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Waiver of 6 month waiting period for remarriage in Wisconsin

Periodically,  I am asked, if there is a way to waive the statutory 6 month waiting period in Wisconsin before one can get remarried. The law basically states that if you are divorced in Wisconsin, you cannot remarry anywhere in the world for a period of 6 months, and if you should do so, the marriage would be null and void.  This means, not just getting remarried in Wisconsin, it means anywhere.  It also doesn’t mean “almost 6 months.” The 6 months is strictly adhered to. What does “null and void” mean?” It means if you remarry in the 6 months you are not legally married and there is nothing you can legally do to correct the defect, other than getting legally remarried again, after waiting for the 6 months to pass.

s. 765.02 (2) reads as follows;

“It is unlawful for any person, who is or has been a party to an action for divorce in any court in this state, or elsewhere, to marry again until 6 months after judgment of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgment of divorce shall be void.”

There is no statutory provision to for the court to order the waiver of the 6 month waiting period. Everyone divorced in Wisconsin must wait 6 months.

There may be relief on the way, however. In November 2017, the state assembly passed a bill that would eliminate the current 6 month waiting period. The state senate would now have to pass the bill and then signed by the governor to become the law in the state of Wisconsin. Currently, the state is not acting on deciding the issues. Updates will be provided on this important family law topic as developments in the state legislature become known.

If y0u have questions on the 6 month waiting period in Wisconsin before remarriage, contact the experienced family lawyers at Karp & Iancu, S.C. today for a free consultation in person or over the phone.


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