How to File for Divorce in Dane County
To file for divorce in Dane County, you must be a resident for at least 30 days. You will need to file a summons, petition, and confidential petition addendum with the Dane County Clerk, pay a filing fee, and serve your spouse. There is a 120 day mandatory wait time before the final hearing.
Overview of Filing For Uncontested Divorce in Dane County
- For Uncontested divorce, you must obtain a “Joint Petition for Divorce” and a “Confidential Petition Addendum”. All forms can be found at the Legal Resource Center (LRC) Rm. #1007 in the Dane County Courthouse or online.
DO NOT write Social Security numbers on the joint petition. Soc. Sec. numbers should only be placed on the Confidential Petition Addendum form. - File the original and three copies of the Joint Petition for and pay the filing fee to the Clerk of Courts (COC) office, Rm. 1000, Dane County Courthouse. Only the original addendum is required
(There is a mandatory 120 days waiting period before the court can hear the final hearing)
If both you and your spouse cannot pay the fee, both of you must apply for a “Petition for waiver of filing and service fees” at the Court Commissioner Center (CCC) Rm 2000 or online. - If there is not total agreement on all divorce issues after you have tried to settle the issue, complete the “Marital Settlement Agreement” OR a “Request for Status Conference” to have a pretrial hearing before a court commissioner.
- File the original settlement agreement with the Court Commissioner Center, you should both keep a copy.
- File the “Original Certificate of Divorce or Annulment” form (Vital Statistics form) with the Court Commissioner Center. (This form can be found at the COC, CCC, or LRC)
The above items must be completed before you can get a final hearing date
After these steps are completed, a “Certificate of Readiness for Trial” form will be completed by the CCC. This will be sent to the judge and the divorce hearing will be scheduled.
- Obtain and complete a “Financial Disclosure Statement” which is available at the LRC or Online.
- Attend your divorce trial. The judges office will send you a trial date after they have received a Certificate of Readiness. Both you and your spouse must bring your completed Financial Disclosure Statement to the trial. Be early, be polite, and be prepared to present your case.
- After the hearing, prepare the “Findings of Fact, Conclusions of Law and Judgement” (FFCLJ) form, make 3 copies and submit them to the judge for their signature. The form can be found at LRC or online. Copies of the completed Marital Settlement Agreement should be attached to the original and each of the copies or the FFCLJ.
If the final judgment is not filed within 30 days as WI state law requires, the judge may initiate an Order to Show Cause for contempt hearing against the attorney or party responsible for preparing and filing the documents. Sanctions may be imposed by the judge at this time.
forms can be found online here:https://courts.countyofdane.com/Prepare/formFamily
For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!
Filing for Contested Divorce
- Obtain “Summons and Petition for Divorce” and “Confidential Petition Addendum” (Found in LRC or online) DO NOT write Social Security numbers on the summons and Petition. Soc. Sec. numbers should only be placed on the Confidential Petition Addendum form. If a temporary order hearing is necessary, obtain an “Order to Show Cause for Temporary Order” form.
- File the original and three copies of the Summons and Petition for Divorce and pay the filing fee in the Clerk of Courts (COC) Rm. 1000 of the Dane County Courthouse. 1 is for you, 2 are for the service of your spouse.
Optional – If you do not think you will be able to pay the filing fee, you can apply for a “Petition for Waiving fo Filing and Service fees” at the Court Commissioner Center (CCC) RM 2000. The form is available at the LRC, CCC, COC, or online.
Optional – File the original and three copies of the “Order to Show Cause for Temporary Order” with the CCC if a temporary Hearing is needed. - Serve the Summons and Petition and, if applicable, Order to Show for Temporary Order, to your spouse. The Dane County Sheriff's Civil Process Unit or a private process server will serve legal documents for a fee. If your spouse will admit to receiving the forms from you, they need to sign a “Admission of Service” form, which can be found at the LRC or online.
- Return the original Proof of Service received from the process server, or the Admission of Service, to the CCC or COC. Keep a copy for yourself.
- Attend a Temporary Order hearing if one is requested. You will need to bring a completed “Financial Disclosure Statement” to your hearing.
- Complete a “Marital Settlement Agreement”. If there is not agreement on all divorce issues, you will need to file a “Request for Status Conference” to have a pretrial hearing. Some examples of divorce issues you will need agreement on are:
– Child Custody / Placement
– Child Support
– Use of the family residence
– Use of Automobiles or other personal property
– Payment of bills
– Payment of maintenance - File the original Marital Settlement Agreement or Request for Status Conference with the CCC. Both you and your spouse should keep a copy. If you are filing for a status conference, you must serve a copy on your spouse by mail.
- File the “Original Certificate of Divorce or Annulment” form (Vital Statistics form) with the CCC. This can be found at the COC, CCC, of LRC.
You cannot get a final hearing date until all above items are completed.
After these steps are completed, the CCC will complete the “Certificate of Readiness for Trial” form and send it to the judge so the divorce hearing can be scheduled. - Complete the Financial Disclosure Statement which can be found at the LRC or online.
- Attend a divorce trial. You will receive notice of a trial date from the judge's office after the Certificate of Readiness for Trial has been received. Bring your completed Financial Disclosure Statement and Proof of Service of the Order for Appearance (if applicable) to the trial. Be 15 minutes early, be polite, and be ready to present your case.
- After the divorce hearing, prepare the “Findings of Fact, Conclusions of Law and Judgement” (FFCLJ) for, make three copies and submit to the judge for their signature. A copy of your completed Marital Settlement Agreement should be attached to the original and each of the three copies of the FFCLJ.
If the final judgement is not filed within 30 days, the judge may initiate an Order to Show Cause for contempt hearing against the party responsible for preparing and filing the documents. The judge can impose appropriate sanctions.
Forms can be found online here: https://courts.countyofdane.com/Prepare/formFamily
Legal Resource Center (LRC): Rm L1007, (608) 266-6316, Email @: [email protected]
Court Commissioner Center (CCC): Rm 2000
Clerk of Courts (COC): Rm 1000, (608) 266-4311
Are you ready to move forward? Call (262) 221-8123 to schedule a strategy session with one of our attorneys.
Dane County Mandated Divorce Counseling for Parties with Minor Children
When Parent education is ordered, both parents must attend and the sessions must be completed within 45 days of the Court's referral. Dane county commissioners and judges refer most parties to Family Court Counseling Service (FCCS). After being referred, you will receive a letter requesting background information and a schedule of when to attend the mandatory Parent Education Program. The program charges a fee per parent, no exceptions, and is attended by other parties experiencing similar difficulties. Parent Education may be completed at another agency, but it first needs to be approved by the Family Court Services Director.
More parent education info found here:https://familycourtservices.countyofdane.com/documents/PDFs/FC-ResourceB
Family Court Counseling Service
Rm 2030, Dane County Courthouse
(608) 266-4607
Filing Fees in Dane County
After filling out paperwork specific to your situation, you will need to file the paperwork and pay a fee to the Clerk of the Circuit Court. The following fees are approximate and depend entirely on what additional paperwork your case requires.
- Filing for a Dane County divorce with no request for support or maintenance is $184.50
- Filing for divorce with a request for support or maintenance is $194.50
After filing your paperwork, there is a 120 day mandatory wait time before your final court date can be scheduled.
Any other fees can be found here: Wisconsin Circuit Court Fees (See Page 5 of the PDF) [8]
Dane County Courthouse
215 S Hamilton Street
Madison, WI 53703
Mon-Fri 7:45 am-4:30 pm
(608) 266-4311
For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!