FA-4161VA, 11/23 Findings of Fact, Conclusions of Law, and Judgment without Minor Children §767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 1 of 5
Petitioner/Joint Petitioner A:
Respondent/Joint Petitioner B:
Enter the name of the
county in which this case
is filed.
STATE OF WISCONSIN, CIRCUIT COURT, COUNTY
Enter the name of the
petitioner/joint petitioner A.
IN RE: THE MARRIAGE OF
Petitioner/Joint Petitioner A
Name (First, Middle and Last)
and
Respondent/Joint Petitioner B
Name (First, Middle and Last)
Amended
Findings of Fact,
Conclusions of Law, and
Judgment
without Minor Children
Divorce - 40101
Legal Separation - 40201
Case No.
Enter the name of the
respondent/ joint
petitioner B.
Check divorce or legal
separation.
Enter the case number.
FINAL HEARING
A final hearing was conducted in this matter as follows:
In 1, enter the name of
the court official who
granted the judgment and
the address and date
[Month, Day, Year] on
which it was granted.
1.
Before
Circuit Court Judge/Circuit Court Commissioner
2.
Location
3.
Date Time a.m. p.m.
APPEARANCES
In 1, check how the party
appeared.
If b, enter the name of the
attorney.
1.
Petitioner/Joint Petitioner A
appeared in person by phone by video
did not appear AND
a.
was self-represented.
b.
was represented by Attorney .
In 2, check how the party
appeared.
If b, enter the name of the
attorney.
2.
Respondent/Joint Petitioner B
appeared in person by phone by video
did not appear AND
a.
was self-represented.
b.
was represented by Attorney .
In 3, check a, or b. If b,
enter the name of the
individual who appeared.
3.
Others appearing at the hearing:
a.
None.
b.
Other: .
Petitioner/Joint Petitioner A:
Respondent/Joint Petitioner B:
FA-4161VA, 11/23 Findings of Fact, Conclusions of Law, and Judgment without Minor Children §767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 2 of 5
FINDINGS OF FACT
A.
Jurisdiction
1.
All necessary parties were properly served and 120 days have lapsed since filing
the joint petition or the date of service of the summons and petition, whichever
applies.
2.
At the time of the final hearing, the parties requested a
In 2, check a or b.
a.
Divorce. The court finds the marriage is irretrievably broken.
b.
Legal Separation. The court finds the marital relationship is broken.
3.
All jurisdictional requirements for a judgment have been met.
In B.1, enter the
requested information
about Petitioner/Joint
Petitioner A. If you do
not know an answer,
enter “unknown” in the
blank.
B.
Parties (as of the date of the final hearing)
1.
Petitioner/Joint Petitioner A in this action is:
Name
Address
Address
City State Zip
Date of birth
Gross monthly income $
In 2, enter the requested
information about
Respondent/Joint
Petitioner B. If you do
not know an answer,
enter “unknown” in the
blank.
2.
Respondent/Joint Petitioner B in this action is:
Name
Address
Address
City State Zip
Date of birth
Gross monthly income $
C.
Children
In C1, check a or b.
1.
a.
No children were born to or adopted together by the parties before or
during the marriage.
b.
All children born to or adopted together by the parties before or during the
marriage are as set forth in the petition.
In 2, check a or b and if
b, check which party is
the husband
2.
a.
Neither party is currently pregnant.
b.
[Name of Party] is currently pregnant and
Petitioner/Joint Petitioner A
Respondent/Joint Petitioner B
is found not to be the father.
3.
The parties’ assets, their interests, values and their encumbrances and debts are
found to be as stated in the Financial Disclosure Statements, which were
updated as required by statute on the record at the time of trial and are on file.
4.
A Marital Settlement Agreement or Proposed Marital Settlement has been
submitted, the party(s) have asked that it be approved by the Court. All parties
present have been informed of the legal consequences if the court approves the
document in whole or in part.
In D, check 1, 2, or 3.
If 3, enter the amount and
interest rate and check a
or b. If a, enter the date.
If b, enter payment
amount, the frequency of
the payment, and the date
payments begin.
D.
Past Due Maintenance.
The amount of the past due arrearages for maintenance at the time of the final hearing is
1.
none (zero).
2.
as stated in the Marital Settlement Agreement or Proposed Marital Settlement.
3.
$ which shall earn interest at the rate of % per year and shall
be paid as
(a)
a one-time payment to the WI SCTF made by [Date] , 20 .
(b)
through monthly income withholding by the WI SCTF in the amount of
$ beginning , 20 until the arrearages
are paid in full.
Pursuant to §767.58(1)(c), Wis. Stats., a party receiving maintenance
must notify the court and the payer within ten (10) days of remarriage.
In E, enter any other
findings.
E.
Other Findings:
Petitioner/Joint Petitioner A:
Respondent/Joint Petitioner B:
FA-4161VA, 11/23 Findings of Fact, Conclusions of Law, and Judgment without Minor Children §767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 3 of 5
CONCLUSIONS OF LAW AND JUDGMENT
In A, check 1 or 2.
If 1, enter the effective
date.
A.
The Court grants a judgment of
1.
Divorce. The marriage between the parties is dissolved and the parties are
divorced effective on date of hearing. other date:
The parties are informed by the court that under §765.03(2), Wis. Stats.:
It is unlawful for any person who is or has been a party to an action of divorce in
any court in this state, or elsewhere, to marry again until six months after
judgment of divorce is granted, and the marriage of any such person solemnized
before the expiration of six months from the date of the granting of judgment of
divorce shall be void.
If 2, enter the effective
date.
2.
Legal Separation. The marital relationship is broken and the parties are granted
a judgment of legal separation effective on date of hearing.
other date:
The parties are informed by the court that under §767.35, Wis. Stats.:
In case of reconciliation, at any time, the parties may apply for a
revocation of the judgment of legal separation.
The court shall convert the decree to a decree of divorce:
by stipulation of both parties at any time, OR
upon motion of either party not earlier than one year after entry of
a decree of legal separation.
In B.1, check the
appropriate boxes and enter
the date [month, day, year]
that the party(s) filed the
checked document and
attach the document. If the
court made changes, write
them in the space provided.
B.
Final Orders
1.
Marital Settlement Agreement filed OR
Proposed Marital Settlement filed of the
Petitioner/Joint Petitioner A
Respondent/Joint Petitioner B
is approved and made the judgment of the court except as changed below:
If 1 does not apply, check
2.
2.
No Marital Settlement Agreement or Proposed Marital Settlement was
approved by the court. A Divorce Judgment Addendum has been prepared to
reflect the Judges’ order and is made the judgment of the court.
C.
Lis Pendens
Any Lis Pendens filed in this action is released.
In D, check 1, 2, or 3.
If 2 or 3, enter the former
legal surname.
D.
Legal Name Restoration
1.
Neither party is awarded the right to use a former legal surname.
2.
Petitioner/Joint Petitioner A is awarded the right to use a former legal surname
of .
3.
Respondent/Joint Petitioner B is awarded the right to use a former legal
surname of .
Note: If this is an action for legal separation, the court cannot allow either party to
resume a former legal surname unless and until the judgment is converted to a
divorce.
E.
Maintenance
1.
Pursuant to §767.75, Wis. Stats., this judgment constitutes an immediate
assignment of all commissions, earnings, salaries, wages, pension benefits,
benefits under Chapter 102 or 108, and other money due or to be due in the
future, to the WI SCTF. The assignment shall be for an amount sufficient to
ensure payment under this judgment, so long as the addition of the amount
toward arrears does not leave the party at an income below the poverty line
established under 42 USC 9902(2).
2.
Pursuant to §767.57(1)(a), Wis. Stats., all payments for child support and/or
maintenance ordered shall note the case number and the names of the parties
on the face of the check, should be made payable to WI SCTF, and sent to:
Wisconsin Support Collections Trust Fund
Box 74200
Milwaukee, WI 53274-0200.
Petitioner/Joint Petitioner A:
Respondent/Joint Petitioner B:
FA-4161VA, 11/23 Findings of Fact, Conclusions of Law, and Judgment without Minor Children §767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 4 of 5
The WI SCTF will transmit the payments to the proper persons entitled to them.
Failure of an employer to pay the proper amount shall not be a defense for
failure to pay the proper amount. If an employer fails to take out the correct
amount for child support and/or maintenance, the party paying is responsible for
paying the full and correct amount directly to WI SCTF.
Pursuant to §767.57(1e), Wis. Stats., the party making payment for child support
and/or maintenance is responsible for payment of the annual receiving and
disbursing fee to WI SCTF.
3.
If maintenance is not denied, both parties shall notify, in writing, the other party
and the Clerk of Court and the Child Support Agency of the county in which this
action is filed, within 10 business days, of any change of employer and
employer’s address.
4.
Pursuant to §767.75, Wis. Stats., a withholding assignment or order under this
section has priority over any other assignment, garnishment, or similar legal
process under Wisconsin law. The employer shall not withhold more of the
employee’s disposable income than allowed pursuant to the Federal Consumer
Credit Protection Act unless the employee agrees to have the full amount
withheld. No employer may use an assignment under this section to deny
employment, or to discharge or take disciplinary action against an employee.
5.
If the court orders child support or maintenance, the parties shall annually
exchange financial information no later than May 1 or Other: [Date]
of each year including all of the following:
A complete copy of the party’s federal and state income tax return for
the prior calendar year, including all W-2 forms and 1099 forms.
A year-end paycheck stub from all sources of employment for the prior
calendar year.
The party’s most recent paycheck stub from all sources of employment
showing year-to-date gross and net income.
Any other documentation of the party’s income from all sources for the
12-month period preceding the exchange of information.
A party who fails to furnish the information as required by the court under this
subsection may be proceeded against for contempt of court under ch. 785, Wis.
Stats. If the court finds that a party has failed to furnish the information required
under this subsection, the court may award to the party bringing the action costs
and, notwithstanding §814.04(1), Wis. Stats., reasonable attorney fees. Failure
by a party to timely file a complete disclosure statement as required hereunder
shall authorize the court to accept as accurate any information provided in the
statement of the other party or obtained under §49.22(2m), Wis. Stats., by WI
SCTF or the county child support agency under §59.53(5), Wis. Stats.
F.
Property Division
Notice is given of the provisions of §767.61 (5) (a) and (b) and §767.61(6), Wis. Stats.
The parties shall transfer title to property of the parties as necessary, in accordance with
the division of property set forth in the judgment.
The parties are notified that:
1.
it may be necessary for the parties to take additional actions in order to transfer
interests in their property in accordance with the division of property set forth in
the judgment, including such interests as interests in real property, interests in
retirement benefits, and contractual interests.
2.
the judgment does not necessarily affect the ability of a creditor to proceed
against a party or against that party's property even though the party is not
responsible for the debt under the terms of the judgment.
3.
an instrument executed by a party before the judgment naming the other party
as a beneficiary is not necessarily affected by the judgment and it may be
necessary to revise the instrument if a change in beneficiary is desired.
4.
a deed consistent with the judgment or a certified copy of the portion of the
judgment affecting title to real property shall be recorded in the office of the
register of deeds of the county in which the real property is located.
Petitioner/Joint Petitioner A:
Respondent/Joint Petitioner B:
FA-4161VA, 11/23 Findings of Fact, Conclusions of Law, and Judgment without Minor Children §767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 5 of 5
G.
Court Ordered Fees
All payments of attorney fees shall be paid directly to the attorney or to the agency
providing services which may enforce the order in its name.
All payment of Guardian ad Litem (GAL) fees or fees for family court services shall be
paid directly to the GAL or the agency which may enforce the order.
H.
Restraining Order
Both parties are restrained from interfering with the personal liberty of the other.
I.
Non-Compliance
Disobedience of the court orders is punishable under ch. 785 Wis. Stats. by commitment to the
county jail until the judgment is complied with and the costs and expense of the proceedings
are paid or until the party committed is otherwise discharged, according to law.
J.
Entry of Judgment
The Clerk of Court’s office, per §806.06(1)(2), Wis. Stats., shall enter this judgment by
affixing a file stamp that is dated.
THIS IS A FINAL ORDER FOR THE PURPOSE OF APPEAL IF SIGNED BY A CIRCUIT COURT JUDGE.
