By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 19, 2023
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Though it may seem simple, the legal proceedings surrounding marriage actually have strict rules. Each state has its own set of annulment and prohibited marriage laws that prohibit marriage in certain circumstances. A prohibited marriage is void because the marriage was never lawful. Generally, there's no need to get an annulment or divorce in these cases. Commonly prohibited marriages typically include bigamous marriages, where a person tries to marry more than one spouse, or incestuous marriages, where a person tries to marry their relative.
An annulment, on the other hand, is a way to void a marriage that would be otherwise invalid. While both an annulment and a divorce end a marriage, an annulment wipes the slate clean as if there had been no marriage to begin with. However, you usually need to get an annulment within a certain amount of time, so it is important to know the laws and act promptly if you are considering annulling your marriage.
This article provides a brief overview of annulment and prohibited marriages in the state of Wisconsin.
The chart below lists the details of Wisconsin's annulment and prohibited marriage statutes.
Grounds for Annulment |
A court may annul a marriage upon any of the following grounds: a party lacked the capacity to consent to marriage at the time of the marriage, either because of age, mental incapacity, infirmity, or because of the influence of alcohol, drugs, or other incapacitating substances, or if a party was induced to enter into a marriage by force or duress, or by fraud involving the essentials of marriage; or a party lacks the physical capacity to consummate the marriage by sexual intercourse; the party was 16 or 17 years old did not have the consent of their parent or guardian or judicial approval, or a party was under the age of 16; a judicial proceeding is required to annul a marriage (Wis. Stat. § 767.313) |
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Time Limits for Obtaining Annulment |
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Legitimacy of Children |
If the father and mother of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, the child becomes a marital child and shall enjoy all rights and privileges of a marital child as if they had been born during the lawful marriage of their parents (Wis. Stat. § 767.803) |
Prohibited Marriages |
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Same-Sex Marriages |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you are considering annulling your marriage or have questions regarding its legitimacy, you should speak to a local family law attorney. An experienced attorney can view the specific facts of your case and give you legal advice using the relevant laws of your state.
Get started by receiving a consultation from a Wisconsin family law attorney today.
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