767.215.Initiating action; petition and response.

Subch. III: General Procedure · Last amended 2025 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.215 governs how a family action is started — who signs, what the petition must say, what the summons must carry, and the 20 days a respondent has to answer.

Full Text of Section 767.215

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(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 (1) (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 (1) (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. (a) Except as provided in par. (b), if only one party initiates the action and the parties have minor children, the summons served on the other party: 1. Shall include notification of the availability of information under s. 767.105 (2) and of the contents of s. 948.31. 2. Shall be accompanied by a document, provided without charge by the clerk of court, 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). 3. Shall be accompanied by a copy of s. 767.41 (1m) or a standard parenting plan form used in the county, provided without charge by the clerk of court.

(b) If service is by publication, notification regarding s. 948.31 may consist of references to the statute numbers and titles, and information relating to the percentage standard and the factors and completing and filing parenting plans need not be provided.

(3) SERVICE. If only one party initiates the action, the other shall be served under ch. 801 and may serve a response or counterclaim within 20 days after the date of service, except that questions of jurisdiction may be raised at any time prior to judgment. Service shall be made upon the petitioner, and the original copy of the response shall be filed in court. If the parties together initiate the action with a joint petition, service of summons is not required.

(4) EXTENSION OF TIME FOR SERVICE. (a) Except as provided in par. (b) and s. 767.815, extension of time is governed by s. 801.15 (2).

(b) The court may, upon the petitioner’s demonstration of good cause, and without notice, order one additional 60-day extension for service of the initial papers in the action if the extension motion is made within 90 days after filing the initial papers. If the extension motion is not made within the 90-day period, the court may grant the motion only if it finds excusable neglect for failure to act and good cause shown for granting the extension.

(5) SOCIAL SECURITY NUMBERS. (a) Except as provided in par. (am), when the petition under this section is filed with the court, the party filing the petition shall submit a separate form, furnished by the court, containing all of the following: 1. The name, date of birth, and social security number of each party. 2. The name, date of birth, and social security number of each minor child of the parties and of each child who was born to the wife during the marriage and who is a minor.

(am) In an action to determine the paternity of a child, the party who filed the petition shall submit the form under par. (a) within 5 days after paternity is adjudicated.

(b) A form submitted under this subsection shall be maintained with the confidential information required under s. 767.127 or maintained separately from the case file. The form may be disclosed only to the parties and their attorneys, a county child support enforcement agency, and any other person authorized by law or court order to have access to the information on the form.

End

Official Notes

Wisconsin prints certain labelled notes with the statute — effective-date notes, cross-references, and notes of the Judicial Council. They are reproduced verbatim below. The unlabelled digest of court decisions that the Legislative Reference Bureau prints after them is annotation rather than statute, and is not reproduced.

NOTE: 2005 Wis. Act 443 contains explanatory notes.

Amendment History

Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.

History: 1971 c. 220; 1977 c. 105; 1979 c. 32 ss. 50, 92 (4); 1979 c. 196; 1979 c. 352 s. 39; Stats. 1979 s. 767.085; 1985 a. 29; 1987 a. 332 s. 64; 1987 a. 355, 403; 1989 a. 31, 56, 132; 1993 a. 78, 481; 1995 a. 27 s. 9126 (19); 1995 a. 201, 404; 1997 a. 191; 2001 a. 61; 2005 a. 443 ss. 31, 46 to 49, 71, 83, 84; Stats. 2005 s. 767.215; 2007 a. 187; 2011 a. 32; 2017 a. 203; 2025 a. 81.

Plain-English Summary

Either party may start the action, or both together. Whoever initiates signs the petition; a joint petition is signed by both.

Two documents must be handed over free of charge at filing. Anyone requesting child support gets the percentage standard and the list of factors a court may consider in departing from it. Anyone whose petition shows a minor child gets a copy of the parenting plan provision, or the county's parenting plan form.

The petition itself has a checklist: the parties' names and birthdates, the date and place of marriage, residence facts; each minor child and each other child born to the wife during the marriage, and whether she is pregnant; that the marriage is irretrievably broken where divorce or legal separation is sought; whether any divorce or separation action has ever been commenced or is pending anywhere; whether either party was previously married and how it ended; whether there is a written agreement on support, custody, placement, maintenance or property, which must be attached; and the relief requested.

Then three paragraphs that exist to give notice of the automatic prohibitions in Section 767.117: the petition must state that the parties are prohibited from harassing each other, from disposing of property, and from moving a child, and that they may be held in contempt for doing so. The prohibitions bind whether or not the petition says so — but the petition must say so.

Where one party initiates and there are minor children, the summons must notify the other party of the information available from the family court commissioner and of the criminal statute on interference with custody. Service is under ch. 801, and the respondent has 20 days after service to file a response or counterclaim — though jurisdiction may be raised at any time before judgment.

Time for service can be extended. On a showing of good cause and without notice, the court may order one additional 60-day extension, if the motion is made within 90 days after the initial papers were filed.

Social security numbers go on a separate form, kept with the confidential information or separately from the case file, and disclosed only to the parties, their attorneys, the child support agency and anyone else authorised by law or court order. In a paternity action the form is submitted within 5 days after paternity is adjudicated.

Frequently Asked Questions

How long do I have to respond to a Wisconsin divorce petition?

Twenty days after the date of service. Questions of jurisdiction may be raised at any time before judgment.

What must a Wisconsin divorce petition contain?

Names and birthdates, the date and place of marriage, residence facts, each minor child and whether the wife is pregnant, that the marriage is irretrievably broken, prior and pending actions, any prior marriage, any written agreement on support, custody, placement, maintenance or property, and the relief requested.

Can the time for service be extended?

Yes. On the petitioner's showing of good cause and without notice, the court may order one additional 60-day extension, provided the motion is made within 90 days after the initial papers were filed.

What free documents does the clerk have to give me?

If you request child support, the percentage standard and the list of factors the court may consider. If your petition shows a minor child, a copy of the parenting plan provision or the county's parenting plan form.

Where does my social security number go?

On a separate form furnished by the court, maintained with the confidential information or separately from the case file, and disclosed only to the parties, their attorneys, the child support agency and others authorised by law or court order.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.215), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

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