Filing for divorce on my own

[msshark166]

What is the name of your state? Wisconsin


I have been a legal resident of this state for 3 years now... I am getting ready to file for divorce from my "ex" husband who I haven't had any contact with in 2 years... He was sending child support for many months before my daughter turned 3... Then nothing... He made a lame attempt at fatherhood about 2 years ago in march when my daughter turned 8... He was here for 2 days and saw her for about 10 hours total.... But before then and after that haven't heard from him... I have the paperwork to fill out but am a little hesitant since it's one copy and I need to make sure it gets filled out correctly... All I want is full custody of daughter, no support whatsoever, and my last name back... And IF possible his rights to be stripped of him... We both do have children with other people. He's been spreading himself over the map while I have been with the same man for 5 years... My daughter now has 1 half sister and 1 suspected half sibling on the way... I am not knowledgeable in the law so I am scared that for some reason or another he might have a chance to come in and take her... She wants nothing to do with him and wishes he'd have paid child support but I told her that that was his decision and that she did not cause any of this to happen... Basically I just need help deciding what I need to fill out in this paperwork... Thanks
Alecia

 

[LdiJ]

What is the name of your state? Wisconsin


I have been a legal resident of this state for 3 years now... I am getting ready to file for divorce from my "ex" husband who I haven't had any contact with in 2 years... He was sending child support for many months before my daughter turned 3... Then nothing... He made a lame attempt at fatherhood about 2 years ago in march when my daughter turned 8... He was here for 2 days and saw her for about 10 hours total.... But before then and after that haven't heard from him... I have the paperwork to fill out but am a little hesitant since it's one copy and I need to make sure it gets filled out correctly... All I want is full custody of daughter, no support whatsoever, and my last name back... And IF possible his rights to be stripped of him... We both do have children with other people. He's been spreading himself over the map while I have been with the same man for 5 years... My daughter now has 1 half sister and 1 suspected half sibling on the way... I am not knowledgeable in the law so I am scared that for some reason or another he might have a chance to come in and take her... She wants nothing to do with him and wishes he'd have paid child support but I told her that that was his decision and that she did not cause any of this to happen... Basically I just need help deciding what I need to fill out in this paperwork... Thanks
Alecia

Since none of us have the paperwork in front of us it would be very difficult to advise you.

If you know where he is you are going to have to "serve" him copies of the divorce and custody petition. If you don't know where he is you are going to need to get permission from the judge to serve him via publication. Yes, its possible that your petition could draw him out and have him coming forward to get visitation orders. It doesn't sound very likely that he would follow through though, based on past history.

You do not need the judge's permission to change your last name. You can do that at any time....even prior to filing for divorce. You are not legally required to carry the last name of your spouse. However do go ahead and include that in the petition so that you don't have to handle it separately.

 

[msshark166]

Thank you

Thank you for your advice... I could tell you whats in the packet if need be... and I had no idea about the last name thing... i appreciate the help...