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Divorce Papers With Empty Spaces?

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  • 03-25-2008, 07:04 PM
    525601minutes
    Divorce Papers With Empty Spaces?
    My friend in Wisconsin was served with divorce papers this morning. On form FA-4105 her husband left the spaces blank where he was supposed to fill in the name and address of the court clerk so she would know where to file a response. On the FA-4109 he left blank the question where it asks if she is or may be pregnant.

    here is a link to the forms http://www.wicourts.gov/circuit/ccfo...e=&Category=12

    Because he did not fill out the forms correctly - was she properly served? If not, what should she do? She intends to dispute the divorce because her husband was just diagnosed with PTSD after returning from the war and they have been married less than 2 years. She wants the judge to order marriage counseling. Does she have a shot??
  • 03-25-2008, 08:37 PM
    BOR
    Re: Divorce Papers With Empty Spaces?
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    Because he did not fill out the forms correctly - was she properly served? If not, what should she do? She intends to dispute the divorce because her husband was just diagnosed with PTSD after returning from the war and they have been married less than 2 years. She wants the judge to order marriage counseling. Does she have a shot??


    Clerical errors are not grounds to claim improper service. The court that issued the papers is where she files her response.

    She needs to hire a divorce attorney to assist her, as attempting to handle it herself is very tricky. Here is some WI law to look through and can be located in the online statutes:



    767.315 Grounds for divorce and legal separation.

    767.315(1)
    (1) Irretrievable breakdown.

    767.315(1)(a)
    (a) If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or if the parties have voluntarily lived apart continuously for 12 months or more immediately prior to commencement of the action and one party has so stated, the court, after hearing, shall make a finding that the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1.


    767.315(1)(b)
    (b) If the parties to a legal separation or divorce action have not voluntarily lived apart for at least 12 months immediately prior to commencement of the action and if only one party has stated under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation, and proceed as follows:


    767.315(1)(b)1.
    1. If the court finds no reasonable prospect of reconciliation, it shall make a finding that the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1.


    767.315(1)(b)2.
    2. If the court finds that there is a reasonable prospect of reconciliation, it shall continue the matter for further hearing not fewer than 30 nor more than 60 days later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling. The court, at the request of either party or on its own motion, may order counseling. At the adjourned hearing, if either party states under oath or affirmation that the marriage is irretrievably broken, the court shall make a finding whether the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1.


    767.315(2)
    (2) Breakdown of marital relationship. If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marital relationship is broken, the court, after hearing, shall make a finding that the marital relationship is broken for purposes of s. 767.35 (1) (b) 2.


    Hope that helps some.


    BOR (Bill of Rights)
  • 03-26-2008, 07:45 PM
    525601minutes
    Re: Divorce Papers With Empty Spaces?
    Thanx again go to guy :D
  • 03-27-2008, 04:48 AM
    BOR
    Re: Divorce Papers With Empty Spaces?
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    Thanx again go to guy :D



    Wait until you get my bill?? :) ;)


    post script:


    you are welcome. :)
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