The terms annulment, legal separation, and divorce can sometimes cause confusion to those looking to end their marriage. This guide may help bring some clarity to those in Wisconsin.
Annulment
An annulment is a court procedure that determines that a marriage never existed. According to Wis. Stat 767.13, a marriage may be annulled if one or both people are not able to consent to the terms of marriage. This could be mean they were under the influence of drugs or alcohol, were coerced under false pretenses or force, or mentally incapable of consent. Also, if they are minors and their parents did not sign off on the marriage, there is no consent and that is also grounds for annulment.
One reason for annulment that is often sighted in pop culture is the issue of consummating the marriage. In other words, one person in the relationship is physically incapable of consummating the marriage through sexual intercourse.
Legal Separation and Divorce
Both legal separation and divorce share many of the same aspects such as custody, support and the 120-day waiting period, however a legal separation provides the couple can reconcile at any point but may not marry another person, because they are still technically married, according to the Wisconsin Court System.
If one person wishes to convert the legal separation into a divorce proceeding, he or she may do so after a year without consent from the other person.
Wisconsin is a no-fault state, meaning the couple does not need to prove a reason for the divorce or separation. In the case of divorce, one person states that the marriage irretrievably broken before the court, while in in the case of a legal separation both parties must state their relationship is broken.
To help navigate what a potential dissolution of a marriage could look like, please contact Magner & Hueneke, LLP at (414)281-4529 for more information.
