INSTRUCTIONS FOR SUMMONS AND PETITION FOR ANNULMENT (WITH MINOR CHILDREN) This form is intended for use by an individual who wishes to file for annulment. The form is to be used when the parties have children together who are under the age of 18. You can file for annulment only if at least one of the parties has lived in Dane County for thirty (30) days or if the parties were married in the State of Wisconsin within one year immediately before filing for annulment. Read and fill out the forms. Type or print neatly. Please carefully review the following instructions. The numbers on the instructions below correspond to the numbers on the forms. PETITION FOR ANNULMENT In the caption at the top of the first page, print your name on the line labeled “Petitioner”. Print your spouse’s name on the line labeled “Respondent”. 1. Print your full name on the line labeled “Petitioner’s name”. Print the other information requested. 2. Print your spouse’s full name on the line labeled “Respondent’s name”. Print the other information requested. 3. Fill in the date on which you were married and the county and state where the marriage took place. 4. Circle the option that indicates why you are filing for annulment. 5. Check whether the husband, wife or both parties have resided in Dane County for 30 days or if you were married in the State of Wisconsin within one year immediately before filing for annulment. 6. If one or both of you have previously filed for a legal action affecting this marriage, state in the space provided who filed, in what county and when (if you know the date). 7. If either of you were previously married, indicate in the space provided which party was previously married, to whom, and the date the marriage was terminated (if you know the date). 8. In the space provided, list the names and birthdates of the minor child(ren) born to or adopted by the parties. 9. If any children were born to the wife during the marriage and her husband is not the father, list those children here with their birthdates. If all children born to the wife during the marriage are children of the husband, print “none” in this section. American LegalNet, Inc. www.FormsWorkFlow.com 11. If the wife is pregnant, cross out the word “not”. 13. Circle the items that you are requesting the Judge to order. Sign and date the Petition for Annulment at the bottom of the third page. SUMMONS In the caption at the top of the first page, print your name on the line labeled “Petitioner”. Print your spouse’s name on the line labeled “Respondent”. On the first blank line in the middle of the first page, print your name. Print your address on the second blank line. Date and sign the document where indicated on the third page. UNIFORM CHILD CUSTODY JURISDICTION ACT AFFIDAVIT 1 – 3. Provide the information requested on the lines indicated. 4 – 5. If there has ever been a court case as to custody of your children, check the “yes” box and explain where indicated. If there has never been a court case as to custody of your children, check the “no” box. 6. If any person, other than you and your spouse, has physical custody of the child or custody, visitation and placement rights, check the “yes” box and explain who it is. If no other person has such rights, check the “no” box. Sign the Uniform Child Custody Jurisdiction Act Affidavit in front of a Notary. CONFIDENTIAL PETITION ADDENDUM The Confidential Petition Addendum form may be obtained at www.countyofdane.com/court/prepare/formFamily.aspx or in the Legal Resource Center, Room L1007, of the Dane County Courthouse. 1A. 1B. 1C. 2A. 2B. Print the wife’s full name and the requested information. Print the husband’s full name and the requested information. Complete only if applicable. Print the child(ren)’s full name and the requested information. Complete if applicable, or check the “None” box. Sign and date the form. Make three additional copies of your documents after you have signed them. American LegalNet, Inc. www.FormsWorkFlow.com FILE CASE AND PAY FEE Take the original and three copies of the forms to the Clerk of Courts, Room 1000, Dane County Courthouse, 215 S Hamilton Street, Madison, WI 53703 to file the case. You will have to pay the current Family Action to Commence with Petition for Maintenance or Support fee. The fee chart may be obtained at http://www.countyofdane.com/court/prepare/fees.aspx or in Room 1000 of the Dane County Courthouse. ***If you believe you are entitled to a waiver of the fee due to poverty, you will need to complete a Petition for Waiver of Filing and Service Fees available at the Court Commissioner Center, Room 2000, Dane County Courthouse. The Court will determine if the fee can be waived. If you ask for a waiver, do so before paying any fees, not after. In order to receive a waiver, a requester receiving aid must provide: • • The completed Petition for Waiver of Fees and Costs – Affidavit of Indigency and Order, Form CV-410; and The proposed pleading, original and required copies. If the requester does not receive aid, he/she must complete Section 2 of the Petition and provide the following: • • • • • • The completed Petition for Waiver of Fees and Costs – Affidavit of Indigency and Order, Form CV-410; The proposed pleading, original and required copies; and Paystubs for the past 30 days for any type of income, earned or unearned; Taxes for self employment; Unemployment amounts, if any received; Child support payments received. Optional - If you would like to apply for services from the Dane County Child Support Agency, complete an “Application for Child Support Services” (form available at LRC, CCC, or online). The application should be completed (including your newly assigned court case number) and mailed to the Dane County Child Support Agency at the address listed on the form. SERVE THE SUMMONS AND PETITION FOR ANNULMENT You must serve your spouse with an authenticated copy of all documents you filed with the Court. Service must be accomplished within 90 days of the filing date. Below are some of the options you may use for service. Service by Sheriff If the other party lives within Dane County, you may have the documents served on the other party by the Dane County Sheriff’s Office Civil Process Unit, Public Safety Building, 115 W. Doty St. Room 2002, Madison, WI 53703. The Sheriff’s Office will need two copies of the American LegalNet, Inc. www.FormsWorkFlow.com forms you filed in Step 2. There is a $40 charge for every service attempt plus 55.5¢ per mile, round trip, that the deputy travels. Once the Sheriff has served the forms, you will be sent a Proof of Service form. Make a copy for your records and return the original to the Court Commissioner Center, Room 2000 of the Dane County Courthouse. If the person to be served lives outside of Dane County, call the Sheriff’s Office in that county for instructions on service of the paperwork. Service by Private Process Server You may use a private process server to serve the documents. To locate a private process server, look in the phone book yellow pages under "Process Servers." Once the forms have been served, you will be sent a Proof of Service form. Make a copy for your records and return the original to the Court Commissioner Center, Room 2000 of the Dane County Courthouse. Admission of Service If you believe the respondent will be willing to admit that he or she received the Summons and Petition, you can have the respondent sign an Admission of Service form available at the Dane County Legal Resource Center in Room L1007 or online. If an Admission of Service form is signed by the respondent, you do not need to have the respondent served by the sheriff or a private process server. If the respondent signs an Admission of Service form, make a copy for your records and return the original to the Court Commissioner Center, Room 2000 of the Dane County Courthouse. Service by Publication (Last Resort) First, you must attempt to personally serve the respondent at their last known address. If, after reasonable diligence, you are unable to locate the respondent, you may have to publish the notice in the newspaper according to WI Statute §985.02(1). “Reasonable diligence” may include contacting the respondent’s relatives or friends for a current address and evidence of failed attempts at personal service. See WI Statute § 801.11(1)(c) for more information. A separate packet with forms and instructions for “Service by Publication,” including an Affidavit of Efforts to Locate the Absent Respondent, are available at the Dane County Legal Resource Center or online on the Dane Co. Clerk of Courts Family Court Forms page at http://www.countyofdane.com/court/prepare/formFamily.aspx American LegalNet, Inc. www.FormsWorkFlow.com STATE OF WISCONSIN CIRCUIT COURT BRANCH ______ In re the marriage of: ______________________________, Petitioner, DANE COUNTY PETITION FOR ANNULMENT (with minor children) and ______________________________, Respondent. Case No. _______________ The petitioner states as follows: 1. Petitioner’s name: ________________________________________________________ Address: ________________________________________________________________ City, State, ZIP: __________________________________________________________ Date of birth: ___________________ Occupation: _____________________________________________________________ 2. Respondent’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. American LegalNet, Inc. www.FormsWorkFlow.com 13. Petitioner requests the following relief: a. b. c. d. e. f. g. h. i. Annulment Fair and final property settlement Orders establishing custody and physical placement Child support Maintenance Costs of this action 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. __________________________________________ Petitioner Pro Se Date American LegalNet, Inc. www.FormsWorkFlow.com STATE OF WISCONSIN CIRCUIT COURT BRANCH ______ In re the marriage of: ______________________________, Petitioner, and ______________________________, Respondent. DANE COUNTY ANNULMENT (Code 40201) SUMMONS (with minor children) Case No. _______________ THE STATE OF WISCONSIN, TO THE PERSON NAMED ABOVE AS RESPONDENT: You are hereby notified that the petitioner named above has filed a petition for annulment against you, which is attached, stating the nature and basis of the legal action. Within twenty (20) days of receiving this summons, you must respond with a written answer, as that term is used in Chapter 802 of Wisconsin Statutes, to the petition. The court may reject or disregard any written answer that does not follow the requirements of the statutes. The answer must be sent or delivered to this court, whose address is: Court Commissioner Center, Room 2000, Dane County Courthouse, 215 S Hamilton Street, Madison, WI 53703, and to _______________________________________________, the petitioner, whose address is: ___________________________________________________________________________. You may have an attorney help or represent you. If you do not provide a proper answer within twenty (20) days, the court will enter a default judgment granting an annulment to the petitioner. If you do not provide a proper answer within twenty (20) days, the court may grant a judgment against you for the award of money or other legal action as requested in the petition, and you may lose you right to object to anything that is or may be incorrect in the petition. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment of wages or seizure of property. If you and the petitioner have minor children, accompanying this summons will be a document setting forth the percentage standard for child support established by the Department of Workforce Development under Wis. Stat. § 49.22(9), and listing the factors that a court may consider for modification of that standard under Wis. Stat. § 767.511(1m). You are hereby notified that if you and the petitioner have any minor children, violation of the following criminal statutes is punishable by a fine not to exceed $10,000.00 or American LegalNet, Inc. www.FormsWorkFlow.com imprisonment not to exceed two years (Class E felony) or both; or is punishable by a fine not to exceed $10,000.00 or imprisonment not to exceed ten years (Class C felony) or both. § 948.31 INTERFERENCE WITH CUSTODY BY PARENT OR OTHERS. (1) (a) In this subsection, “legal custodian of a child” means: 1. A parent or other person having legal custody of the child under an order or judgment in an action for divorce, legal separation, annulment, child custody, paternity, guardianship or habeas corpus. 2. The department of health and family services or the department of corrections or any person, county department under § 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody of the child has been transferred under ch. 48 or 938 to that department, person or agency. (b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the courtapproved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class F felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph. (2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child’s parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under § 767.803, from the child’s mother or, if he has been granted legal custody, the child’s father, without the consent of the parents, the mother or the father with legal custody, is guilty of a Class I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child. (3) Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class F felony: (a) Intentionally conceals a child from the child’s other parent. (b) After being served with process in an action affecting the family but prior to the issuance of a temporary or final order determining child custody rights, takes the child or causes the child to leave with intent to deprive the other parent of physical custody as defined in § 822.02(14). (c) After issuance of a temporary or final order specifying joint legal custody rights and periods of physical placement, takes a child from or causes a child to leave the other parent in violation of the order or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period. (4) (a) It is an affirmative defense to prosecution for violation of this section if the action: 1. Is taken by a parent or by a person authorized by a parent to protect his or her child in a situation in which the parent or authorized person reasonably believes that there is a threat of physical harm or sexual assault to the child; 2. Is taken by a parent fleeing in a situation in which the parent reasonably believes that there is a threat of physical harm or sexual assault to himself or herself; 3. Is consented to by the other parent or any other person or agency having legal custody of the child; or 4. Is otherwise authorized by law. American LegalNet, Inc. www.FormsWorkFlow.com (b) A defendant who raises an affirmative defense has the burden of proving the defense by a preponderance of the evidence. (5) The venue of an action under this section is prescribed in § 971.19(8). (6) In addition to any other penalties provided for violation of this section, a court may order a violator to pay restitution, regardless of whether the violator is placed on probation under § 973.09, to provide reimbursement for any reasonable expenses incurred by any person or any governmental entity in locating and returning the child. Any such amounts paid by the violator shall be paid to the person or governmental entity which incurred the expense on a prorated basis. Upon the application of any interested party, the court shall hold an evidentiary hearing to determine the amount of reasonable expenses. You are also notified that, under Wis. Stat. § 767.105(2), you may request, and may have to pay for, the following written information from the Court Commissioner: 1. The procedure for obtaining a judgment or order in this action. 2. The major issues usually addressed in such an action. 3. Community resources and family court counseling services available to assist the parties. 4. The procedure for setting, modifying and enforcing child support awards or modifying and enforcing legal custody or physical placement judgments or orders. 5. A copy of the statutory provisions in Chapter 767 generally pertinent to this action for inspection or purchase. If you require the assistance of auxiliary aids or services because of a disability, call 266-4311 (TDD 266-4625) and ask for the court ADA coordinator. Dated this _______ day of ____________________, 20____. BY ______________________________ Petitioner Signature Name Printed: _____________________________ Address: _____________________________ _____________________________ American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com