Understanding Marriage Annulment in Wisconsin

Under Wisconsin Statute § 767.313, an annulment is a legal procedure for declaring that a marriage never legally existed. Annulment ends an invalid marriage. This is different from divorce, which terminates an otherwise valid marriage.

Annulment typically occurs because the marriage has legal defects or impediments; therefore, in the eyes of the law, it never existed to begin with (void ab initio). In the Wisconsin statutes, the term “annulment” covers both void and voidable marriages. The annulment procedure culminates in the issuance of a decree of annulment, declaring the marriage invalid and restoring the individuals to their single status. Once the judge has granted the annulment, there is no waiting period before the individuals may remarry. However, any children arising from the marriage are still considered legitimate.

Grounds for Annulment in Wisconsin

An annulment in Wisconsin declares a marriage invalid. An annulment typically requires the requesting party to provide legal grounds, backed by evidence, for the dissolution of the union.

Marriages in Wisconsin may be annulled based on several grounds, as specified in section 767.313. The following are the legal grounds for an annulment in Wisconsin:

• As specified in Wisconsin Statute section 767.313(2), when a party did not consent or could not consent, either due to mental incapacity, medical challenges, or due to the effects of drugs or alcohol.
• When a party was induced or manipulated to enter the marriage by fraud or misrepresentation
• A party could not consummate the marriage and concealed this from the other party.
• When one party conceals essential information, such as a sexually transmitted disease or criminal history
• A party was 17 years or below at the time of marriage and lacked the required parental consent.
• Marriage is otherwise prohibited under state laws (for instance, one party was already married or divorced within the last six months before the marriage).

In Wisconsin, the legal marriage age is 18 years. Under Wisconsin Statute section 765.02(2), 16 or 17-year-olds must have the consent of a parent or guardian. Anyone below 16 years old who wishes to get married must have the permission of a parent or guardian and the court.

Eligibility Requirements for an Annulment in Wisconsin

To get a marriage annulled or obtain an annulment in Wisconsin, one or both spouses must have lived in Wisconsin for at least 30 days before filing for annulment. The petition must include vital details about both parties, including their names, addresses, occupations, dates and locations of marriage, and dates of birth.

In most cases, individuals must begin the annulment process within one year of the marriage. Certain circumstances may necessitate an extension of the time. Marriages prohibited by the laws of Wisconsin, such as bigamy or incest, have a time limit of ten years. Failing to file within the appropriate timeframe may result in the dissolution being rejected.

Moreover, the legal marriage age in Wisconsin is 18 years. A parent or guardian may file for annulment on behalf of an underage spouse, but they must file for annulment before the spouse turns 18. Force or duress may be used as grounds to annul a marriage if it was present on the date of the marriage. For a marriage to be annulled based on mental incapacity or fraud, the putative spouse must file within one year of discovery.

How to Get a Marriage Annulled in Wisconsin

The first step in the process of seeking annulment is to verify eligibility. To obtain an annulment, at least one of the parties must have lived in Wisconsin for a minimum of 30 days before filing the petition.

The following are the steps involved in getting a marriage annulled in Wisconsin:

• The individual must file a petition for annulment in the county where either or both spouses reside. The petition must include information about the petitioner, their spouse, and any necessary details about their children. They must also state the grounds for which they seek annulment.
• After filing, the petitioner must serve the papers on the respondent. This could be done either through the county sheriff's department, a private process server, or their lawyer.
• A hearing is scheduled to determine that the criteria for annulment have been met. Both parties may present evidence and witnesses to support their claims that the marriage was invalid.
• In the event of any disagreements, additional hearings may be held.
• Having ascertained that the criteria for annulment have been met, the judge will issue an order addressing issues such as custody of children, division of property, and any other resolutions that need to be made.
• In the event that the criteria for annulment are not met, the court may either dismiss the petition or allow it to be converted to a petition for divorce.
• The process is finalized when the court issues a decree of annulment. This officially renders the marriage null and void.

Typically, in annulment cases, spousal support is not awarded because the marriage is deemed never to have existed. However, there could be a few exceptions.

Although there is no general time limit for many grounds of a knowledge and action that is based on lack of consent or impotence, it must generally be filed within a year of discovery.

Required Forms and Documentation for a Wisconsin Annulment

The process of obtaining an annulment in Wisconsin involves submitting a petition for annulment at the appropriate Circuit Court. Petitioners must cite the grounds for annulment and include evidence and supporting documents in their petitions. This must be filed with the Clerk of the court, accompanied by the requisite fees.

The paperwork submitted during annulment must include the contact information of the petitioner and the respondent, as well as specific details about the marriage, including the date of marriage, the grounds for annulment, and whether there were any children during the marriage. Individuals intending to file for annulment may obtain the forms from the Wisconsin Court System. Some of the forms and documentation required to obtain an annulment in Wisconsin include:

Petition for Annulment (FA-4111V): This form is filled to initiate an annulment in Wisconsin. It outlines the legal grounds for annulment and details about the marriage.

Civil Cover Sheet: An administrative form for civil cases

Summons: The petitioner uses this to formally notify the respondent of the lawsuit.

Acknowledgement and Acceptance of Service: The respondent uses this form to acknowledge receipt of the summons.

Confidential Financial Affidavit: Used in the event that the annulment involves child support or property division.

Petition for Waiver of Fees and Costs (CV-410A): The form CV-410A is used to petition the court for a fee waiver for filing and service fees.

Where to File for an Annulment in Wisconsin

As required by Wisconsin Statute 801.50(1), the petition for annulment must be filed in the appropriate Circuit Court. This is the Circuit Court where the parties reside. This way, they may avoid unusual delays or dismissal.

Annulment Timelines and Waiting Periods in Wisconsin

The validity of a marriage in Wisconsin may be contested by the putative spouse, the state, or a third party with a legitimate interest. In general, grounds for annulment should be brought forward within one year of marriage or one year of knowledge.

Unlike divorce, which has a mandatory waiting period of 120 days, in Wisconsin, there is no mandatory waiting period for annulment. Also, instead of the 6-month state residency requirement for divorce, in the case of annulment, petitioners must live in the county for at least 30 days or the marriage occurred in the jurisdiction in the past year.

Typically, an annulment may be finalized more quickly than a divorce. The timeframe for an annulment typically ranges from 4 to 6 months. However, it may take up to a year or more when there are disagreements.

Costs and Court Fees for an Annulment in Wisconsin

The petition for annulment must be filed with the court clerk together with a filing fee of between $184 and $200. The filing fee may be waived if the petitioner may demonstrate indigency and submit a petition for a waiver.

To serve a notice, the Sheriff service typically charges $40 per attempt; alternatively, the petitioner may need to serve by publication in a newspaper. There are miscellaneous court charges, such as copy fees at $1.25 per page, and $0.5 per document for certified copies. Should the individual choose to hire an attorney, the average hourly rate is about $278 per hour. Retainers cost about $3,000. However, petitioners are allowed to self-represent.

There are resources for self-representing petitioners through the Wisconsin Courts portal. Also, the State Bar of Wisconsin provides free and reduced-fee legal help, which may be useful to petitioners.

After the Annulment: What Happens Next?

Once the judge has granted the annulment, the union is officially nullified. In the eyes of the law, both parties are considered never to have been married. They are free to marry other people, and there is no waiting period for remarriage.

In annulment cases, Wisconsin courts do not follow the community principles that apply in divorce cases under Wisconsin Statute Section 767.61. Property and financial issues are treated as personal and handled on an individual basis. Any assets acquired during the union belong to the original purchaser or owner.

Under Wisconsin law, children born during the marriage are legitimate. In line with Wisconsin Statutes Section 767.41, child custody is determined by the court as deemed in the best interest of the child or children. The court may grant sole custody, joint custody to either parent based on factors such as each parent's ability to provide care and support, parenting skills, and any records of abuse or neglect. The court may also grant custody to a third party.