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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
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Experience:  associate attorney
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In WI, do I have the right to petition support even without

Customer Question

In WI, do I have the right to petition for financial support even without divorce? Also, how can I locate him?
Submitted: 10 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 10 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Wisconsin provides for a legal separation, which resolves all the issues related to a troubled marriage except its termination. The court issues orders dealing with everything from child custody, support and parenting time (visitation), to dividing assets and debts. Section 767.315 of the Wisconsin Statutes mandates that grounds for a separation must be alleged. The statute outlines acceptable grounds for requesting a separation. Under the statue, both parties must live apart for 12 months prior to filing and allege the marriage is irreparably broken. If only one party alleges breakdown, or the parties have not lived apart for 12 months, the court can still grant the separation, but it is at the court's discretion.

The summons and petition, or joint petition if both spouses are filing together, must be filed with the Clerk of Circuit Court in the county of residence. The petitioner can deliver the copies to respondent if the couple is not filing jointly. The spouse must have copies of all of the documents, including the summons, petition and, if necessary, a proposed parenting plan. Proof of service must be filed with the Clerk of the Circuit Court.

When the Respondent cannot be located or will not accept service, the Respondent, having exhausted all the above options, may serve process by Publication. After being given an Affidavit of Due Diligence/Not Found/Attempted Service stating that the Respondent cannot be found, the Petitioner may file the following:

> A Publication Affidavit of Mailing, FA-4123, which states that the Petitioner has also attempted to locate the missing Respondent by mail;

> A Publication Summons, FA-4122, which is a public notice of the divorce action stating that the Respondent cannot be personally served.

The Publication Summons can then be published in a newspaper in a municipality where the spouse lives or lived, once a week for three consecutive weeks. The Respondent is considered served on the first day of publication. The newspaper provides a document as proof of publication.

You could also try a private detective to find your spouse but this will be very difficult.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Customer: replied 10 months ago.
None of this helps me if I have no way to find him. All I know is that he has left WI. Thank you anyway.
Expert:  Christopher B, Esq. replied 10 months ago.

You can file by publication and then get an order of support against him and then hire a private detective to find him. Also you will at least be earning the support and when and if he is found, you will be able to ask for back support and file through the federal database to garnish his wages.

Customer: replied 10 months ago.
I am disabled and now living far below the poverty level. I have no resources to enable me to find him. I appreciate your trying to help, but at this point I'm feeling helpless.
Expert:  Christopher B, Esq. replied 10 months ago.

I'm sorry to hear that, I would like to help you in any way and there might be resources like legal aid or other pro Bono services that might be able to help you with your situation.

Customer: replied 10 months ago.
Thank you.
Expert:  Christopher B, Esq. replied 10 months ago.

No problem, i wish you luck. If you could please give me a positive rating as this will help me be reimbursed for my time from the site. This will not cost you any extra money and I would appreciate the extra step.