2019 - 2020 LEGISLATURE
September 12, 2019 - Introduced by Representatives Duchow, Krug, Loudenbeck,
Novak, Kulp, Kitchens, Subeck, James, Tranel, Felzkowski and Sinicki,
cosponsored by Senators Darling, Kooyenga and Ringhand. Referred to
Committee on Family Law.
AB439,1,4 1An Act to repeal 765.03 (2), 765.09 (1) (b) and 765.21 (2); to renumber 765.03
2(1) and 765.09 (1) (a); to consolidate, renumber and amend 765.21 (intro.)
3and (1); and to amend 765.03 (title) and 767.35 (3) of the statutes; relating to:
4waiting 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:
AB439,1 5Section 1. 765.03 (title) of the statutes is amended to read:
AB439,1,6 6765.03 (title) Who shall not marry ; divorced persons.
AB439,2 7Section 2. 765.03 (1) of the statutes is renumbered 765.03.
AB439,3 8Section 3. 765.03 (2) of the statutes is repealed.
1Section 4. 765.09 (1) (a) of the statutes is renumbered 765.09 (1).
AB439,5 2Section 5. 765.09 (1) (b) of the statutes is repealed.
AB439,6 3Section 6. 765.21 (intro.) and (1) of the statutes are consolidated, renumbered
4765.21 and amended to read:
AB439,2,9 5765.21 Unlawful marriages void; validation. All marriages hereafter
6contracted in violation of ss. 765.02, 765.03, 765.04 and 765.16 shall be void, except
7as provided in ss. 765.22 and 765.23. The parties to any such marriage may validate
8the marriage by complying with the requirements of ss. 765.02 to 765.24 as follows:
9(1) At at any time, if the marriage is declared void under s. 765.02 or 765.16.
AB439,7 10Section 7. 765.21 (2) of the statutes is repealed.
AB439,8 11Section 8. 767.35 (3) of the statutes is amended to read:
AB439,2,1612 767.35 (3) When divorce judgment effective. A judgment of divorce is
13effective when granted. A court granting a judgment of divorce shall inform the
14parties appearing in court that the judgment is effective when granted but that it is
15unlawful under s. 765.03 (2) for a party to marry again until 6 months after the
16judgment is granted
AB439,2,1717 (End)