Annulment Process in the State of Wisconsin
When one or both parties to a marriage realize that a mistake has been made, a divorce may not always be the most appropriate or practical way of ending the marriage. A marriage which in itself is invalid can be annulled, meaning that the marriage is void and considered to have never existed. Wisconsin offers a process for those who wish to annul their marriage rather than getting a divorce. Grounds for annulment include not meeting the age requirements for marriage, mental incapacity, fraud, and force or duress, among other factors.
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Residency Requirements
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In order to start the annulment process in Wisconsin, you must be a resident of the state. According to law, you or your spouse must have lived in your Wisconsin county for at least 30 days prior to filing your request for an annulment. Wisconsin makes an exception to this rule: If you got married in Wisconsin within one year prior to requesting an annulment, you may file to have your marriage annulled in the state.
Grounds for Annulment
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According to Wisconsin law, your marriage must meet one of the grounds for annulment. For minors, getting married at 16 or 17 without the consent of your parents or a judge serves as grounds for an annulment, although the parents must take action within one year after finding out about the marriage. You may also file for an annulment in Wisconsin if your spouse is unable to consummate the marriage provided that you make your request within a one-year period. Mental incapacity provides another set of grounds for annulment; this category can include age at time of marriage, mental illness, intoxication, fraud, force or duress. An action on these grounds must be brought within a one-year period. Finally, any marriage that is prohibited by Wisconsin law can be annulled. The request based on these grounds must be filed within a 10-year period. Neither spouse can be deceased in order to file for annulment.
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Action to Affirm Marriage
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Once you have determined that you have met the residency requirements and have grounds for an annulment, you can go to court and bring an action to affirm marriage, which is Wisconsin's process for annulment. Annulments are heard in Wisconsin circuit courts. Ideally, you should seek legal assistance for this part of the process. If you cannot afford an attorney, make an appointment with your local legal aid society. A petition to affirm the marriage must be filed with the court. In addition, a summons notifying your spouse of the action will be prepared and delivered. A court date will be set to hear your action.
Final Decree
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The last part of the process of a Wisconsin annulment is the final decree, declaring your marriage null and void. This will be issued if the judge decides that you meet all the requirements for the annulment. After the decree is issued, you can proceed with your life as if you had never been married.
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