April 21, 2010 − New rules governing the family division (Part 5) of the Milwaukee County Circuit Court became effective April 15, 2010. The Hon. Richard J. Sankovitz highlights the areas of significance:
• The new family division rules have approximately 40 percent fewer words, making location of information easier for self-represented litigants.
• Checklists, such as the ones listed under Rules 5.20 (Uncontested Divorce Proceeding) 5.22 (Contested Divorce Proceeding), and 5.25 (Documents to be Filed at the Commencement of Trial), detail the documents that are required to be filed prior to certain hearings on the matter.
• All divisions, including the family division, are subject to Rule 1.9, which requires parties to use the Wisconsin Supreme Court and Milwaukee County Circuit Court forms when specified. However, in the event that practitioners have created their own forms, the rule allows a “substantial equivalent” to be used.
• Rule 5.16 changes the rules relating to “Suspension of Proceedings to Effect Reconciliation.” If the court approves a suspension period, such period will not exceed 90 days. After 120 days from the date on which the suspension period is approved − 30 days after the suspension period ends − the court may dismiss the action if neither party has requested any further relief from the court. Prior rules did include a dismissal provision.
• Of considerable importance is Supreme Court Form FA-4139 (Financial Disclosure), which is required to be filed by all parties under various family division rules.
