QUESTION

Am I legally married in Wisconsin?

Asked on Apr 29th, 2015 on Divorce - Wisconsin
More details to this question:
My husband's divorce was filed in Michigan. We live in Wisconsin. We got remarried in Nevada within 6 months of the divorce date and continued to live in Wisconsin. Wisconsin has a waiting period of 6 months after a divorce before remarrying, but Michigan and Nevada do not. Are we legally married or not? The reason I ask is the following section of WI law: "It is unlawful for any person, who is or has been a party to an action for divorce in any court in this state, or elsewhere, to marry again until 6 months after judgment of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgment of divorce shall be void." ---Notice the "or elsewhere."--- And Also: 765.04  Marriage abroad to circumvent the laws.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
The prohibition on remarriage would only apply if your husband was divorced in Wisconsin which bars remarriage for 6 months after the divorce, anywhere in the world. Since your husband was divorced in Michigan, it would be best to check with a lawyer in that state to see if there is a similar statutory prohibition on remarriage and if so, what that time line may be, in order to determine if you are currently legally married or the marriage is null & void.
Answered on May 16th, 2015 at 4:58 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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