Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB291 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 291
5	5	May 25, 2023 - Introduced by Representatives DUCHOW, MACCO, NOVAK, KITCHENS,
6	6	STEFFEN, MYERS, SUBECK, CABRERA, C. ANDERSON, CONLEY, MURSAU, OHNSTAD,
7	7	PALMERI, SAPIK and SINICKI, cosponsored by Senators BALLWEG, FELZKOWSKI,
8	8	ROYS and TAYLOR. Referred to Committee on Family Law.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 765.03 (2), 765.09 (1) (b) and 765.21 (2); to renumber 765.03
11	11	(1) and 765.09 (1) (a); to consolidate, renumber and amend 765.21 (intro.)
12	12	and (1); and to amend 765.03 (title) and 767.35 (3) of the statutes; relating to:
13	13	waiting period for marriage after divorce judgment.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill eliminates the prohibition against a person marrying for six months
16	16	after the grant of that person's judgment of divorce. Under current law, a person who
17	17	was married and party to a divorce action in this or another state may not marry
18	18	again until six months after a judgment of divorce is granted. This bill eliminates
19	19	the waiting period.
20	20	The people of the state of Wisconsin, represented in senate and assembly, do
21	21	enact as follows:
22	22	SECTION 1. 765.03 (title) of the statutes is amended to read:
23	23	765.03 (title) Who shall not marry; divorced persons.
24	24	SECTION 2. 765.03 (1) of the statutes is renumbered 765.03.
25	25	SECTION 3. 765.03 (2) of the statutes is repealed.
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35	35	SECTION 4 ASSEMBLY BILL 291
36	36	SECTION 4. 765.09 (1) (a) of the statutes is renumbered 765.09 (1).
37	37	SECTION 5. 765.09 (1) (b) of the statutes is repealed.
38	38	SECTION 6. 765.21 (intro.) and (1) of the statutes are consolidated, renumbered
39	39	765.21 and amended to read:
40	40	765.21 Unlawful marriages void; validation. All marriages hereafter
41	41	contracted in violation of ss. 765.02, 765.03, 765.04, and 765.16 shall be void, except
42	42	as provided in ss. 765.22 and 765.23. The parties to any such marriage may validate
43	43	the marriage by complying with the requirements of ss. 765.02 to 765.24 as follows:
44	44	(1) At at any time, if the marriage is declared void under s. 765.02 or 765.16.
45	45	SECTION 7. 765.21 (2) of the statutes is repealed.
46	46	SECTION 8. 767.35 (3) of the statutes is amended to read:
47	47	767.35 (3) WHEN DIVORCE JUDGMENT EFFECTIVE. A judgment of divorce is
48	48	effective when granted. A court granting a judgment of divorce shall inform the
49	49	parties appearing in court that the judgment is effective when granted but that it is
50	50	unlawful under s. 765.03 (2) for a party to marry again until 6 months after the
51	51	judgment is granted. This section does not prevent application of enforceable orders
52	52	prior to the divorce judgment as set forth in s. 767.333.
53	53	(END)
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