consists of a single document entitled Findings of Fact, Conclusions of Law and Judgment. If either party is represented, the attorney will prepare this document for the Judge's or Court Commissioner's signature.
This document may be submitted by the attorney at the time of the hearing or within 30-days after the hearing. The marital settlement agreement will be attached to this document; any changes made to it orally at the time of the hearing will be stated in writing in the judgment.
If neither party is represented, the petitioner will be required to prepare and submit this document at least 30-days in advance of the final hearing. If the divorce is after trial rather than by agreement, the transcript of the Judge’s decision is attached.
It is important that you read the Findings of Fact, Conclusions of Law and Judgment of Divorce and understand your rights and responsibilities under the divorce judgment. Please refer to your divorce judgment and your attorney for any questions you may have about your divorce once it is final.
The divorce is final the day it is granted in court by the Judge or the Family Court Commissioner. However, you cannot remarry in Wisconsin or elsewhere until six (6) months after the divorce is granted.
Judgment of Legal Separation
If one of the parties has petitioned for a legal separation, the law requires that the specific reasons for requesting a legal separation be listed in the document. While the court has the power to grant a legal separation, if one party wants a divorce and the other party wants a legal separation, the court will generally grant a divorce.
Once married, in order to marry again in the State of Wisconsin, or elsewhere, a person must be divorced or widowed. If you are legally separated, the only person you may marry is your spouse. A judgment of legal separation can be converted into a judgment of divorce. This may be accomplished as follows:
If in the first 12 months following the granting of a legal separation
- Both parties wish to convert the judgment of legal separation to one of divorce, they may file a stipulation requesting conversion with the court; or;
- After 12 months, either party may file a motion requesting conversion and the court is then required by law to grant the conversion. After conversion you must still wait six (6) months before marrying.
Pro-Se Divorce
WI Court System’s Self-Help Family Website: https://www.wicourts.gov/services/public/selfhelp/divorce.htm
Some people choose not to hire an attorney and choose to represent themselves during the divorce process. "Pro-se" is Latin and means "by one's self". A person who is involved in litigation and has not retained an attorney is said to be appearing "pro-se". If there are any disputes about child custody, support, maintenance or property division, most people find that it is best to have an attorney.
Even if both parties are in full agreement on all issues, and neither party chooses to retain an attorney, the basic divorce procedures still apply.
The Family Court and Office of the Family Court Commissioner is not able to give legal advice to pro-se litigants. Pro-se litigants are held to the same standards a lawyer is held to and must follow the same procedures that a lawyer must follow.
The first consideration in starting an action for divorce is whether the residency requirements have been met. One party must have lived in the State of Wisconsin for at least six months and Racine County for at least thirty days prior to the filing of the action.
The action is actually commenced by the filing of a summons and petition for divorce. The party that signs the petition is the petitioner and the other spouse is the respondent or both parties may sign as joint petitioners. If there is a petitioner and a respondent then the petitioner must properly serve the respondent. Service must be accomplished by someone other than the petitioner; usually the sheriff or a private process server, and it must be done within 90 days unless an extension is granted.
If both parties are pro se (filing by themselves instead of having an attorney) then the case will be scheduled for an initial status hearing. The purpose of the initial status hearing is to schedule a pre-trial and prepare a check list of documents needed to finalize the divorce. A divorce may not be granted until 120 days after the date of service or the filing of a joint petition. Therefore, the pre-trial will be scheduled after the 120 day waiting period.
The divorce may be finalized at the pre-trial if the parties have reached an agreement and all papers are in order. If an agreement has not been reached then the matter will be scheduled for trial before a circuit court judge.
List of forms needed to file for Divorce or Legal Separation in Racine County:
Instructions and forms for Divorce or Legal Separation:
Racine County Family Court Resource Handbook
Forms for Changing or Enforcing Your Order
These forms are to be used when the following situations arise:
1. Stipulation and Order to Amend Judgment for Support/Maintenance/Custody/Placement
When parties are in agreement to modify their existing orders, they can complete and file the Stipulation and Order to Amend Judgment for Support/Maintenance/Custody/Placement with the court. Once approved by the Office of Child Support Enforcement and Family Court Commissioner, the order will be modified without the need for a hearing.
2. Notice of Motion to Change/Order to Show Cause and Affidavit
If the parties are not able to agree on a modification of Support, Maintenance, Custody and/or Placement, either party can opt to file Notice of Motion and Motion to Change or Order to Show Cause and Affidavit. By filing this document with the court, a court hearing will be scheduled before a Family Court Commissioner and the parties can present their case for the modification.
3. Other
If a party is in violation or is not complying with a court order, the following form may be used. This form may be used to order another party to come to court to justify why that person should not be found in remedial contempt of court for past violations of a current order.
You can get a hearing in Family Court by submitting a Motion or an Order to Show Cause to the Clerk of Court’s Office together with any necessary fee. Once the Court gives you a date for your hearing, you will need to make sure the other side knows about the hearing by either sending them a copy of your file-stamped documents and the notice of hearing, or, if your request involves contempt, by having them personally served. (For information on how to get documents served to the other party, See Service.)
Before the hearing, you should try to meet with the other side and talk to them. If the two of you can decide what should happen, in most cases the Family Court Commissioners will enter an order based on what you want. You may be able to avoid a hearing entirely and have more input into the final resolution.
If you reach an agreement, child support must be set at the Wisconsin Child Support Guideline amount, and you will need to give the Family Court Commissioner enough information for them to check and make sure the amount is correct. If you don’t want to agree to the Guideline amount, you need to provide information on what the Guideline amount is, and a good reason why support should be set at a different number. Your agreement to a different amount, without a meaningful justification, is not an adequate reason. Agreements that don’t meet these standards will not be approved by the Family Court Commissioner.
At the hearing, you will need to tell the Family Court Commissioner what you want and why you want it. Make a list of the things you want to talk about and follow your list. You need to be ready to tell the Commissioner what facts support your request. For example, if you are complaining that you have not had a chance to spend time with the children, you should be able to state when you tried to have contact and what the result of that attempt was. Be specific. It is important that you tell the Commissioner why they should rule in your favor. Don’t verbally attack the other person, and don’t get into a debate with the other person. You are talking to the Commissioner, not to the other person. Everyone gets a turn.
The person who filed the Motion or Order to Show Cause will normally get to go first, presenting their case. When they are done, the Commissioner will have the other person present their case. Sometimes each person will get another turn and sometimes the Commissioner will ask questions of each person.
It is very common that the problems that brought the case to court involve a lot of emotion, and people have a tendency to want to interrupt or argue with the other person. Be careful not to do that. It doesn’t help your case and it can harm your case.
At the end of the hearing the Commissioner will make an order. You may be ordered to prepare a written order, or the Commissioner’s staff may prepare the written document. Either way, the orders the Commissioner enters are effective on the day of the hearing, not when the written document gets signed. If the Commissioner’s staff prepares the order, you should receive a copy approximately one week after the hearing.
Legal Custody
There is a presumption that joint legal custody is in the best interest of the minor child(ren) and that the parties will make this decision. The Judge or Family Court Commissioner will determine, either by your agreement or by the courts determination through a legal hearing, which parent(s) should have legal custody of the child(ren). Legal custody of a child refers to the right to make major decisions concerning the child. "Major decisions" include, but are not limited to decisions regarding consent to marry, consent to enter the military service, consent to obtain a motor vehicle license, authorization for non-emergency health care, and choice of school and religion.
Physical Placement
Whenever a court enters a custody order, it must allocate periods of physical placement between parents. Unlike "custody" which refers to making major decisions about the child, "physical placement" refers to where a child lives or spends time. When a parent has "primary placement" of a child, that means that the child spends the majority of the time living with that parent. “Periods of placement," formerly known as visitation, refers to the periods of time the child spends with the other parent. If parties are unable to agree on the placement issue, the court will make a temporary order and the parties will be referred to mediation to hopefully resolve that issue. If mediation is not successful, then a Guardian ad Litem and a Family Court Social Worker are appointed to conduct a placement or custody study.
Personal Safety Issues
If your case involves minor children, and you have serious reason to believe that the health, safety, or liberty of you or a child would be jeopardized by the disclosure of certain identifying information both in paper and electronic records, you may request that identifying information be sealed from the public or the other party until a hearing is held. Once you have completed the forms, the court will schedule a hearing. At that hearing you will have to convince the judge that it is in the interest of justice for the information to continue to be sealed.
The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential. Participation is typically voluntary but can be ordered by the court. The mediator acts as a neutral third party and facilitates rather than directs the process.
Instructions on How to Request Court Ordered Mediation:
How to Request Court Ordered Mediation
Here you will find various resources that relate to the practice in Racine County Family Court. Information about your case can be found on the Wisconsin Circuit Court Access website.
Other helpful resources include:
Wisconsin Court System Family Law Forms Assistant
Wisconsin Circuit Court Family Law Forms for Download
Paternity actions are court cases that are used to establish certain rights for and to a child when the parents were not married to each other at the time of the birth and have not since married. Just some of those rights include:
- Establishing and collecting child support through the child support system
- Establishing Legal Custody and Physical Placement rights for the father
- Health Insurance for the child through the father,
- Inheritance and Social Security benefits of the father's in the event of his death.
The Family Court does not provide procedural assistance to individuals needing to start Paternity actions, however, parties have the following two other options:
- Contact the Racine County Child Support Division to find out more information about how to have an attorney assist in the process (an application must be completed and a minimal fee may be required depending on the case). If you are receiving certain types of Public Assistance, the Child Support Division may start this process without either party requesting it.
- Contact a Private Attorney to assist in the process.
- The Racine County Paternity Handbook includes information for the following: paternity procedures, issues that may arise in a paternity case, and resources that are available to families. http://racinecounty.gov/home/showdocument?id=6
It is important to establish paternity for a child. When paternity is established, the child is entitled to child support, medical insurance, and inheritance rights. In addition, the child could be eligible for social security benefits or veterans benefits if the father died or became disabled. Paternity establishment also ensures that a child has access to the family medical health history. It also affords the father his rights to custody and placement issues.
Paternity can be determined by:
- Both parents signing and filing a Voluntary Paternity Acknowledgement
- A form that is signed and filed with the state registrar that serves as proof of paternity. Once the form is filed, the father’s name will be on the child’s birth certificate. The court is then able to make orders regarding custody and placement of the child, payment of child support, etc.
- Both parents enter into a Stipulation
- Both parents enter into a legal agreement that establishes paternity with the Racine County Child Support Department. As part of the stipulation, provisions for custody, placement, child support, and medical insurance, payment of uninsured medical expenses and birth costs and tax exemption will be entered. The stipulation is then sent to the court for approval. Again, once the stipulation is approved and is filed with the court, it is a legally binding document.
- Court Action
- An action to determine the paternity of a child may be started by the child, the child's natural mother, a man presumed to be the father because he is married to the mother, a man alleging himself to be the father of the child, the legal or physical custodian of the child, the State of Wisconsin, a Guardian ad 2 Litem appointed for the child, or a grandparent of the child who may be responsible for supporting the child. The paternity action is begun by filing a Summons and Petition which must be served on the Respondent to the action. The person to be served is usually the alleged father, or it could be the mother or both the mother and alleged father, depending on who has started the action
When the paternity adjudication occurs, whether it was by stipulation or before the court commissioner, the child support department will prepare the findings of fact, conclusions of law and judgment of paternity in a single document which will include any stipulations made. If the case is brought through private attorneys, the petitioner’s attorney is responsible for preparing the judgment. It is important that you read the findings of fact, conclusions of law and judgment of paternity and understand your rights and responsibilities under the paternity judgment.
If you have a court case number and Paternity has already been established (you have a Findings of Fact, Conclusions of Law, and Judgment of Paternity signed by the court) your case is considered “Post-Judgment.” This means any enforcement (Contempt) actions or modifications you would like to pursue in family court are made the same way as post-judgment divorces and legal separations.
Should I represent myself?
Most people come to court because something is affecting their lives, maybe in stressful and emotional ways. Learning the law and court processes can also be difficult and stressful. In fact, sometimes when people act as their own lawyer in complicated cases, they later need to hire a lawyer to "fix" mistakes. Hiring a lawyer after-the-fact could cost more than using a lawyer from the start.
However, many people, for a number of reasons, think about representing themselves in court. There are some questions you should consider before you begin your case without using a lawyer.
Are you on time for meetings and deadlines?
- The court expects you to be on-time (a little early is better) for hearings and paperwork.
- Use a daily calendar with reminders of your court "to do's."
Can you make it to the courthouse during the day (during business hours)?
- You will need to arrange your work schedule and transportation to get to court a few times, both to file paperwork and be at hearings.
- Using a lawyer means you would need to be at the courthouse less.
Do you fill out and file your own income tax returns?
- Court forms can be complicated, much like income tax returns.
- Reading instructions, following steps, and paying attention to detail are necessary to complete court forms.
- You must be organized and prepared to successfully file the proper court forms.
Are you comfortable doing research, in a library or on a computer?
- Most people do not know the law and rules that control their cases. Many people are also unsure what forms and documents need to be filed with the court to start and continue their cases.
- Learning the law and rules for your case is required to be successful. While the court may provide forms for you to fill out and file, you will likely have questions. Court staff can only give you limited answers to your questions because of their duty to be fair to all parties.
- If you do not take the time to learn the law and rules of your case, you are unlikely to be successful. You may also feel frustrated and unfairly treated because you do not understand what is happening.
- Using a lawyer will save you lots of research time, because a lawyer is already trained to know the law and the rules that control your case. A lawyer may do some research on specific concerns in your case to make the best argument. Without using a lawyer, you may miss some of the arguments you could make.
Are you likely to be clear and calm when you stand up and speak in court?
- Representing yourself means you must attend all the scheduled appearances with the judge or commissioner. At these appearances, you will be required to speak clearly and logically while presenting your case.
- If the other party has a lawyer and you do not, you cannot count on the other lawyer to help you or speak for you. You must speak to the court yourself.
Do you easily get angry under stress?
- Coming to court can be difficult and stressful. Because you have something to gain or lose in your case, or you are angry or upset at the other party, you may find it more difficult to control your emotions in the courtroom and while speaking. You may also find that your good judgment is clouded by your stress or anger.
- You must be courteous at all times to court staff, the judge or commissioner, and the other party to your case. You cannot interrupt the other party, or the judge or commissioner, while they are speaking.
- A lawyer may be a good buffer between you and the other party. Using a lawyer may lower the stress and upset you may feel because you will not need to act directly with the other party.
Are you often frustrated by rules you think are unfair or should not apply to you?
- All types of cases are controlled by rules and procedures. These rules are procedures are in place to give everyone a level playing field. Though a rule may seem silly or wrong, the rule must be followed to make sure your case is fair.
- Using a lawyer may help you understand what rules your case must follow, and why those rules are in place.
Can you make decisions and stick to them?
- Most court processes are formal and lasting. Once you make a claim, a statement, or a filing, it is difficult to make changes. Any doubts or questions should be considered and answered before you start.
- Using a lawyer can help you get answers, as well as "do it right the first time."
Can you live with some mistakes?
- If you represent yourself, you are likely to make some mistakes. If you regret decisions, or often dwell in actions you have taken, you may cause yourself stress and anxiety. You may also hurt your ability to be successful in your case.
What is at stake in your case? Do you and the other party get along?
- Every case is important, but some cases may have a bigger effect on you because of the large amount of money (or property) involved, or other people involved (like children). Cases with more money or people to consider are more complicated. Using a lawyer will make these cases less confusing and upsetting, and prevent mistakes that could be difficult or impossible to correct after the case is over.
- If you and the other party had a relationship that included physical or emotional abuse, you may have trouble keeping a steady emotional state. Being calm and logical is necessary to make good decisions in your case. Using a lawyer may help you keep a safe and comfortable distance from the other party.
- If you feel the other party is good at "hiding" money or property (like on tax forms), or if you have no idea about the other party's financial status, using a lawyer may be helpful in locating the other party's finances and collecting on a judgment or settlement.
Each Judge or Court Official sets the rescheduling policy for their particular court.
In general, if you have an attorney, you should contact your attorney in order to reschedule your court case. Otherwise, you should submit your request to reschedule in writing and address it to the court official hearing your case. You should submit your request BEFORE your court date. Requesting to reschedule your case by phone is not permitted.
Service of process, or Service, is the procedure employed to give legal notice to a person (such as a defendant) of the court’s jurisdiction over that person, to enable that person to respond to the proceeding before the court. Usually, notice is furnished by delivering a set of court documents to the person to be served. A person or agency employed to serve legal notices is typically called a Process Server.
Service in Family Court matters can be complicated. The type of service required is often different depending on the type of action filed with the Court.
Instructions for Service:
Instructions for service
Suspension or Dismissal
Individuals who have filed for divorce or legal separation and who have either changed their minds (have reconciled) and want to have it dismissed or would like more time (90 days) to try to reconcile may file for a suspension or dismissal of the Divorce. Either option is available at any point in the process up until the divorce or legal separation is granted.
Instructions on Suspension or Dismissal:
Instructions on Suspension or Dismissal
Public Records Notice
To View a File
To view an actual file, you must go to the Circuit Court Division where the case is filed and proved the case number of the file you want to view. PLEASE NOTE: Viewers may not take the file apart, open any sealed envelopes, or remove the file from the office.
Not all files may be readily available to view as the Circuit Court has microfilmed cases of a certain age. If the file is quite old, you can request the record by completing a Microfilm Request from Clerk of Circuit Court Office on the 8th Floor of the Courthouse. Please note microfilm requests are completed in the order we received them. Requests can take 7 to 10 business days to complete.
GENERAL: On-site case information and documents are available on all none confidential cases per state statute, through hard copy records, digital record images, or web based data access.
CONFIDENTIAL CASES: Cases, including such as adoptions, paternity actions, and juvenile records, are confidential and access to these files are limited by state statute.
Any requests for inspection/review and or/release of Juvenile Records must be reviewed and approved by the juvenile court judge. You must complete the Authorization and Order to Open Court Records for Inspection (JD-1739) and file it in the Juvenile Court if you are the child or juvenile on the case, the parent/guardian/legal custodian of the child or juvenile, or are an individual who has been given permission by one of the above. If you are not one of these people you must complete the Request to Inspect Juvenile Court Records and file it in the Juvenile Court.
For Copies
The Civil, Criminal/Traffic, Family, and Juvenile divisions must charge a statutory fee of $1.25 per page for copies of official court documents. Copies can be certified (stamped as official copies) for an additional $5.00 per charge for each document.
The Probate division must charge a statutory fee of $1.00 per page for copies of official court documents. Copies can be certified (stamped as official copies) for an additional $3.00 per charge for each document.
IN PERSON: Go to the Circuit Court Division where the case is filed. You will need to know the case number (which may be located on the Wisconsin Court Website at Offsite http://wcca.wicourts.gov) or the last name, first name, and the date of birth of one of the parties for certain cases. If you do not have this information and you are unable to find the individual or the record using the public access computers, you may request and pay the $5.00 search fee to receive assistance with the record search (this fee is $4.00 in Probate Court).
BY PHONE: Call the Circuit Court Division where the case is filed. You will need to know the case number, or last name, first name, date of birth of one of the parties for certain cases, and the specific document or information you need. The clerk will make arrangements with you for payment and pick up/delivery, by mail or in person. NOTE: Payment in full will be required before your request will be processed.
BY MAIL: Send a written request to the Circuit Court Division where the case is filed. You will need to know the case number or the last name and date of birth of one of the parties for certain cases, the specific document or information you need, a self-addressed stamped envelope, and a phone number where the clerk may reach you. If you do not have this information and you are unable to find the individual or the record using the public access computers, you may request and pay the $5.00 search fee to receive assistance with the record search (this fee is $4.00 in Probate Court). NOTE: Payment in full will be required before your request will be processed.
Copies of Juvenile Court Records: The Juvenile Court Judge will order which records, if any may be copied.
Obtaining Copies of a Transcript
Transcript or Transcript Copy Requests:
A transcript is a verbatim (word for word) typed record of what happened in court for a particular hearing or proceeding. If a transcript has not been made for your court matter and you would like one, you will need to contact the official court reporter for the Court Official who presided over the specific hearing and follow the court reporter's procedure for your request. Before contacting the reporter by phone, you will need certain information such as your CASE NUMBER and SPECIFIC DATE OF THE PROCEEDING. The Court Reporter will charge a statutory per page rate for the original transcript (which goes in the file) and a copy fee (you receive a certified copy of the transcript). Additional rates apply for expedited requests. You will pay the reporter directly.
If a Transcript has been created and you would like a certified copy you can obtain it in one of two ways:
- If you are at the courthouse you can request a copy at $1.25 a page from the Clerk of Circuit Court office and you will get it immediately.
- You can contact the reporter and request a copy at $.50 a page. The reporter will make arrangements with you for pick up or send it in the mail.
- This site is provided as a public service by the Family Court Commissioner.
- If you need legal advice, please consult a private attorney.
- The information provided at this site is general information, not legal advice.
- The information provided at this site is not a substitute for legal advice.
- By law, the Family Court Commissioners and staff cannot give you legal advice.
- We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site.
- While you can appear in family court without an attorney, an attorney’s help may:
- improve your chances of getting what you want in your case;
- prevent future misunderstandings;
- save you time and money by making sure things are done right the first time.
- Content on this website is based on online material from Green County Family Court Commissioner's Office with thanks.