Outlined in Wisconsin statute 767.313, a marriage can be annulled in several circumstances, such as inability to consent, being underage, and one party already being married to someone else. Getting an annulment in Wisconsin is different from a divorce because it is based on the claim that the marriage was never legally valid.
An annulment is a legal declaration that the marriage between the parties is null and void. After a judgment of annulment is entered, the parties are considered to have never been married.
Annulments are only granted under certain circumstances when the grounds for an annulment have been met. Those grounds are detailed below. Annulments in Wisconsin are obtained by filing a petition for annulment. The petition must set forth facts which state the basis for annulment.
An annulment is different from a divorce because an annulment results in the marriage being completely nullified, as if it never happened. A judgment of divorce, on the other hand, presumes the marriage was lawful and then looks to end it.
An annulment is different from a legal separation because an annulment results in the marriage being nullified. Alternatively, a legal separation presumes the marriage is valid and that the parties will remain legally married but separated.
In a legal context, the term gounds can be understood as the reason for something. So in order for an annulment case to be started, there must be a reason that qualifies the marriage to be annulled. The grounds for a divorce is much simpler than the grounds for an annulment.
Under Wisconsin law, parties to a divorce action are prohibited from remarrying for a period of six months after judgment is entered. If a party to a marriage attempts to remarry within six months of being divorced, an annulment of the subsequent marriage is possible.
It is important to note that if someone were divorced in another state, the remarriage period varies depending on the law of the state that issued the divorce.
Outlined in Wis. Stat. 767.313(1)(c), parties to a marriage must be at least 18 years of age. If a party to a marriage is either 16 or 17, they may only enter into the marriage with the consent of their parent/legal guardian or judicial approval. In this situation, the underage party or a parent/legal guardian may pursue an annulment within one year of obtaining knowledge of the marriage and prior to the minor obtaining the age of 18.
An annulment may be obtained if either party to the marriage is determined to lack the capacity to consent to the marriage because of mental incapacity, infirmity, or due to the influence of alcohol, drugs, or other incapacitating substances. Evidence of incapacity must relate to the time the marriage was solemnized, which generally means the wedding ceremony or rituals.
Pursuant to Wis. Stat. 767.313(1)(b), an annulment may be issued when a party to the marriage lacks the physical ability to consummate the marriage by sexual intercourse. However, the other party must not have been aware of the impotence at the time the marriage was solemnized. Finally, an annulment based on grounds of impotence must be pursued within 1 year of the party’s discovery of the incapacity.
In Wisconsin it is unlawful to enter a marriage with another person while still legally married to someone else. Pursuant to Wis. Stat. 767.313(1)(d), an annulment may be issued provided that either party to the subsequent marriage brings a suit. In the case of bigamy, the annulment action can be initiated at any time.
An annulment begins with the filing of a petition that outlines the information and facts of the case to prove that the courts are able to rule on the case. In addition, the petition or supporting affidavit must set forth the grounds for annulment and provide enough information to support the request for annulment. The petition and supporting affidavits must be signed under oath, affirming that the claims meet the statutory requirements for annulment.
The annulment process is similar to the divorce process in Wisconsin. Once the petition has been filed with the court, it must be personally served upon the other party. That party then has 20 days to file a written response stating their position. If the responding party does not respond, the petitioning party can request a default judgment. If the responding party contests the annulment, their written response should set forth their counterclaim and legal arguments. After that, the matter is set for a hearing.
At the initial hearing, the court will review evidence including witness testimony and documents. During the proceedings, the petitioner has the burden of presenting clear and convincing evidence that the grounds for annulment have been met. If after all evidence has been reviewed, the court finds that the grounds have been satisfactorily met it may enter judgment accordingly.
The effect of an annulment on property division may be significant. Because an annulment results in the marriage being null and void, Wisconsin’s community property standards are no longer applicable. Instead, property division issues are addressed on an individual item-by-item basis. This means that ownership and possession of items in dispute may be determined by which party earned or purchased the property.
Child custody is not generally affected by an annulment and there is still a presumption that the parties shall be responsible for their children. Custody, support and financial matters are generally handled consistent with chapter 767 procedures similar to divorce or paternity matters.
It is important to understand the distinction between a legal and religious annulment. A religious annulment is generally issued by a religious entity (i.e. church, mosques, synagogues, etc) and has the purpose of declaring that a religious ceremony or bond never existed between the parties to a marriage.
A religious annulment is governed by religious law and procedure and has no legal effect. This means that a marriage that has only been annulled by a religious proceeding may still be a legal marriage. Accordingly, there may still be legal obligations and requirements imposed upon the parties to the marriage consistent with applicable law. On the other hand, a legal annulment is issued by a court and results in the complete nullification of the marriage
