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Six Month Waiting Period

by | Nov 1, 2019 | Family Law

Every so often, family law attorneys are asked a question about the six-month waiting period before one can re-marry. Usually, they want to know if there is any way to obtain a waiver of the waiting period. The short and long answer is no.

Wis. Stat. 765.03 (2) 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 6 months after the judgement of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgement of divorce shall be void.”

Therefore, once you are divorced, you must wait at least six (6) months before you can re-marry. If you re-marry a single day before the six-month waiting period is up, Wisconsin will not recognize your marriage. Further, there are no statutory provisions that allow for a waiver.

Be sure you understand this provision of law as it may have vast unintended consequences many years into the future.