Question:
My state requires a 6-month waiting period before getting married following a judgment of divorce. My lengthy divorce was just finalized, and I am ready to marry my long-time girlfriend.
Are there any consequences if we get married out of state to circumvent the law and then return to living in the state?
Answer:
Since I am only licensed to practice law in Wisconsin, I can only provide you with general divorce help for men to your divorce question.
The answer is: do not do it.
Under Wisconsin statute section 765.03(2), it is unlawful for any person divorced in this state, or anywhere in the world, to marry again until 6 months after judgment of divorce is granted.
Any marriage solemnized before the expiration of 6 months from the date of the divorce judgment is void. If an individual recently divorced in Wisconsin travels abroad to circumvent the 6 month restriction, the marriage is also void in Wisconsin. Any person who leaves Wisconsin to get married within the 6-month period may be fined up to $10,000 and/or face up to 9 months of imprisonment.
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Based on Wisconsin’s statutory language, the worst case scenario is a fine of $10,000 and 9 months in jail. Whether this scenario is a likely outcome is not for me to say or speculate. There are other consequences. You may run into several headaches associated with healthcare, taxes, probate, and other areas where marital status plays a major role.
The best course of action is to just wait out the six months. You may have several valid reasons to initiate a new marriage before the end of the waiting period but the resulting complications are serious.
Please keep in mind that I am unable to provide you with specific advice on divorce. If you would like more advice on divorce concerning family law, contact a mens divorce attorney near you.
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Daniel Exner, a Staff Attorney in the Milwaukee, Wisconsin, office, please contact Cordell & Cordell.
