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.
Yes
No
No, must be filed within 1 year
Yes
Yes
Sometimes
No
Yes, 120 days
No
Yes, 6 months
Yes
No
Yes
Yes
Yes
Yes
Yes
Rarely
No, there must be a qualification
Yes, Wisconsin is a no-fault state
Yes, 30 days in the state
Yes, 30 days in the county, 6 months in state
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.
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.
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.
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) (2025).
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