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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11699
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Scotty, this question is in regard to my previous question

Customer Question

Hi Scotty, this question is in regard to my previous question about having a valid marriage. I have been doing some research into Wisconsin marriage law and found this;
765.04  Marriage abroad to circumvent the laws.
(1) If any person residing and intending to continue to reside in this state who is disabled or prohibited from contracting marriage under the laws of this state goes into another state or country and there contracts a marriage prohibited or declared void under the laws of this state, such marriage shall be void for all purposes in this state with the same effect as though it had been entered into in this state.
(2) Proof that a person contracting a marriage in another jurisdiction was (a) domiciled in this state within 12 months prior to the marriage, and resumed residence in this state within 18 months after the date of departure therefrom, or (b) at all times after departure from this state, and until returning maintained a place of residence within this state, shall be prima facie evidence that at the time such marriage was contracted the person resided and intended to continue to reside in this state.
(3) No marriage shall be contracted in this state by a party residing and intending to continue to reside in another state or jurisdiction, if such marriage would be void if contracted in such other state or jurisdiction and every marriage celebrated in this state in violation of this provision shall be null and void.
History: 1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.04.
Would this law apply to our situation since we lived and currently live in Wisconsin and eloped in Cook County Illinois. Although we were not consciously trying to circumvent wisconsin laws to get married - we did get married in such a way as to avoid the 30 day waiting period in wisconsin and we lied on the marriage certificate and did not wait the one day waiting period to marry in Illinois.
Also
765.21  Unlawful marriages void; validation. All marriages hereafter contracted in violation of ss. 765.02, 765.03, 765.04 and 765.16 shall be void, except as provided in ss. 765.22 and 765.23. The parties to any such marriage may validate the marriage by complying with the requirements of ss. 765.02 to 765.24 as follows:
(1) At any time, if the marriage is declared void under s. 765.02 or 765.16.
(2) No earlier than 6 months after the divorce judgment is granted, if the marriage is declared void under s. 765.03 (2).
History: 1979 c. 32 s. 48; Stats. 1979 s. 765.21; 1985 a. 103, 135.
Would our marriage be void because if we circumvented wisconsin marriage law by getting married in Illinois but getting married in a illegal way in illinios even though it was not a void marriage in illinois but may have been voidable. In other words does the language of Wisconsin statute 765.04 apply to our situation in any way, shape, or form?
Also what does this statute mean;
765.23  Immaterial irregularities otherwise. No marriage hereafter contracted shall be void either by reason of the marriage license having been issued by a county clerk not having jurisdiction to issue the same; or by reason of any informality or irregularity of form in the application for the marriage license or in the marriage license itself, or the incompetency of the witnesses to such marriage; or because the marriage may have been solemnized in a county other than the county prescribed in s. 765.12, or more than 30 days after the date of the marriage license, if the marriage is in other respects lawful and is consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. Where a marriage has been celebrated in one of the forms provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter assumed the habit and repute of husband and wife, and having continued the same uninterruptedly thereafter for the period of one year, or until the death of either of them, it shall be deemed that a marriage license has been issued as required by ss. 765.05 to 765.24 and 767.803.
History: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.23; 1981 c. 20 s. 2200; 1981 c. 314 s. 146; 2005 a. 443 s. 265; 2013 a. 372.
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.
Hello there ---The original expert that you requested has not been available. Your question was sent to me for response because I am also a family law expert here at Just Answer. Would you like to continue waiting for Scotty to come online or would you like a response to your question? -MARY
Customer: replied 1 year ago.
I really like Scottys detailed answers. If you can give me a detailed answer than I am ok with u answering. If not I'd like to wait for Scotty.
Expert:  Legalease replied 1 year ago.
I will opt out and leave it for Scotty. MARY
Customer: replied 1 year ago.
Ok no problem