LRB-2620/1
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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 291
May 25, 2023 - Introduced by Representatives DUCHOW, MACCO, NOVAK, KITCHENS,
STEFFEN, MYERS, SUBECK, CABRERA, C. ANDERSON, CONLEY, MURSAU, OHNSTAD,
PALMERI, SAPIK and SINICKI, cosponsored by Senators BALLWEG, FELZKOWSKI,
ROYS and TAYLOR. Referred to Committee on Family Law.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 765.03 (2), 765.09 (1) (b) and 765.21 (2); to renumber 765.03
(1) and 765.09 (1) (a); to consolidate, renumber and amend 765.21 (intro.)
and (1); and to amend 765.03 (title) and 767.35 (3) of the statutes; relating to:
waiting period for marriage after divorce judgment.
Analysis by the Legislative Reference Bureau
This bill eliminates the prohibition against a person marrying for six months
after the grant of that person's judgment of divorce. Under current law, a person who
was married and party to a divorce action in this or another state may not marry
again until six months after a judgment of divorce is granted. This bill eliminates
the waiting period.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 765.03 (title) of the statutes is amended to read:
765.03 (title) Who shall not marry; divorced persons.
SECTION 2. 765.03 (1) of the statutes is renumbered 765.03.
SECTION 3. 765.03 (2) of the statutes is repealed.
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SECTION 4 ASSEMBLY BILL 291
SECTION 4. 765.09 (1) (a) of the statutes is renumbered 765.09 (1).
SECTION 5. 765.09 (1) (b) of the statutes is repealed.
SECTION 6. 765.21 (intro.) and (1) of the statutes are consolidated, renumbered
765.21 and amended to read:
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 at any time, if the marriage is declared void under s. 765.02 or 765.16.
SECTION 7. 765.21 (2) of the statutes is repealed.
SECTION 8. 767.35 (3) of the statutes is amended to read:
767.35 (3) WHEN DIVORCE JUDGMENT EFFECTIVE. A judgment of divorce is
effective when granted. A court granting a judgment of divorce shall inform the
parties appearing in court that the judgment is effective when granted but that it is
unlawful under s. 765.03 (2) for a party to marry again until 6 months after the
judgment is granted. This section does not prevent application of enforceable orders
prior to the divorce judgment as set forth in s. 767.333.
(END)
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