FREE INITIAL CONSULT
Annulments in WI

When 'I do' becomes 'undo'

Ctrl-Z FOR MARRIAGE

like it never even happened.

Wisconsin annulment lawyers

Wisconsin marriage annulments

According to Wisconsin Statute 767.313, a marriage can be annulled if either party was unable to legally consent to marriage. A party may be declared unable to legally consent due to age (younger than 18 without parental consent), mental incapacity, the influence of drugs, or if a party enters into the marriage under duress or by fraud.

Marriage Annulment in Wisconsin

Annulment

Yes

Divorce

No

Annulment

No, must be filed within 1 year

Divorce

Yes

Annulment

Yes

Divorce

Sometimes

Annulment

No

Divorce

Yes, 120 days

Annulment

No

Divorce

Yes, 6 months

Annulment

Yes

Divorce

No

Annulment

Yes

Divorce

Yes

Annulment

Yes

Divorce

Yes

Annulment

Yes

Divorce

Rarely

Annulment

No, there must be a qualification

Divorce

Yes, Wisconsin is a no-fault state

Annulment

Yes, 30 days in the state

Divorce

Yes, 30 days in the county, 6 months in state

Wisconsin annulment qualifications

To get an annulment in Wisconsin, your marriage has to fit within one of these categories: 

  • Underage – a spouse was too young to consent to marriage 
  • Mental Incapacity – a spouse was impaired at the time of marriage and didn't understand what was happening (this includes marriage while intoxicated)
  • Force or duress – a spouse was forced or otherwise coerced into getting married
  • Fraud – a spouse lied about something essential to the marriage 
  • Impotence – a spouse is unable to sexually perform
  • Bigamy – a spouse already has a living husband or wife 
  • Incest – the spouses are too closely related to legally marry
  • Recently divorced – the marriage took place within 6 months of one spouse's divorce

Schedule a free consultation with Divergent Family Law to help you review the merits of your case and inform you of whether or not an annulment is a possible path for you worth taking.

 

How to file for an annulment in Wisconsin

If you meet the above qualifications for annulment, you can begin the filing process if you also meet these requirements:

  • You must have lived in Wisconsin for at least thirty days
  • You must file in the circuit court where you or your spouse live
  • Filing for an annulment can only take place within a year of the marriage date

If a marriage is being annulled because a spouse is underage, a parent or guardian may file the annulment on their behalf. A parent or guardian may also act in cases of mental incapacity.

The actual process is like a divorce, in which a Summons and Petition must be filed with the court. The court will then set hearings to determine if the marriage is eligible for an annulment.

Like a divorce, you can ask in your petition for things you’d like the judge to decide and order. At Divergent Family Law, we have the expertise to help you manage your way through this process and protect what’s yours and help you move on as quickly and effectively as possible. Since you only have a year to file, you’ll want our professional guidance.

What about child custody, child support and property division?

After filing, the circuit court will then hold a hearing to decide if the marriage is eligible for an annulment. If awarded, the judge will then move on to deciding the issues listed in your petition. Even if the marriage is annulled, children between the two parties will still be considered. Child custody, placement, and support will all be addressed by the court. 

Similarly, with respect to maintenance and property division, an annulment is treated the same as a divorce under Wisconsin law. This means that one spouse can seek support from the other and division of marital property rules apply. 

Your Wisconsin family law firm

Our awarded legal team will be with you every step of the way to ensure you retain what’s yours and get you what you are entitled to.

Divergent Family Law can help you at any step of the Wisconsin divorce process including: 

Contact Divergent Family Law to learn if annulment, legal separation, or divorce is the best course for you.

References: Annulment. Wisconsin State Legislature: 767.313 (1) (2023). |

Divorce lawyers wisconsinFamily law attorney Wisconsin Child custody lawyers wisconsinFamily lawyer Wisconsin Wisconsin annulment requirementsWisconsin family law firm Fathers rights lawyer WisconsinBest family law attorneys in Wisconsin Divorce mediation in WisconsinFamily lawyer free consultation Best Alimony lawyer WisconsinFamily law firm in Wisconsin Paternity lawyers in WisconsinFamily law divorce attorneys How to get a prenup in WisconsinHire a family law firm

BROKENHEARTED?

USE YOUR BRAIN.

WE'LL HANDLE THE DETAILS

GET STARTED NOW!
Make Secure Invoice Payments Online With LawPay for Divorce Payment Wisconsin Make a Payment

Divergent Family Law

Grieve Law Criminal Defense Lawyers

Contact Divergent Family LawDivergent Family Law phone number Divergent Family Law addressDivergent Family Law location