Six-Month Mandatory Waiting Period for Remarriage Remains in WI

 Posted on September 26, 2024 in Divorce

Divorce is rarely easy, and those who find love after divorce may want to make the relationship legal by remarrying. Unfortunately, this may not be so easy in the state of Wisconsin. Several years ago, legislation was introduced that would have ended Wisconsin’s six-month mandatory waiting period for a recently divorced individual to remarry. Wisconsin is one of only six states that still have a mandatory waiting period for remarriage after the finalization of a divorce, as detailed in Wisconsin Statute 765.03 (2).

Texas and Kansas each have a 30-day waiting period, Alabama requires 60 days, and Wisconsin, Nebraska, and Oklahoma each require a minimum waiting period of six months. The law was originally enacted in 1911 with the goal of allowing time for either spouse to change his or her mind. Even if the divorced couple decides to remarry one another, the six-month waiting period still applies. If you have more questions regarding the six-month waiting period, it can be helpful to speak to a knowledgeable Brookfield, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP.  

Are There Exceptions to the Remarriage Waiting Period in Wisconsin?

Few exceptions to the six-month remarriage waiting period exist. One of these is when one spouse is pregnant at the time of the divorce. This is meant to allow the pregnant spouse to marry the father of the baby in an effort to protect the rights of the unborn child. If both spouses consent to the remarriage of one or both before the end of the six months is up, the court can issue a waiver in response to a petition by both parties.

However, even when both parties request a waiver, it is not guaranteed and will be at the judge's discretion. The six-month waiting period is clearly designed with reconciliation in mind. The laws are fairly inflexible and strictly enforced, ostensibly so that any decisions regarding marriage will be made only after due consideration.

What Happens if a Person Ignores the Six-Month Mandatory Waiting Period?

There are legal implications for those who ignore the mandatory waiting period and remarry before the six months have passed. Specifically, any marriage entered into prior to the six-month waiting period will be considered void and treated as though it never happened. The person who remarries before the six-month period is over could be charged with bigamy, which is a criminal offense.

In Wisconsin, bigamy is a felony and can have extremely serious repercussions. So, while an individual may feel as though the six-month waiting period for remarriage is more of a suggestion, it is the law, and breaking this particular law can be extremely serious.

What Else Should I Know About Wisconsin’s Six-Month Waiting Period for Remarriage?

A person may not apply for a marriage license before the six months are over, even if he or she does not intend to use the license immediately. Since Wisconsin does not recognize common-law marriage, the six-month waiting period does not apply after the separation of a couple who considers themselves to be in a common-law marriage. Couples who were legally married in another state and are divorced in Wisconsin are bound by the waiting period. The bottom line is that while it is not uncommon for a spouse to meet someone and fall in love during the divorce – thanks to the months or years a divorce can drag out – this is not a consideration in Wisconsin.

Contact a Milwaukee County, WI Divorce Lawyer

Divorce is often complicated, and laws like the six-month waiting period for remarriage can make it more so. Since there is little you can do about the waiting period unless your ex and the judge agree to a waiver, your options are limited. Having a highly skilled Milwaukee, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP can help you get through your divorce and the period afterward in the best way possible. We are available seven days a week, 24 hours a day, and have extensive experience helping Wisconsin residents deal with divorce. Call 262-232-6699 today to schedule a free consultation.