Legal Question in Family Law in Wisconsin
Divorce
my step daughter moved back home to wisconsin after findng out her husband had several affairs during thier marriage. She has lived her a year next month, she wants to file for a divorce how does she do it. Her ex will fight it he stalks her wanting her back but he had so many affairs and continued to do so after she left. What does she need to do. They have two children together.
1 Answer from Attorneys
Re: Divorce
Domestic abuse, child abuse, harassment and stalking are crimes. Restraining orders provide a civil remedy victims. You may consult Your county's Family Court Commissioner, District Attorney's Office or Victim/Witness Assistance Program or Local domestic violence, sexual assault or child abuse advocacy agencies in order to get more information and assistance.
A restraining order is a court order that prohibits contact and/or certain behavior directed to the person needing protection. It may be referred to as a civil order for protection, a stay-away or no hit order, an injunction or a temporary restraining order. You do NOT need an attorney. Wisconsin law allows you to seek a restraining order without a lawyer's help. Service representatives such as: victim/witness or family violence specialists and domestic violence advocates can provide support in obtaining a restraining order. They may be able to help you file papers and attend court hearings with you.
There is no cost to file and serve Domestic Abuse Restraining Orders. The cost for harassment orders may be waived if the harassing behavior involves domestic abuse or stalking behavior. You may be able to have filing and service fees waived if you are low income. When you file your petition, ask how you can qualify.
You enforce your temporary restraining order or final injunction by reporting violations to law enforcement. There are criminal penalties for respondents who knowingly violate valid orders, and Wisconsin law enforcement officers are mandated to make an arrest when they have reason to believe an order has been violated. Carry a copy of your order with you at all times.
For more information see:http://www.doj.state.wi.us/cvs/Victims_Rights/restraining_orders.asp
I recommend that she seek the assistance of an attorney to file for divorce as she will need to obtain orders for child support, custody and placement - this is complicated for someone without legal knowledge. However here is a web site to help people who do not have attorneys:
https://prosefamily.wicourts.gov/pages/index.html
https://prosefamily.wicourts.gov/pages/index.html