Wisconsin Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

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US-01797BG
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Description

Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Spouses who divorce in Wisconsin must wait six months before they can remarry. Wisconsin will not recognize an out-of-state marriage performed earlier than six months. A spouse who remarries out of state within six months can face prison time and substantial fines when they return to Wisconsin.

A legal separation is when a married couple decides to live separately but remains legally married. A divorce, however, is the legal dissolution of marriage ? meaning the court terminates the marriage's legal bond, determines child custody and support, and divides assets and liabilities.

The mandatory waiting period is 120 days, and it's sometimes referred to as the ?cooling off period.? This time ensures that each person will make rational decisions during this emotional, life-changing event.

767.35 Judgment of divorce or legal separation. (1) When granted. A court shall grant a judgment of divorce or legal separation if all of the following conditions are met: (a) The requirements of this chapter as to residence and attendance at an educational program under s.

Wisconsin is a "no fault" divorce state, which means neither spouse must prove that the other has done anything wrong, and only one spouse must testify under oath that he or she believes that the marriage is irretrievably broken.

Grounds for Legal Separation In the case of legal separation, ing to Wisconsin Statute 767.315, one or both spouses need only identify that their marriage has ?broken?, meaning there is still a possibility of reconciliation.

An action for divorce or legal separation may not be brought to final hearing or trial until the first of the following occurs: (1) Generally. The expiration of 120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of the joint petition.

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Wisconsin Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce