In Wisconsin, a divorce is not the only way to end a marriage. Another alternative is through an annulment. The major difference between an Annulment and a Divorce is that an Annulment ends an invalid marriage whereas a divorce ends a valid marriage.
In the State of Wisconsin, you may be eligible to get an annulment, but only if specific criteria are met. The specific criteria must incorporate a legal basis. Simply wanting an annulment because you made a poor decision is not justifiable under the law. For additional information related to annulment, please click here.
The legal grounds that allow someone to seek an annulment include but are not limited to the following:
- Underage – the spouse was too young to wed pursuant to Wisconsin Law.
- Pursuant to Wisconsin Statutes 767.13(1)(c), if a party was 16 or 17 years old and did not have parental or guardian consent, or judicial approval, or was under the age of 16.
- Mental Incapacity – the spouse was unable to understand comprehend they were getting married.
- This includes being under the influence of: alcohol, drugs or other incapacitating substances.
- Force or Duress – While this seems self-explanatory, people are often times surprised to find out that their situation does not rise to the requisite level for a Court to find force or duress.
- An Annulment through Force or Duress must be present on the date of the marriage itself.
- Fraud – This is where the someone believes an important fact or detail about someone and chooses to marry them based upon this fact, but it turns out to be a lie.
- Lack of physical capacity to consummate the marriage.
- Marriage is prohibited by Law
- This includes being married to someone else at the time of marriage.
- Being married too soon after your divorce.
- In the State of Wisconsin six (6) months must lapse between a divorce and getting re-married.
When seeking an annulment through any of these grounds it is important to understand the case law that has assisted Judges in making determinations on whether to allow or not allow the same. It is equally important to understand that each legal ground carries with it a specific statute of limitations. The statute of limitations is the time period that attaches to a specific event and if you miss this deadline you may be without recourse.
Here at J.G. Law LLC we are experienced in handling Annulments. We have comprehension of the case law, a full understanding of all legal grounds for obtaining an annulment and can assist you in the event you find yourself in this situation.
Please do not hesitate to pick up the phone and give us a call to schedule your free consultation today!