You must wait 6 months. Under Wis. Stat. § 765.03(2), a person who has been a party to a divorce cannot remarry after divorce in Wisconsin until 6 months after the judgment of divorce is granted. A marriage performed before those 6 months end is void, and marrying in another state to get around the rule does not work.
If you plan to remarry after divorce in Wisconsin, the 6 months run from the date the judgment of divorce is granted. Under Wisconsin civil procedure rules, a judgment is granted when the judge gives it orally in open court on the record, which can be earlier than the date the written judgment is signed or filed. The court system’s divorce guide states that once a divorce is granted, the parties cannot remarry anywhere in the world for at least six months.
In Wisconsin family law, “void” means null and void, not voidable. A marriage that violates the waiting period is not valid, and its validity can be challenged even after one spouse dies.
If you live in Wisconsin and intend to keep living here, and you marry in another state or country when Wisconsin law prohibits that marriage, the marriage is void in Wisconsin as if it had been entered into here.
A legal separation works differently. You cannot marry someone else while legally separated. If the separation is later converted to a divorce, the 6 months run from the day of the conversion.
Before you set a wedding date, confirm the date your divorce was granted in the court record, then schedule the ceremony after the full 6 months. If your divorce is still pending, the 6 months have not started, and the Wisconsin divorce waiting period comes first. Our guide on how to file for divorce in Wisconsin explains the steps to the final hearing. If you receive maintenance, check how remarriage affects alimony in Wisconsin before you marry.
Renier Hotopp Law Offices can confirm when your divorce was granted and when you can remarry after divorce in Wisconsin. See our Wisconsin divorce attorney services or learn more about the firm.
