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Waiting period in Wisconsin before remarriage after a divorce.


You cannot get remarried for 6 months after your divorce, not just in Wisconsin, but anywhere in the world. Should a person do so, that marriage would be null and void. The judge and/or presiding family court commissioner at every final divorce hearing is required to give out the admonishment that getting remarried within the prescribed 6 months is unlawful and routinely, asks that each party acknowledge the admonishment in open court. The applicable statute is 765.03 (2) which reads as follows;

“It is unlawful for any person, who is or has been a party to an action for divorce in any court of 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.”

I tell clients routinely when they first come in to see me of the law prohibiting remarriage. Most of them laugh and indicate that is about the last thing they want to do or think about. Those that laugh the hardest are also the ones calling me soon after their divorce and asking the question on whether they can get remarried out of Wisconsin due to the 6 month prohibition on remarriage. As the statute indicates, the law applies not just for getting remarried in Wisconsin, but anywhere in the world.

If are going through a divorce and have questions on the waiting period during the divorce or the prohibition on remarriage within 6 months after the divorce, call one of our family law attorneys at Karp & Iancu, S.C. for a confidential consultation.

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