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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116711
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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State of WI has a 6 month waiting period post divorce

Customer Question

State of WI has a 6 month waiting period post divorce finalization before remarrying whereas MN does not have a waiting period. Is a marriage done in MN before the sixth month waiting period in WI is done recognized by the state of WI?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were divorced in WI, then the WI law applies, even though you go to another state to marry. So if you go to MN to marry, the marriage can be invalidated since the divorce waiting period was not followed. See: WI Statute 765.03.
You can apply to the WI court for waiver of the 6 month waiting period for good cause (such as spouse going to military or is ill or is moving for work and you need to be married to move with them). However, if you simply ignore the WI statutory waiting period and get married, then the marriage can be voided even if it took place in another state.
Customer: replied 1 year ago.
Would the waiver apply if the future father in law is ill? He has cancer and may not even make it to when the divorce is final. And how do I go about requesting a waiver?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It is possible that it could be good cause. Generally, these laws with waiting periods after the final divorce is entered are old laws that the courts will be willing to waive in most cases if there is some good cause. To apply for a waiver, you file a motion for waiver of waiting period for remarriage in the court that issued the divorce.