767.215 Initiating action; petition and response.

701 words·~3 min read·/wi/chapter-767/767-215-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Initiation of action.

(a)Either or both of the parties to the marriage may initiate the action. The party initiating the action or his or her attorney shall sign the petition. Both parties or their respective attorneys shall sign a joint petition.

(b)The clerk of court shall provide without charge, to each person filing a petition requesting child support, a document setting forth the percentage standard established by the department under s. 49.22

(9)and listing the factors that a court may consider under s. 767.511

(1m).

(c)The clerk of court shall provide, without charge, to each person filing a petition showing that the parties have a minor child, a copy of s. 767.41

(1m)or a parenting plan form if a standard form for parenting plans is used in the county.

(2)Petition content. Except as otherwise provided, in an action affecting the family, the petition shall state:

(a)The name and birthdate of the parties, the date and place of marriage, and the facts relating to the residence of both parties.

(b)The name and birthdate of each minor child of the parties and each other child born to the wife during the marriage, and whether the wife is pregnant.

(c)If the relief requested is a divorce or a legal separation in which the parties do not file a petition under s. 767.315

(2), that the marriage is irretrievably broken, or, alternatively, that both parties agree that the marriage is irretrievably broken.

(cm)If the relief requested is a legal separation and the parties have filed a petition under s. 767.315

(2), that both parties agree that the marital relationship is broken.

(d)Whether an action for divorce or legal separation by either of the parties has been at any time commenced, or is pending in any other court, in this state or elsewhere.

(dm)Whether either party was previously married and, if so, the manner in which the marriage was terminated, and, if terminated by court judgment, the name of the court that granted the judgment and the time and place the judgment was granted, if known.

(e)Whether the parties have entered into a written agreement as to support, legal custody, and physical placement of the children, maintenance of either party, or property division. If so, the written agreement shall be attached.

(f)The relief requested. If the relief requested is a legal separation, the petition shall state the specific reason for requesting that relief.

(h)That during the pendency of the action, the parties are prohibited from, and may be held in contempt of court for, harassing, intimidating, physically abusing or imposing any restraint on the personal liberty of the other party or a minor child of either party.

(i)If the action is one under s. 767.001

(a),

(b),

(c),

(d),

(h), or

(i), that during the pendency of the action, without the consent of the other party or an order of the court, the parties are prohibited from, and may be held in contempt of court for, encumbering, concealing, damaging, destroying, transferring, or otherwise disposing of property owned by either or both of the parties, 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.

(j)Unless the action is one under s. 767.001

(g)or

(h), that during the pendency of the action the parties are prohibited from, and may be held in contempt of court for, doing any of the following without the consent of the other party or an order of the court:

1. Relocating and establishing a residence with a minor child of the parties more than 100 driving miles from the residence of the other party.

2. Removing a minor child of the parties from the state for more than 90 consecutive days.

3. Concealing a minor child of the parties from the other party.

(2e)Relationship of petition to complaint. All references to a “complaint” in chs. 801 to 807 apply to petitions under this section.

(2m)Summons, content.