INSTRUCTIONS FOR JOINT PETITION FOR ANNULMENT (WITH MINOR CHILDREN) This form is intended for use by individuals who wish to file for annulment together. The form is to be used when the parties have children together who are under the age of 18. You can file for annulment only if at least one of the parties has lived in Dane County for thirty (30) days or if the parties were married in the State of Wisconsin within one year immediately before filing for annulment. If you file a Joint Petition for Annulment, you do not need to file a Summons. Read and fill out the forms. Type or print neatly. Please carefully review the following instructions. The numbers on the instructions below correspond to the numbers on the forms. JOINT PETITION FOR ANNULMENT In the caption at the top of the first page, either party’s name may appear first on the two lines labeled “Joint Petitioner”. Print one name on each line. Each party’s name must appear on the same line on documents you file in the future. 1. Print the wife’s full name on the first line. Print the other information requested. 2. Print the husband’s full name on the first line. Print the other information requested. 3. Fill in the date on which you were married and the county and state where the marriage took place. 4. Circle the option that indicates why you are filing for annulment. 5. Check whether the husband, wife or both parties have resided in Dane County for 30 days or if you were married in the State of Wisconsin within one year immediately before filing for annulment. 6. If one or both of you have previously filed for a legal action affecting this marriage, state in the space provided who filed, in what county and when (if you know the date). 7. If either of you were previously married, indicate in the space provided which party was previously married, to whom, and the date that marriage was terminated (if you know the date). 8. In the space provided, list the names and birthdates of the minor child(ren) born to or adopted by the parties. 9. If any children were born to the wife during the marriage and her husband is not the father, list those children here with their birthdates. If all children born to the wife during the marriage are children of the husband, print “none” in this section. 11. If the wife is pregnant, cross out the word “not”. 12. If the parties have entered into any written agreements as to support, legal custody, physical placement of the child(ren), maintenance of either party, or property division, cross out the word “not”. 14. Circle the items that you are requesting the Judge to order. Both parties must sign and date the Joint Petition for Annulment at the bottom of the third page. American LegalNet, Inc. www.FormsWorkFlow.com UNIFORM CHILD CUSTODY JURISDICTION ACT AFFIDAVIT 1 – 3. Provide the information requested on the lines indicated. 4 – 5. If there has ever been a court case as to custody of your children, check the “yes” box and explain where indicated. If there has never been a court case as to custody of your children, check the “no” box. 6. If any person, other than you and your spouse, has physical custody of the child or custody, visitation and placement rights, check the “yes” box and explain who it is. If no other person has such rights, check the “no” box. Sign the Uniform Child Custody Jurisdiction Act Affidavit in front of a Notary. CONFIDENTIAL PETITION ADDENDUM The Confidential Petition Addendum form may be obtained at www.countyofdane.com/court/prepare/formFamily.aspx or in the Legal Resource Center, Room L1007, of the Dane County Courthouse. 1A. 1B. 1C. 2A. 2B. Print the wife’s full name and the requested information. Print the husband’s full name and the requested information. Complete only if applicable. Print the child(ren)’s full name and the requested information. Complete if applicable, or check the “None” box. Sign and date the form. Make two additional copies of the documents after you have signed them. FILE CASE AND PAY FEE Take the original and two copies of the forms to the Clerk of Courts, Room 1000, Dane County Courthouse, 215 S Hamilton Street, Madison, WI 53703 to file the case. You will have to pay the current Family Action to Commence with Petition for Maintenance or Support fee. The fee chart can be obtained at http://www.countyofdane.com/court/prepare/fees.aspx or in Room 1000 of the Dane County Courthouse. ***If you believe that both parties are entitled to a waiver of the fee due to poverty, each party needs to fill out a Petition for Waiver of Filing and Service Fees available at the Court Commissioner Center, Room 2000, Dane County Courthouse. The Court will determine if the fee can be waived. If you ask for a waiver, do so before paying any fees, not after. In order to receive a waiver, a requester receiving aid must provide: • • The completed Petition for Waiver of Fees and Costs – Affidavit of Indigency and Order, Form CV-410; and The proposed pleading, original and required copies. American LegalNet, Inc. www.FormsWorkFlow.com If the requester does not receive aid, he/she must complete Section 2 of the Petition and provide the following: • • • • • • The completed Petition for Waiver of Fees and Costs – Affidavit of Indigency and Order, Form CV-410; The proposed pleading, original and required copies; and Paystubs for the past 30 days for any type of income, earned or unearned; Taxes for self employment; Unemployment amounts, if any received; Child support payments received. Optional - If you would like to apply for services from the Dane County Child Support Agency, complete an “Application for Child Support Services” (form available at LRC, CCC, or online). The application should be completed (including your newly assigned court case number) and mailed to the Dane County Child Support Agency at the address listed on the form. American LegalNet, Inc. www.FormsWorkFlow.com STATE OF WISCONSIN CIRCUIT COURT BRANCH ______ In re the marriage of: ______________________________, Joint Petitioner, and ______________________________, Joint Petitioner. DANE COUNTY ANNULMENT (Code 40201) JOINT PETITION FOR ANNULMENT (with minor children) Case No. _______________ Both parties state as follows: 1. Wife’s name: ____________________________________________________________ Address: ________________________________________________________________ City, State, ZIP: __________________________________________________________ Date of birth: ___________________ Occupation: _____________________________________________________________ 2. Husband’s name: _________________________________________________________ Address: ________________________________________________________________ City, State, ZIP: __________________________________________________________ Date of birth: ___________________ Occupation: _____________________________________________________________ 3. The parties to this action were married on _______________________, 19____ / 20____ at _____________________________________________________________________. 4. Indicate the grounds for the annulment: a. A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of age, mental incapacity or infirmity, or the influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into the marriage by force or duress, or by fraud involving the essentials of marriage. Suit may be brought by either party or by the legal representative of a party lacking the capacity to consent, no later than one year after the petitioner obtained knowledge of the described condition. b. A party lacks the physical capacity to consummate the marriage by sexual intercourse, and at the time the marriage was solemnized the other party did not know of the incapacity. Suit may be brought by either party no later than one year after the petitioner obtained knowledge of the incapacity. American LegalNet, Inc. www.FormsWorkFlow.com c. A party was 16 or 17 years of age and did not have the consent of his or her parent or guardian or judicial approval, or a party was under 16 years of age. Suit may be brought by the underaged party or a parent or guardian at any time prior to the party’s attaining the age of 18, but a parent or guardian must bring suit within one year of obtaining knowledge of the marriage. d. The marriage is prohibited by the laws of this state. Suit may be brought by either party within 10 years of marriage, except that the 10-year limitation shall not apply where the marriage is prohibited because either party has another spouse living at the time of the marriage and the impediment has not been removed under Wis. Stat. § 765.24. 5. The husband wife parties has/have been (a) resident(s) of Dane County for thirty (30) days or, the parties were married in this state within one year immediately prior to the commencement of this action. 6. No other legal action affecting this marriage has been brought by either of the parties in this state or elsewhere. (Except: 7. Neither party was previously married. (Except: 8. The following minor child(ren) has/have been born to or adopted by the parties: Name: Birthdate: 9. No other minor child(ren) were born to the wife during this marriage. (Except: 10. The custody information set forth on the attached form is given under oath in order to comply with Wis. Stat. § 822.09. 11. The wife is (not) pregnant. 12. The parties have (not) entered into any written agreements as to support, legal custody, physical placement of the child(ren), maintenance of either party, or property division. 13. Joint petitioners consent to the personal jurisdiction of the Dane County Circuit Court and waive service of a summons in this action as permitted by Wis. Stat. § 767.215(3) American LegalNet, Inc. www.FormsWorkFlow.com 14. Joint petitioners request the following relief: a. b. c. d. e. f. g. h. Annulment Fair and final property settlement Orders establishing custody and physical placement Child support Maintenance Restoration of former legal surname The services provided under Wis. Stat. § 49.22 Such other relief as the court deems just and reasonable You are hereby notified that pursuant to Wis. Stat. § 767.117, during the pendency of this action, both parties are prohibited from and may be held in contempt of court for: 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 otherwise 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 a 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; 3. without the consent of the other party or an order of the court or a circuit court commissioner, establishing a residence with a minor child of the parties outside the State of Wisconsin or more than 150 miles from the residence of the other party within the state, removing a minor child of the parties from the State of Wisconsin for more than 90 consecutive days or concealing a minor child of the parties from the other party. Except, that a violation of paragraph (3) is not a contempt of court if the court finds that the action was taken to protect a party or a minor child of the parties from physical abuse by the other party and that there was no reasonable opportunity under the circumstances for the party to obtain an order authorizing the action. These restraining orders apply until the action is dismissed, a final judgment in the action is entered, or the court or a circuit court commissioner orders otherwise. A violation of the above restraining order may result in punishment for contempt, which may include monetary penalties, imprisonment and other sanctions as provided for in Wis. Stat. § 785.04. ____________________________________ Joint Petitioner Signature Date ____________________________________ Joint Petitioner Signature Date American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com