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What is an Annulment?

What is an Annulment - Carlos Gamino

By Carlos Gamino

If you’re considering an annulment, there are a few things you need to know first – including how to get one, what it means if your marriage was annulled, and how annulment is different from divorce.

What is an Annulment?

An annulment is a legal declaration that makes a marriage invalid. In simpler terms, an annulment makes it like you were never even married. Under Wisconsin law, a court can annul a marriage if:

  • One party lacked the capacity to consent to the marriage for any reason
  • One party doesn’t have the physical capacity to consummate the marriage (have sex)
  • One party was 16 or 17 at the time of the marriage and married without parental consent or judicial approval, or one party was under the age of 16
  • The marriage is prohibited by state law (such as when one party is already married to someone else)

According to the law, these are the only reasons a person can seek an annulment – and if they don’t fit your situation, you’re going to need to think about divorce instead.

What is an Annulment Compared to Divorce?

Annulment is different from divorce because it invalidates your whole marriage – it’s like it never even happened. Divorce, on the other hand, still acknowledges that you were married; it’s just a dissolution of your marriage contract.

Related: Can I get an annulment in Wisconsin?

How Long Do You Have to Annul a Marriage in Wisconsin?

Usually, you only have a year to annul a marriage in Wisconsin. For example, if one party lacked the capacity to consent to the marriage or lacks the physical capacity to consummate the marriage, you must annul it no later than one year after you obtain knowledge of the incapacity.

If you’re dealing with an underaged couple, you have until the underaged party reaches the age of 18 – but a parent or guardian must bring suit within a year of learning of the marriage.

If the marriage is prohibited by Wisconsin law, you have to bring suit within 10 years of the marriage – except in the case of bigamy, and then the 10-year limitation doesn’t apply.

What is an Annulment Petition in Wisconsin?

In order to get your marriage annulled in Wisconsin, you’ll have to file a Petition for Annulment, which your attorney can do for you. The form needs to be filed in the circuit court where either party lives (and you must have lived in Wisconsin for at least 30 days before you file). For many people, the best course of action is to work with a divorce attorney who’s familiar with annulment.

Do You Need to Talk to an Attorney About Annulment?

If you’re considering annulment, or if you’d like to see what other options you have, we’ll be more than happy to help you. Call us at 414-383-6700 to schedule your free consultation with a Milwaukee divorce attorney now.

Carlos Gamino

By |2021-07-17T11:57:04-05:00June 8th, 2020|Family Law|Comments Off on What is an Annulment?

Is Annulment the Same as Divorce?

What is an Annulment - Carlos Gamino

By Carlos Gamino

In the state of Wisconsin, you can end your marriage either by divorcing your spouse or by annulling it. But what are the differences between the two? For most people, it makes sense to talk to a Milwaukee divorce lawyer who can answer questions and provide legal advice.

What is an Annulment?

An annulment is a method of ending an invalid marriage. Think of it as a contract; when the contract is invalid, nobody is bound to the terms it contains.

In Wisconsin, you must have legal grounds for an annulment, and not everyone is eligible. You must show that one or both of you:

  • Were too young to have legally married
  • Were, at the time of the marriage, too mentally impaired to understand the marriage (intoxication counts)
  • Were forced, coerced or threatened to marry
  • Lied or hid something vital to the marriage
  • Cannot physically have sex
  • Were already married to someone else who was alive at the time of your marriage
  • Are first cousins or closer
  • Were recently divorced from someone else (within the past six months)

How is an Annulment Different From Divorce?

An annulment cancels the contract you entered into when you got married – it shows that you were never legally married.

In a divorce, the courts recognize that you had a valid, legal marriage contract and that you want to end your obligation to that contract.

Effects of an Annulment

If the judge grants you an annulment, he or she can still treat it like a divorce by ordering child custody, child support, alimony and the division of property. The children will still be considered legitimate, which gives them the right to be financially supported by both parents.

What if You Don’t Qualify for Annulment?

If you don’t qualify for an annulment, you can still divorce your spouse. Call us at 414-383-6700 to talk about your situation – we may be able to help you. If it’s easier, feel free to contact us online to set up an appointment with a Milwaukee divorce attorney who can explain your options.

Carlos Gamino

By |2021-07-23T18:39:26-05:00November 24th, 2019|Family Law|Comments Off on Is Annulment the Same as Divorce?

Can I Get an Annulment in Wisconsin?

 Can I Get an Annulment in Wisconsin - Milwaukee Divorce Lawyer

By Carlos Gamino

If you’re like most people, you’ve heard the term annulment before—but what does it mean, and how different is it from divorce? Is it even possible to get an annulment in Wisconsin?

For most people, legal annulment isn’t an option; instead, they talk to a Milwaukee divorce attorney who helps them work out custody, child support and property division.

What is an Annulment?

An annulment is the legal dissolution of a marriage. In that way, it’s a lot like divorce.

However, in an annulment, it’s as if the marriage never happened. Essentially, it’s a way that the state can enable you to declare that you were never legally married.

What Are the Grounds for Annulment in Wisconsin?

In order to have your marriage annulled in Wisconsin, you’ll need to show that it was an invalid marriage in the first place.

Some common grounds for annulment in Wisconsin include:

  • An underage spouse
  • Force or duress
  • Fraud
  • Bigamy
  • Incest (first cousins or closer)
  • Mental incapacity

The law forbids an annulment after one party to the marriage dies.

How to Get an Annulment in Wisconsin

If you do qualify for an annulment, you can file the appropriate petition with the court. However, because most people don’t fit the criteria for an annulment, they choose to file for divorce instead.

Divorce is the only way to legally dissolve a valid marriage, which is why it’s important to talk to a Wisconsin divorce lawyer as soon as you begin contemplating a split. Remember, talking to a lawyer doesn’t have to mean you’re committed to divorce; it’s just a way to explore your options if your marriage isn’t working.

If you’d like legal advice on annulment or divorce, we can help. Call us at 414-383-6700 or contact us online. We have been helping people in situations similar to yours for more than 15 years, and we would welcome the opportunity to help you, too.

Carlos Gamino

Meta: What is an annulment, and is it an option for you? Here’s what you need to know about annulment and divorce.

By |2021-07-27T20:32:26-05:00November 23rd, 2019|Family Law|Comments Off on Can I Get an Annulment in Wisconsin?

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