How to Start the Annulment Process in Wisconsin

Annul My Marriage How to Start the Annulment Process in Wisconsin

How to Start the Annulment Process in Wisconsin

Did you get married when you weren't ready for it? It's not uncommon for young people, people under duress, or people under the influence of alcohol or drugs to get married by mistake. In such circumstances, it's hard to make the right decision about your future and your marriage. If you are seeking an annulment in Wisconsin because of a mistake you made in marriage, you're not alone.

The process for annulment isn't hard. But it takes time and effort to gather the right paperwork and prove that your marriage isn't valid under the law of Wisconsin. If you'd like help to make the annulment process as easy as possible, DoNotPay can be there for you.

What Is an Annulment in Wisconsin?

In Wisconsin, an annulment makes a marriage legally void. This means that the court determined you were married illegally in the first place and that your marriage no longer applies to you and your spouse. You can only request an annulment under very specific circumstances under Wisconsin law.

Once you request an annulment, Wisconsin courts will decide if the marriage is void. They will issue a decision and you must abide by that decision. Even though your marriage may be void, you will still need to abide by any applicable marriage-related statutes until the marriage is officially annulled by the court.

What Are the Grounds for Marriage Annulment in Wisconsin?

Getting a marriage annulment in WI isn't exactly easy. There are some very specific conditions that you must meet to be eligible for a marriage annulment. Under Wisconsin law, these include the following.

Lack of Capacity to Consent

There are a few ways that you or your spouse may have lacked the capacity to appropriately consent to the marriage. For example, one or both of you may have:

  • Been too young to consent.
  • Been incapacitated mentally by drugs, alcohol, or some other substance.
  • Been forced into the marriage under duress.
  • Been forced into the marriage under fraud.

Lack of Capacity to Consummate

In Wisconsin, a spouse is legally allowed to annul a marriage if they find after the marriage that their spouse is physically incapable of consummating the marriage through sex. They must not know of this incapacity before the marriage, and they must bring suit within one year of discovering this incapacity.

A Spouse Was Underage

If one of the spouses was 16 or 17 years old when they married and did not obtain legal consent from a parent or the judicial system, their marriage can be annulled. It can also be annulled if one of the spouses was under 16, regardless of consent. You must bring a suit to annul such a marriage before turning 18.

The Marriage Was Illegal

If the marriage as it initially occurred was illegal under Wisconsin's state laws, it can be annulled within ten years. For example, if one spouse was married already at the time of the marriage, the second marriage would be considered illegal.

It's important to note that no marriage can be annulled after the death of one of the spouses, regardless of the legalities surrounding the first marriage.

How to Obtain a Marriage Annulment in Wisconsin

Obtaining an annulment for your marriage in Wisconsin is a bit of a challenge. There is no standard form for annulling a marriage in the state, so you'll have to get in touch with a lawyer for advice. Here are a few steps you can take to get the annulment process started:

  1. Contact a lawyer for legal advice on how to obtain an annulment in Wisconsin.
  2. Fill out, if applicable, the required form. You may be asked to provide information such as:
  • Name (current and birth) of each spouse.
  • Birthdate for each spouse.
  • Residence in the county, state, and country for each spouse.
  • Social security number for each spouse.
  • Date, country, and state of marriage.
  1. File a request with the court.
  2. Serve your papers to your spouse within 90 days.

If you have questions, you can also contact them here:

Wisconsin State Law Website

Support Page/Contact PageContact Us Portal
Phone Number(800) 322-9755
EmailEmail Portal

The court and your legal representative can help you figure out what you need to do next. Much of the time you spend will be in waiting for the court to determine whether your marriage can be annulled and providing you with guidance on what to do next if you are eligible for annulment.

What Happens After a Marriage Annulment in Wisconsin?

After an annulment, most of the same processes will apply as in a divorce case. The court will hand down judgments related to:

  • Splitting debts (usually equally) between spouses.
  • Dividing property.
  • Caring for children.
  • Providing alimony to one or the other spouse as necessary.

How to Get a Wisconsin Annulment With DoNotPay

If the process of getting an annulment in Wisconsin sounds complicated to you, you may have another option. DoNotPay can help you find more information about the Wisconsin annulment process and can send a letter to your local court for you to help you get started. Here's how you can take advantage of this great service:

  1. Search for Annulment on the DoNotPay website.

     

  2. Kick off the process to see if your marriage is eligible for an annulment.

     

  3. Answer some specific questions about your marriage and see if your state law allows for an annulment.

 

It's that simple! DoNotPay will help you kick off the process to get your annulment sorted out as soon as possible.

What Else Can DoNotPay Help With?

In addition to supporting you through an annulment, DoNotPay offers a variety of other services to help you get ahead, save time, save money, and avoid stress. Just a few things DoNotPay can help with include:

To see all the ways DoNotPay can help you save time and money and ease your stress, sign up for a free account today! 

Want your issue solved now?