Wisconsin Findings of Fact, Conclusions of Law, and Judgment-Without Minor Children

Findings of Fact, Conclusions of Law, and Judgment - Without Minor Children

STATE OF WISCONSIN, CIRCUIT COURT, COUNTY

In RE: The marriage of

Petitioner/Joint Petitioner-Wife:

and

Respondent/Joint Petitioner-Husband:

Case No.

FINAL HEARING

A final hearing was conducted in this matter as follows:

1. Before Circuit Court Judge Circuit Court Commissioner

2. Location

3. Date

APPEARANCES

1. Wife

appeared in person appeared by phone did not appear AND

a. was self-represented.

b. was represented by Attorney

2. Husband

appeared in person appeared by phone did not appear AND

a. was self-represented.

b. was represented by Attorney

3. Others appearing at the hearing

a. None.

b. Other:

FINDINGS OF FACT

A. Jurisdiction

1. All necessary parties were properly served and 120 days have lapsed since the filing of 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:

a. Divorce: The court finds the marriage is irretrievably broken.

b. Legal Separation: The court finds the marital relationship is broken and acceptable reasons have been given to the court for the request.

3. All jurisdictional requirements for a judgment have been met.

B. Parties (as of the date of the final hearing)

1. The wife in this action is:

Name

Address

Address

City State Zip

Date of birth

Gross monthly income $

2. The husband in this action is:

Name

Address

Address

City State Zip

Date of birth

Gross monthly income $

C. Children

1. a. No children were born to or adopted together by the parties before or during the marriage.

b. All children born to the wife or adopted together by the parties before or during the marriage are as set forth in the petition.

2. The wife

a. is not currently pregnant.

b. is currently pregnant and

1. the husband is found to be the father. STOP! You must use FA-4160 instead of this form.

2. the husband is not found to be the father and the marital presumption has been rebutted.

A. A paternity case is not pending.

B. A paternity case is pending in county in the state of with case number

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.

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 agreed 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)

b. through monthly income withholding by the WI SCTF in the amount of $ beginning , 20 until the arrearages are paid in full.

CONCLUSIONS OF LAW AND JUDGMENT

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 to remarry until six months after judgment of divorce is granted.

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:

B. Final Orders

1. The Marital Settlement Agreement dated or Proposed Marital Settlement dated of the wife husband is approved, attached and made the judgment of the court except as changed below:

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’ orders, is attached and is made the judgment of the court.

C. Lis Pendens

Any Lis Pendens filed in this action is released.

D. Legal Name Restoration

1. Neither party is awarded the right to use a former legal surname.

2. The wife is awarded the right to use a former legal surname of .

3. The husband is awarded the right to use a former legal surname of .

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 to or to be due in the future, to the WI SCTF.

2. Pursuant to §767.57(1)(a), Wis. Stats., all payments for 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

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.

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.

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.

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.

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 PURPOSES OF APPEAL IF SIGNED BY A CIRCUIT COURT JUDGE.

BY THE COURT: