The Wisconsin FA-4111 form is a legal document used by married couples without minor children to jointly petition for divorce or legal separation in the State of Wisconsin. This comprehensive form requires parties to enter personal details, including names, addresses, and information regarding their marriage, previous marriages, and any agreements they have made about maintenance or property division. It serves as a crucial step in the process, ensuring both parties mutually consent to the jurisdiction and waive the service of summons, while clearly outlining the prohibitions and consequences for violating statutory acts during the pending action.
In the heart of family law proceedings in Wisconsin, the FA-4111 form plays a vital role for couples seeking to navigate the legal termination of their marriage without the complexities of minor child custody concerns. Known officially as the Joint Petition Without Minor Children, this document sets the stage for an amicable separation by requiring detailed information from both spouses regarding personal background, residency qualifications, and the reasons behind their desire for a divorce or legal separation. The form meticulously prompts the couple to disclose their marriage itinerary, including the occurrence of any prior marriage dissolution efforts, while ensuring the provision of necessary data, such as dates of birth and living arrangements. Additionally, it addresses requirements for military personnel, a nod to the unique circumstances faced by service members in marital dissolution. The inclusion of sections designated for outlining the specifics of any marital children, albeit adult, alongside stipulations for maintenance, or spousal support, highlights the form's comprehensive nature. Moreover, FA-4111 comprises agreement sections that encourage a written consensus on asset division and maintenance arrangements, embodying the state's ethos of fostering cooperation amidst separation. With statutory reminders that safeguard against harassment and unjust handling of marital assets, this form serves as a precursor to a legal process aiming at fairness and clarity, ensuring both parties consent to the jurisdiction and understand the prohibitions and possible repercussions during the divorce or legal separation proceedings.
PRINT in INK
Enter the name of the county in which you are filing this case.
Enter the wife’s name.
Enter the wife’s address.
On the far right, check divorce or legal separation.
Enter the husband’s name.
Enter the husband’s address.
Note: Leave case number blank; the clerk will add this.
STATE OF WISCONSIN, CIRCUIT COURT,
COUNTY
In RE: The marriage of
Joint Petitioner-Wife:
First name
Middle name
Last name
Address
City
State
Zip
and
Joint Petitioner-Husband:
For Official Use
Joint Petition
Without Minor Children
Divorce-40101
Legal Separation-40201
Case No.
Enter the wife’s date of birth [month, day, year].
For 2, 3 and 4, check yes or no.
Military personnel:
Please see Basic Guide to Divorce/Legal Separation.
Enter the husband’s date of birth [month, day, year].
A. We are providing the following information about the wife:
1.Date of birth
2.Immediately before filing this petition, the wife will have lived in this county for 30 days
or more.
Yes
No
3.Immediately before filing this petition, the wife will have lived in the state of Wisconsin for 6 months or more.
4.The wife is currently on active duty as a member of the Armed Forces of the United States of America or its allies.
B. We are providing the following information about the husband:
2.Immediately before filing this petition, the husband will have lived in this
county for 30 days or more.
3.Immediately before filing this petition, the husband will have lived in the state of Wisconsin for 6 months or more.
4.The husband is currently on active duty as a member of the Armed Forces of the United States of America or its allies.
FA-4111V, 01/09 Joint Petition-Without Minor Children
§767.215, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 1 of 4
Joint Petition – Without Minor Children
Page 2 of 4
________________
Enter the date [month, day, year], city, and state in which you were married.
Check a or b. If b, explain why you are filing for a legal separation and not a divorce.
Check a or b. If b, enter the county and state in which it was filed, the case number assigned to it and check yes or no to indicate if the case has been dismissed.
Check yes or no. If no, respond to 5a-5d with information about the wife’s most recent previous marriage.
If the wife had an additional previous marriage, respond to 5e- 5h.
C. We are providing the following marriage information:
1. We were married on (date)
2. We were married in (city)
(state)
3.We are filing for:
a. Divorce: This marriage is irretrievably broken.
b. Legal Separation: This marriage is broken and the reason we are requesting a legal separation and not a divorce is
4.Previous Actions
This is the first time that either my spouse or I have filed for divorce or legal separation from each other in Wisconsin or in any other state:
a. Yes
b. No: County
State Case No.
Has this case been dismissed? Yes No 5. This is the wife’s first marriage.
a. The wife was previously married to
b. The marriage was terminated by:
divorce.
death.
c. Date of the divorce or death
d. The divorce was granted in:
Name of court
e. The wife was also previously married to
f. The marriage was terminated by:
g. Date of the divorce or death
h. The divorce was granted in: Name of court
CityState
If the wife had more than 2 previous marriages, repeat 5e-5h on an additional sheet.
Check yes or no. If no, respond to 6a-6d with information about the husband’s most recent previous marriage.
If the husband had an additional previous marriage, respond to 6e-6h.
6. This is the husband’s first marriage.
a. The husband was previously married to
e. The husband was also previously married to
h. The divorce was granted in:
If the husband had more than 2 previous marriages, repeat 6e-6h on an additional sheet.
Page 3 of 4
Check a or b. If b, write the names and dates of birth of all adult children born to the wife during the marriage.
D.We are providing the following information regarding our children:
1. a. No children were born to or adopted together by us before or during our
marriage.
b. All children, who are currently age 18 or older, born to the wife during the marriage include:
Name of Child
Date of Birth
Check a or b. If a, attach a copy of the written agreement to this petition.
If you are requesting maintenance (spousal support) at this time, check yes. If not, check no.
2. To the best of our knowledge, the wife in this marriage:
a.
is currently pregnant. (An attorney [guardian ad litem] for the unborn child will
be required if the husband is not the father.)
b.
is not currently pregnant.
3.We have made written agreements or received orders from the court about some or all of the matters in this action such as maintenance (spousal support) or property division.
a. Yes, and we have attached a copy of the written agreement to this Petition.
b. No
We consent to jurisdiction and waive service of summons.
WE ASK THAT THE COURT:
1.Grant a judgment as requested.
2.Enter an order granting maintenance.
3. Enter other orders as it deems just and equitable.
ACTS PROHIBITED BY STATUTE
In accordance with § 767.117 Wis. Stats., neither joint petitioners to this divorce or legal separation action can participate in any of the following activities while this action is pending:
1.Harassing, intimidating, physically abusing or imposing any restraint on the personal liberty of the other party or a minor child of either of the parties.
2.Encumbering, concealing, damaging, destroying, transferring, or in any other way disposing of property owned by either or both of the parties, without the consent of the other party or an order of the court or the Circuit Court Commissioner, except in the usual course of business, in order to secure necessities or in order to pay reasonable costs and expenses of the action, including attorney fees.
A VIOLATION OF THE ABOVE PROHIBITIONS MAY RESULT IN PUNISHMENT FOR CONTEMPT, WHICH MAY INCLUDE MONETARY PENALTIES, IMPRISONMENT, AND OTHER SANCTIONS AS PROVIDED FOR IN SEC. 785.04 WIS. STATS.
These PROHIBITIONS apply until the action is dismissed, a final judgment in the action is entered, or the court orders otherwise.
Page 4 of 4
The wife must sign and print her name.
She must enter the date on which she signed her name.
Note: This signature does not need to be notarized.
The husband must sign and print his name.
He must enter the date on which he signed his name.
Signature of Wife
Print or Type Name
Date
Signature of Husband
Filling out the Wisconsin FA-4111 form is an important step for couples in Wisconsin looking to file for a joint petition for divorce or legal separation without minor children. This guide will navigate you through each section of the form to ensure clarity and correctness in your submission. The form consists of detailed personal and marriage information, and accuracy is crucial to prevent any unnecessary delays in your case.
Once you have completed filling out the form with all the necessary information, review it carefully to ensure accuracy. The final step is to file the form with the appropriate county court. Filing this document initiates the legal process for your divorce or legal separation, so it's important to make sure all information is correct to avoid any complications. Remember, this form is for couples without minor children and is a stepping stone towards finalizing your civil status change. It's a good idea to seek legal advice or assistance if you have any questions or concerns about this process.
What is the FA-4111 form used for in Wisconsin?
The FA-4111 form, known as the Joint Petition Without Minor Children, is specifically designed for couples seeking a divorce or legal separation in Wisconsin when they do not have minor children together. This form allows both spouses to jointly file the petition, detailing their agreement on the dissolution of marriage, including the division of property and any spousal support agreements. It streamlines the legal process by demonstrating mutual consent to the terms of the divorce or separation.
Who needs to fill out the FA-4111 form?
Couples residing in Wisconsin who are agreeing to a divorce or legal separation and who do not have minor children together need to complete the FA-4111 form. It's particularly relevant for those who seek a straightforward process and have reached an agreement on all major aspects, such as property division and any spousal maintenance.
What information do you need to provide in the FA-4111 form?
Completing the FA-4111 form requires detailed information from both spouses. This includes personal details like names, addresses, dates of birth, marriage information (including previous marriages), and residency details to confirm eligibility for filing in Wisconsin. Couples must also declare if the wife is pregnant, provide details about any prior divorce or legal separation attempts, and state their reasons for the current legal action. Additionally, if there are agreements in place regarding financial support or division of property, these should be disclosed and attached to the petition.
Is a lawyer required to file the FA-4111 form in Wisconsin?
While it's not mandatory to have a lawyer to file the FA-4111 form, consulting with one can be very beneficial. Legal counsel can offer crucial advice on the rights and obligations of each party, help negotiate fair terms, and ensure that the agreement complies with Wisconsin laws. For straightforward cases where both parties agree on all terms, individuals may choose to proceed without legal representation, but it's always wise to at least have a legal professional review your documents before submission.
How do I file the FA-4111 form?
After completing the FA-4111 form, you must file it with the clerk of the circuit court in the county where either spouse resides. It's important to provide all the required information accurately and attach any relevant documents, such as agreements on property division or spousal support. The clerk will assign a case number and provide information on any additional steps, including payment of filing fees or scheduling of hearings.
What happens after the FA-4111 form is filed?
Once filed, the court will review the petition for divorce or legal separation. If everything is in order, a hearing date will likely be scheduled. During the hearing, the court may ask questions to confirm the details of the petition and ensure both parties agree to the terms. After the hearing, if the court is satisfied, it will issue a final judgment granting the divorce or legal separation. The specifics can vary depending on the county and any unique circumstances of the case.
Can the FA-4111 form be modified after it's filed?
The FA-4111 form itself warns against modification, stating it "shall not be modified." However, if both parties agree to changes in their arrangements or if new information comes to light, they might need to communicate those changes to the court. This is typically done through legal counsel or by notifying the clerk of the court, who can guide how to submit amendments or additional documents to reflect the updated agreements or information.
Where can I find the FA-4111 form and instructions for completing it?
The FA-4111 form is available on the Wisconsin Court System's official website, alongside a comprehensive guide and instructions for filling it out. Additionally, local county court websites may offer resources and specific instructions based on local rules. For personalized assistance or clarification, consider consulting with a legal professional or the clerk of the court in the county where you plan to file.
Filing out the Wisconsin FA-4111 form, which is used for joint petitions without minor children for either divorce or legal separation, requires attention to detail to avoid common mistakes. Familiarity with these common pitfalls can save time and help streamline the process.
Firstly, one of the significant mistakes people often make is not correctly entering the names and addresses of both parties at the beginning of the form. It's crucial to print clearly in ink and ensure that the information matches official documents to avoid discrepancies. This step sets the foundation for the entire process, and errors here can lead to confusion or delays later.
Secondly, individuals frequently make the mistake of selecting the wrong type of filing (divorce or legal separation) without fully understanding the legal implications of each. It’s essential to comprehend the difference: a divorce legally ends a marriage, whereas a legal separation does not end the marriage but allows for the division of assets, debts, and sometimes the determination of spousal support, without the legal finality of divorce.
Another common mistake relates to the sections concerning residency and military status. Petitioners often overlook the need to confirm the residency requirements for filing in the state of Wisconsin, as well as accurately indicating military service. It's imperative to check "yes" or "no" accurately to reflect the current status of both the wife and the husband regarding their residency in the county and state, and whether either is on active duty. Failure to accurately report these details can impact the proceedings.
In addition, people also struggle with the sections detailing previous marriages and actions. Providing complete and accurate information about previous marriages, including how they ended (divorce or death), along with the relevant dates and locations, is crucial. For those who have been married more than once, including all necessary details for each marriage is a must. Omitting or inaccurately reporting past marital history can raise issues during the verification process.
Lastly, a frequent oversight occurs at the conclusion of the form, where both the wife and husband are required to sign and print their names. Interestingly, while these signatures do not need to be notarized, both parties must ensure that their signatures are dated correctly. Signatures validate the document, and without them, the filing is incomplete.
Addressing these common mistakes before submitting the Wisconsin FA-4111 form can significantly improve the efficiency and outcome of the legal process. It’s about crossing every "T" and dotting every "I," to ensure that the journey through legal separation or divorce begins on the right foot.
When couples decide to dissolve their marriage in Wisconsin without minor children involved, the FA-4111 form is a crucial document. However, navigating through a divorce or legal separation involves various other documents to ensure all aspects of the separation are legally covered, from financial settlements to verifying the dissolution in court. Understanding these documents can simplify the process, making it less daunting.
Together, these documents play a vital role in the legal process of divorce or separation in Wisconsin, complementing the FA-4111 form. They provide a structured pathway for couples to follow, ensuring that all legal aspects of their dissolution are addressed thoroughly and effectively. Understanding and properly managing these documents can significantly ease the transition through this challenging phase, safeguarding the interests of both parties involved.
The Domestic Relations Financial Affidavit, often maneuvered in divorce proceedings across various jurisdictions within the United States, mirrors the Wisconsin FA-4111 form in purpose and content. It mandates the disclosure of financial information and residency details, comparable to the Personal Information and Marriage Information sections of the Wisconsin form. This affidavit is instrumental in establishing the financial ground for spousal support and asset division, akin to the considerations addressed by checking if maintenance is requested on the Wisconsin form. Both documents serve as foundational pillars for equitable resolution in dissolution of marriage cases.
Child Custody and Visitation Application Attachment is another document that shares similarities with the FA-4111, particularly in the focus on family structure and responsibilities post-separation. Though the Wisconsin form is tailored for couples without minor children, it necessitates the disclosure of existing children from the marriage, paralleling the informational requirement of the custody document. By providing details on progeny, both forms contribute to a rounded understanding of the family dynamic, crucial for fair adjudication in family law cases.
The Marital Settlement Agreement (MSA) also aligns closely with the FA-4111 form where it entails a comprehensive layout of agreements between the parties regarding division of property, debts, and sometimes, spousal support. The MSA, like the agreement sections in the Wisconsin document, encapsulates the consensus around monetary and asset divisions post-divorce. This agreement ensures a mutual understanding and a formal resolution to the financial ties that bind the two parties, mirroring the collaborative tone set forth in the Wisconsin form’s request for a written agreement to be attached if available.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, while primarily focused on child custody aspects, shares an overlap with the FA-4111 in its requirement for detailed personal information. Both documents necessitate the provision of residency information, essential for establishing jurisdiction similar to the residency queries posed in the Wisconsin petition. These documents ensure that the legal proceedings adhere to the appropriate jurisdictional mandates, streamlining the process for all parties involved.
The Property Declaration form used in divorce proceedings is akin to portions of the FA-4111 form, where the identification and division of marital assets are concerned. It requires individuals to list all assets and liabilities, similar to the implicit requirement of the Wisconsin form where parties are urged to divide property via a mutual agreement if possible. This parallel allows for a transparent and equitable distribution of the marital estate, laying the foundation for financial independence post-divorce.
Request for Order forms, common in family law, share a procedural similarity with the FA-4111, specifically in their usage to petition for specific relief from the court, such as modifications to spousal support, custody, or visitation agreements. While the Wisconsin form is specifically geared towards initiating a divorce or legal separation, the Request for Order forms can be seen as a mechanism to modify or enforce terms agreed upon in the initial proceedings, reflecting the dynamic and ongoing nature of family law.
The Notice of Hearing form, typically used to inform parties about the scheduled time for their court appearance, shares a foundational role with the FA-4111 in moving legal proceedings forward. Though one is for initiating action and the other for notifying about subsequent proceedings, both play crucial roles in the legal process by ensuring parties are properly informed and prepared for the judicial steps ahead, facilitating a smoother transition through the complexities of family law.
Petition for Dissolution of Marriage, prevalent across various states, is fundamentally aligned with the FA-4111 form in its core objective – to commence legal proceedings for the dissolution of a marital relationship. Both documents necessitate vital statistical and personal information, grounds for the dissolution, and residency qualifications to establish jurisdiction. This commonality underscores the universal pathway couples must navigate to obtain legal recognition of their separation, regardless of the specific jurisdictional nuances.
When filling out the Wisconsin FA-4111 form for a divorce or legal separation without minor children, it's important to pay close attention to detail and follow specific guidelines to ensure the process goes smoothly. Here are five things you should do and five things you shouldn't do:
What You Should Do:
What You Shouldn't Do:
Understanding legal forms is crucial, especially when it involves significant life changes such as divorce or legal separation. The Wisconsin FA-4111 form is a document designed for couples seeking a joint petition for divorce or legal separation without minor children involved. However, there are several misconceptions about this form that need clarification.
Misconception 1: The form is universally applicable. This document is specific to the state of Wisconsin. Requirements for divorce or legal separation differ by state, so it's essential to use the correct form for your jurisdiction.
Misconception 2: Any couple can use this form. The FA-4111 form is designated for couples without minor children. It's not suitable for cases where minor children are involved, as those situations have different legal considerations and requirements.
Misconception 3: Legal representation is not necessary when using this form. Even when using a standardized form like the FA-4111, consulting with a legal professional can provide valuable guidance and ensure that all legal aspects are properly addressed.
Misconception 4: The case number needs to be known before filling out the form. The case number is assigned by the court clerk after the form is filed, so applicants should leave this section blank when completing the form.
Misconception 5: The form requires notarized signatures. Signatures on the FA-4111 form do not need to be notarized. However, accurately completing and signing the document is essential for proceeding with the divorce or legal separation.
Misconception 6: Filing this form is the only step in the process. Filing the FA-4111 form is a significant step, but it is typically part of a broader legal process that may include court appearances, negotiations, and compliance with court orders.
Misconception 7: Personal details of previous marriages are unnecessary. The form requires information on previous marriages, including how they ended (divorce or death) and the location where the divorce was granted or the death occurred. This information is crucial for the accurate processing of the current petition.
Misconception 8: Pregnancy status is irrelevant. The form asks about the wife's pregnancy status because it can impact legal considerations and proceedings, especially regarding paternity and child support issues.
Misconception 9: The form’s prohibitions on actions by the parties are suggestions, not enforceable rules. The prohibitions listed in the form, such as not harassing or transferring property without consent, are legally enforceable. Violations may result in punishment for contempt.
Correcting these misconceptions ensures a better understanding of the FA-4111 form and its role in the legal process for divorces and legal separations without minor children in Wisconsin. Couples should consider legal advice to navigate the process effectively and understand their rights and obligations fully.
Filing for a divorce or legal separation in Wisconsin without minor children involved is a structured process that requires careful attention to detail. The State of Wisconsin provides a specific form, FA-4111, for this purpose. Understanding this form is essential for parties looking to navigate their separation with clarity and compliance. Here are some key takeaways regarding the completion and use of the Wisconsin FA-4111 form.
It's also vital to note the form reminds both parties of prohibitions under Wisconsin statutes against harassing or imposing restraints on each other's liberty, and against disposing of property without consent or court order, while the action is pending. Understanding and observing these prohibitions can help avoid legal complications or contempt charges during the proceedings.
Lastly, signatures are required from both parties at the end of the form, solidifying their understanding and agreement with the information provided. These signatures do not need to be notarized, streamlining the process. However, ensuring that the details are thoroughly and accurately completed before signing is crucial to a smooth legal process.
In conclusion, filling out and submitting the Wisconsin FA-4111 form is a key step in the divorce or legal separation process for couples without minor children. By carefully following the instructions and providing accurate information, parties can help ensure that their proceedings move forward with clarity and compliance with Wisconsin law.
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