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Annulments

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Wisconsin annulment lawyers

Wisconsin marriage annulments

Annulment vs Divorce in Wisconsin

Like a divorce, an annulment will effectively end a marriage. Unlike a divorce, an annulment declares the marriage never to have existed in a legal capacity, and the union is then considered invalid and void, freeing you from lengthy divorce proceedings and enabling you to more quickly move towards your new life path. However, a judicial proceeding must be held before a court will grant an annulment.

Annulment vs Divorce in Wisconsin Annulment Divorce
Any debts accumulated during the marriage will be split evenly Yes No
Can be filed at any time in the marriage No, must be filed within 1 year Yes
Invalidate prenuptial and postnuptial agreements Yes Sometimes
Waiting period for separation No Yes, 120 days
Waiting period for remarriage No Yes, 6 months
Legally “erases” marriage Yes No
A judge may order stipulations on property, child custody and visitation, as well as alimony and property division Yes Yes
Children from the marriage are still considered legitimate and can inherit from and are entitled to support from both parents Yes Yes
Property and debts will be assigned to the rightful owner, as before the marriage Yes Rarely
Available with no-fault/cause No, there must be a qualification Yes, Wisconsin is a no-fault state
Residency requirements Yes, 30 days in the state 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: 

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

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

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.
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