validating a void marriage

[navywife1979]

My jurisdiction is: wisconsin, usa

My dear friend just discovered that after 5 years of marriage that her marriage may be void since she didn't wait 6 months to remarry after a divorce. She was divorced in England and was told (by a lawyer) that she could remarry in WI and since she wasn't divorced in WI the 6 month wait didn't apply to her like it did for her husband (who was divorced in WI and did wait the 6mos). Her and her husband of course are a bit freaked but we did some digging and discovered that according to s.765.23 which can be found on the wisconsin state legislature site, their marriage is probably valid after all since they did go into the marriage believing it was 100% legal and they have been living a wonderfully happy life for the past 5 years as man and wife with two beautiful boys ages 4 and 2. Her husband is in the military and currently deployed to Iraq so this is really weighing heavy on them too.

So my question is, are we misunderstanding this section of the law or are we interpereting it correctly?

Thanks in advance for any answers and feel free to ask anything if you need elaboration.

 

[dee_dub]

I don't think you're interpreting it correctly. 765.23 speaks to "immaterial violations" of the law. The 6-month rule is not an immaterial violation. I would refer you to 765.21, which provides that marriages contracted in breach of certain enumerated sections shall be void. One of those sections is 765.03(2), which is the 6-month rule.

 

[lwpat]

The law appears to be quite clear and it doesn't matter where you were divorced. Unfortunately Wisconsin does not allow proxy marriages so that is out. How did you get a license since you have to show your divorce papers?

It looks like you will have to wait until he comes back and then remarry. However, if something should happen, you will probably be protected under the putative spouse doctrine. Who is going to challenge it anyway?