Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

In WI, do I have the right to petition support even without…

Customer Question
In WI, do I have...
In WI, do I have the right to petition for financial support even without divorce? Also, how can I locate him?
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 minutes by:
1/16/2016
Family Lawyer: Christopher B, Esq., Lawyer replied 2 years ago
Christopher B, Esq.
Category: Family Law
Satisfied Customers: 3,021
Experience: associate attorney
Verified

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.

Ask Your Own Family Law Question
Customer reply replied 2 years 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.
Family Lawyer: Christopher B, Esq., Lawyer replied 2 years 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.

Ask Your Own Family Law Question
Customer reply replied 2 years 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.
Family Lawyer: Christopher B, Esq., Lawyer replied 2 years 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.

Ask Your Own Family Law Question
Customer reply replied 2 years ago
Thank you.
Family Lawyer: Christopher B, Esq., Lawyer replied 2 years 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.

Ask Your Own Family Law Question
Was this answer helpful?
Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3,021
3,021 Satisfied Customers
Experience: associate attorney

Christopher B, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I need to file a motion. My fiance did not legally separate
i need to file a motion. My fiance did not legally separate from his now x wife. Before they could get divorced she got pregnant by another man. We have finalized the divorce. The paternity has to be shown to the judge. To show it isn't his. I have to file a motion for this. I don't how to do this. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,777 satisfied customers
My boyfriend has been legally separated for 10 years. His
My boyfriend has been legally separated for 10 years. His son's mother is looking to file a discrimination lawsuit in their son's name (he's 17 years old) against his school that expelled him. She con… read more
Sean K
Sean K
Attorney/Member
JD
631 satisfied customers
I have a question about child custody/visitation. Texas
I have a question about child custody/visitation JA: What steps have you taken? Have you filed any papers in family court? Customer: yes JA: Family law varies by state. What state are you in? Customer… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I'm considering a legal separation from husband of 18 years
I'm considering a legal separation from husband of 18 years instead of a divorce in the State of Alabama. What is the difference? We have three children ages 17, 13, and 8, and I would like to remain … read more
Sue
Sue
Juris Doctorate
446 satisfied customers
FOR LEGAL GEMS: My wife and I have had a legal separation
FOR LEGAL GEMS: Hi, My wife and I have had a legal separation for 3 years, we have reconciled and wish to have it removed. A paralegal submitted a couple of forms but the judge didn't sign them, just … read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
I have a question about child custody/visitation in. I have
I have a question about child custody/visitation in Virginia … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,892 satisfied customers
I need legal advice about a legal separation or divorce. Is
Hello I need legal advice about a legal separation or divorce. Is am disabled. Suffered a stroke in May 2016. Our son was Murdered in August 2016. Thatsame month August I found out my husband is havin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Two years ago my wife and I filed for a Legal Separation
Two years ago my wife and I filed for a Legal Separation which was granted. We have stayed together. Recently we wished to remove the legal separation. I went to a paralegal who filed a request for di… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
113 satisfied customers
Is a major error on a legal separation a reason good enough
Is a major error on a legal separation a reason good enough to have it void by court? By major error, I mean a property bought during the marriage stated as pre-marital? Many others as well but this i… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
As respondent, answering the separate property section.
As respondent, answering the separate property section. Petitioner selected box B confirm as separate property assets and debts in and below that to be determined in the course of the proceedings. I d… read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
My husband and I filed for legal separation in west in 2013,
My husband and I filed for legal separation in west virginia in 2013, he now resides in florida, I reside in Michigan. I was served with papers on March 16, 2016 asking me to sign a Answer and Waiver … read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
113 satisfied customers
I have a question about child custody and visitation. Is the
Good evening. I have a question about child custody and visitation. Is the support order the only binding agreement between a child and custody? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,266 satisfied customers
In Texas is it possible to divorce and legally separate, but
In Texas is it possible to divorce and legally separate, but not physically separate. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,777 satisfied customers
My daughter needs to file for a legal separation in Utah.
My daughter needs to file for a legal separation in Utah. Her husband has anger issues caused by the adderall he is taking and she needs to get out of the house. But she has a newborn baby and is brea… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
FOR LAWYER J, If someone submitted for a legal separation
FOR LAWYER J,Good Morning,If someone submitted for a legal separation and now wants a divorce, can that legal separation be amended to now reflect divorce? The legal separation was never submitted for… read more
lawyerJ
lawyerJ
Juris Doctorate
164 satisfied customers
My wife and I legally separated on November 17th in
My wife and I legally separated on November 17th in California. Weeks after, her company was purchased by a lager conglomerate and the stock options she was given upon being hired years ago quadrupled… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Question about legal separation/ legal divorce in CA: CA. My
Question about legal separation/ legal divorce in CA: … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,791 satisfied customers
Divorce and custody Alaska. Wife filed for legal separation
Divorce and custody Alaska. Wife filed for legal separation and I responded changing to a divorce. Married 12 yrs with 3 kids. 6 yr old, 3 yr old and 11 months. Own a business and business is struggli… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x