In Wisconsin, divorced partners are required to wait six months before getting married again. An out-of-state marriage performed sooner than six months is not recognized in Wisconsin. In Wisconsin, a spouse who marries again outside the state within six months can potentially be sentenced to jail time and/or fines.
Can I Get Remarried After a Divorce in Wisconsin?
Understanding the laws surrounding divorce and remarriage is important to avoid legal issues in the future. In Wisconsin, individuals are permitted to remarry after obtaining a divorce; however, there are regulations outlined in this article that govern remarriage.
Wisconsin Law on Remarriage After Divorce
Following a divorce, many people want to know when they can marry again. In Wisconsin, specific legal regulations govern the waiting period before a resident may legally enter into a new marriage. Divorced parties who are residents of Wisconsin are required to wait six months from the date their final judgment is granted before getting married again. An out-of-state marriage performed sooner than six months is not recognized in Wisconsin. A resident of Wisconsin who marries again outside the state within six months of a divorce can potentially be sentenced to jail time and/or fines.
Wisconsin Statute 765.03, Wisconsin’s statute on marriage, contains the remarriage regulations. It states: “It is unlawful for any person, who is or has been a party to an action for divorce in any court in this state, or elsewhere, to marry again until six months after judgment of divorce is granted, and the marriage of any such person solemnized before the expiration of six months from the date of the granting of judgment of divorce shall be void.”
Is There a Waiting Period in Wisconsin for Marriage After a Divorce?
Six states, including Wisconsin, have waiting periods before a divorced person can remarry. Wisconsin’s waiting period is six months. The six-month period starts when the judgment of divorce is granted, which is usually at the time of the final hearing.
Both those who divorce in Wisconsin and those who divorce in another state are subject to this law. Even those who divorce outside of the country but want to remarry in Wisconsin must wait the required six months.
Is There a Penalty in Wisconsin for Remarrying Within Six Months of a Divorce?
At the time of a final divorce hearing, the court is required to inform the parties that they must wait six months from that date to remarry, and if they remarry before the six months waiting period, their marriage will be void. Parties will be asked if they understand that, and in some counties, they may be asked to sign a legal acknowledgement of that requirement. People who violate the law risk punishments including nine months in jail and $10,000 in fines.
Additional Consequences for Remarrying Within the Six-Month Period
Couples who remarry outside of Wisconsin or in Wisconsin before the six-month waiting period may face additional problems, such as:
- Tax issues: A spouse who falsely represents to the IRS and the Wisconsin Department of Revenue that they are married could face tax consequences.
- If a decedent believed that they were legally remarried when Wisconsin law states they were unmarried and divorced, some of the terms in their wills, trusts, and other legal papers may be void.
- Similarly, if a remarriage is declared invalid because the person did not wait the required six months, terms in other documents, such as financial powers of attorney or health care directives, might also be nullified.
Considerations Before Remarrying in Wisconsin
Keep the following things in mind before deciding to marry again after a divorce:
- If you have children, consider their needs after your divorce. They are coping with the emotional effects of their parents’ divorce. It can be distressing and perplexing for them to try to include your new partner in their lives when they are grieving the “loss” of their “family.” This can be especially challenging for your children if your new partner is also trying to parent them.
- Legally, your children will be your primary financial responsibility going forward. Consequently, finances in a future marriage can be challenging. Given this reality, many parents entering a second marriage choose to work out a prenuptial agreement with their new spouse.
- Balancing the needs and wants of your children, your former spouse, and your new spouse is challenging. Your former spouse will be a part of your life and your children’s lives, even after your children are adults, and all of that will take your attention and energy.
- As we all know, based on the data, the chances of maintaining a successful second marriage are not in your favor. Nearly 65% will fail. Think about it and what you must do to make it work in the long-term.
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FAQs About Remarriage After Divorce in Wisconsin
What Is the Fastest Way to Get a Divorce in Wisconsin?
Reaching a thorough agreement with your spouse before you hire a Madison divorce lawyer and file a joint divorce petition is the quickest and least expensive path to an uncontested divorce in Wisconsin.
Can You Date While Separated in Wisconsin?
While there aren’t any explicit rules against dating while going through a divorce in Wisconsin, it’s often considered wise to hold off on starting any new relationships until the legal and financial matters in your divorce action have been resolved. Dating before your divorce is final may affect the negotiation of the financial, custody, or placement issues in your divorce.
What Do I Need to Do to Remarry After Divorce?
You must wait six months before getting remarried. You will be required to provide a certified copy of your judgment of divorce to the county clerk when you apply for a license to remarry.