How Long After Divorce Can You Remarry in Wisconsin?
Divorce is a challenging experience, and it can take time to heal from the emotional and financial impact. One of the questions that often comes up after a divorce is when it’s acceptable to start dating again and potentially remarry.
In Wisconsin, there are specific laws in place that determine how long you must wait before remarrying after a divorce. In this article, we will explore these laws and provide helpful information for those navigating the process of getting married again after a divorce in Wisconsin.
Article Summary:
- Waiting Periods
- Exceptions to Waiting Periods
- Legal Implications of Remarrying Before Six Months
- Comparing Wisconsin to Other States
- Legislative Attempts to Change the Waiting Period
- How to Navigate the Waiting Period Successfully
- Trusted Milwaukee Divorce Attorney
- FAQs About Remarriage After Divorce in Wisconsin
1. Waiting Periods
In Wisconsin, there are two waiting periods that individuals must adhere to before remarrying after a divorce. The first is a mandatory six-month waiting period after the finalization of the divorce. This waiting period gives both parties time to adjust to their new lives and potentially reconcile if they choose to do so.
The second waiting period is for those who are seeking an annulment rather than a divorce. An annulment is a legal process that declares a marriage invalid, as if it never happened. In Wisconsin, there is a six-month waiting period after the annulment before either party can remarry.
2. Exceptions to the Waiting Periods
There are a few exceptions to the waiting periods in Wisconsin. If one party is pregnant at the time of divorce or annulment, there is no waiting period for that individual to remarry. This exception is designed to protect the rights and well-being of any unborn children.
In addition, if both parties consent to the marriage before the six-month waiting period ends, they can petition the court for a waiver of the waiting period. However, this waiver is not guaranteed and is at the discretion of the judge.
It’s clear that while the 120-day waiting period for divorce proceedings in Wisconsin is designed with reconciliation in mind, the law provides very limited flexibility in its application. The six-month remarriage waiting period, on the other hand, is strictly enforced without exceptions, underscoring the state’s commitment to ensuring that the decisions surrounding the dissolution of marriage are made with due consideration.
3. Legal Implications of Remarrying Before Six Months
The waiting period is designed to ensure that the dissolution of the previous marriage is complete and to prevent hasty decisions that might lead to legal complications. Should an individual choose to remarry before this period has elapsed, they could face significant legal repercussions. Specifically, any marriage entered into before the completion of this waiting period is considered void. This means that, from a legal standpoint, the marriage is treated as if it never occurred, which can have far-reaching implications for property rights, inheritance claims, and more.
Additionally, engaging in another marriage within this timeframe could potentially raise questions of bigamy (the act of entering into a marriage with one person still legally married to another), a criminal offense in many jurisdictions. It’s essential for individuals to understand these legal bounds fully and adhere to the waiting period to ensure their new marriage is valid and free from legal challenges.
4. Comparing Wisconsin to Other States
Some states have shorter waiting periods for remarriage after divorce, while others have longer or no waiting periods at all. For example, in some states, there is a mandatory 90-day waiting period before remarrying, while others may require up to two years. It’s essential to familiarize oneself with the laws in their state before pursuing a new marriage after divorce.
5. Legislative Attempts to Change the Waiting Period
In recent years, there have been attempts by legislators to change the waiting period in Wisconsin. Some have argued that six months is too long, while others believe it should be longer to allow for proper healing and reflection after a divorce. As of now, the waiting period remains at six months.
6. How to Navigate the Waiting Period Successfully
While the waiting period may seem daunting, there are ways to navigate it successfully. This time can be used for self-reflection, therapy, and obtaining legal advice to ensure a smoother transition into a new marriage.
It’s essential to take the time to heal and learn from past relationships before jumping into a new one. However, if you are going to start a new relationship we suggest reading our guide “Dating During Divorce: What You Need to Know.”
7. Trusted Milwaukee Divorce Attorney
In conclusion, in Wisconsin, there is a mandatory six-month waiting period for those seeking to remarry after a divorce or annulment. While this may seem like a long time, it’s essential to take the time to heal and reflect before entering into a new marriage. For legal guidance and support during this process, it’s crucial to consult with a trusted Milwaukee divorce attorney.
The team at Ohiku Law is dedicated to helping clients navigate divorce and all related legal matters, including remarriage. Contact us today for a free consultation with a skilled Milwaukee divorce attorney to discuss your situation and learn about your options.
8. FAQs About Remarriage After Divorce in Wisconsin
Q: Can I apply for a marriage license before the six-month waiting period is up?
Q: Can I apply for a marriage license before the six-month waiting period is up?A: No, you must wait for the full six months before applying for a marriage license in Wisconsin.
Q: Are there any exceptions to the waiting period if I have children with my ex-spouse?
A: No, the waiting periods apply to all individuals seeking remarriage after divorce or annulment in Wisconsin.
Q: Can I waive the waiting period if I am remarrying my ex-spouse?
A: No, the waiting periods still apply even if you are remarrying your ex-spouse.
Q: Can I remarry in Wisconsin if my divorce was finalized in another state?
A: Yes, as long as you follow the waiting periods and meet all other legal requirements for marriage in Wisconsin.
Q: Is there a waiting period for common-law marriages?
A: No, Wisconsin does not recognize common-law marriages, so there is no waiting period for remarriage after any type of separation. However, if you were legally married in another state, the waiting period would still apply.
Q: What happens if I get remarried before the six-month waiting period is over?
A: It could lead to legal consequences and invalidate the marriage. It’s essential to wait for the full six months before remarrying to avoid any issues. Overall, it’s important to understand and follow the waiting periods in Wisconsin to ensure a successful remarriage after divorce or annulment.
By Attorney Odalo Ohiku, Owner of Ohiku Law Office
Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.
