Annulment: Annulment is based on the theory that the marriage was not valid from the beginning. Annulment
involves a different procedure from divorce or legal separation.
Attorneys: A party who wishes a divorce can either be represented by his/her own attorney, or with no
attorney at all. The decision to involve an attorney is a matter of the amount of issues to be resolved,
complexity of the issues, cooperation of the parties, and the desires of the parties.
Child Support Agency: When the minor children of the parties are receiving Aid for Families with Dependent
Children (AFDC) or Medical Assistance (MA), the law requires that the County Child Support Agency become a
party to the action.
Counseling/Mediation Services: All counties must now provide family court counseling and
mediation services.
Department of Human Services: If custody is an issue, in addition to appointing a Guardian Ad Litem, the
Count may order a custody study to be performed by the County Department of Human Services or a private
agency. If a study is ordered, a trained evaluator may make an investigation and report his/her findings
as to suitability of the parents for custody to the court. Other studies might involve psychological and
chemical dependency evaluations of the parents, children or other involved individuals. This report is
often relied upon by the Court to makes its custody decision
Family Court Commissioner: The Family Court Commissioner is an attorney appointed by the Court to issue
temporary orders, to control disputes and spell out each party's rights and obligations until the final
hearing. The Commissioner does not, however, have the power to enforce orders or find a party in contempt
for violating an order.
Grandparents and Other Significant Parties: The law now allows for grandparents and other persons who may
have acted in a parental capacity to the child(ren) to become a party to the divorce and request the court
to order visitation rights. These individuals may not request or obtain custody of the child(ren) however,
without the Court finding that each natural or adoptive parent is unfit, unable to care for the
child(ren), or should not have custody for some other compelling reason.
Guardian Ad Litem: When legal custody or physical placement is an issue between the parties, and if
mediation fails, the Court must appoint a Guardian Ad Litem. He/she will be a Wisconsin attorney
responsible to protect the parties and advise the Court regarding the best interests of the child(ren)'s
legal rights. Should your case require a Guardian Ad Litem, the cost of the Guardian Ad Litem's fee may be
assessed against either or both of the parties. In some cases, the Court may order the county to pay the
fees, subject to a right to later collect from the parents.
Joint Petitioners: In some cases, the parties may agree to commence the action as joint petitioners. This
means that they both request the Court to grant a divorce, as well as, division of property, child custody
determination, etc.
Judge: The Judge has final say in the divorce action including deciding disputed issues: Who shall have
custody of the child(ren), or how property shall be divided. Since there are no jury trials in divorce,
The judge will decide the facts and law in your case. The Court has broad powers to construct remedies and
solutions to issues brought before the Judge.
Legal Custody: The right to make or share in making major legal decisions for another (usually the
children). These decisions include routine medical case (anyone with the right to physical placement will
have the right to seek emergency medical care), education, religion, to grant permission to marry, join the
armed services, get a driver's license and drop out of school before age of majority. If joint legal
custody is awarded, the parties are to share in the decision-making and are to consult one another in
making decisions for the child. Under certain circumstances, the court may order joint legal custody over
the objection of one party. Absent a specific court order to the contrary, parents will retain the right to
access of school and medical records of the child, even if that parent is not awarded legal custody.
Legal Separation: Legal separation procedure is almost identical to the divorce procedure. In a legal
separation action, a dissolution of the marriage does not occur. All other issues such as custody,
placement, child support, maintenance, and property division are decided after the final judgment, however,
the parties remain married.
Mediation: If the parents of a minor child disagree about legal custody or physical placement, the court
must order the parties to mediation. Mediation is where the parties meet with a trained mediator (usually
a counselor) without the attorneys. The mediator is the attempt to facilitate communication between the
parties regarding the legal custody and placement issues. The mediator will report the results to the
court. If an agreement is reached, the mediator will reduce the agreement to writing. A party is not
required to reach an agreement, but if the party fails to cooperate with mediation, the lack of cooperation
may be used against him/her in court. No statements, arguments, or positions at mediation are to be used
in any fashion in court. The court will pay for the first mediation session. After that, the parties must
pay.
Petitioner: The petitioner is the person who files a paper to commence the divorce action. "Petitioner"
comes from the fact that the principal document to commence a divorce action is entitled, "Petition". The
petitioner is petitioning -- or asking -- the Court to grant a divorce and that the issues of divorce be
decided.
Physical Placement: Minor children are presumed to be living with one or the other natural or adoptive
parent. The time a minor child lives with a parent is called a period of physical placement. All of the
minor child's life is to be divided between the parents on a rotating schedule of alternating physical
placements. Typically, however, the child(ren) live primarily with one parent. This parent is declared to
have primary physical placement of the child(ren); the other parent will have the child(ren) on a schedule
of alternating physical placements. During a period of physical placement, the parent has the obligation
to provide for the daily needs (food, shelter, clothing, supervision, etc.) during the placement.
Respondent: The respondent does not bring the action but is the person who responds or answers the
petition.