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Annulments in Wisconsin
A divorce dissolves a marriage, whereas an annulment erases it. An annulment means the marriage never legally existed, and both spouses can say they were never married to each other; however, the court can still decide child custody, visitation, child support, alimony, and property division.
Children of an annulled marriage are legitimate; they have the right to inherit from both parents and the right to be financially supported by both parents.
The Wisconsin Statutes, Chapter 767, Subchapter IV describes the state annulment law.
Here are legal grounds for annulling a marriage:
Lack of consent must be considered. For example, when a person is mentally unstable – either by mental illness or intoxication – legally a person cannot be reasonably able to make the decision to marry.
Here are some conditions attached to annulments in Wyoming:
The filing spouse is the plaintiff or petitioner; the other spouse is the defendant or respondent. The petitioner needs to have lived in Wisconsin at least 30 days to file.
The petitioner files a Petition for Annulment in the circuit court in the county where either one or the other spouse lives.
The petition includes the spouses’ names, addresses, and occupations, the names of any children and their dates of birth, the place and date of marriage, the last place of residence. It also lists the grounds for annulment, and it includes any desired relief, such as child custody, visitation, child support, alimony, and property division.
After filing the complaint, the respondent must be served a copy of the annulment papers. There are options for service even if the respondent lives out of state or cannot be found.
After service, the family court schedules a hearing to hear the plaintiff’s argument for annulment. At the hearing, he or she can bring any evidence and witnesses to prove the argument. If the judge agrees he or she grants the annulment.
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