Annulment Procedure

In Wisconsin, the process of obtaining an annulment involves several steps and requirements, which are outlined below.

Procedure to Obtain an Annulment in Wisconsin

1. Grounds for Annulment:

Determine if your marriage meets one of the legal grounds for annulment in Wisconsin. Grounds may include:

• Prohibited relationships (e.g., close blood relatives).
• Bigamy (one spouse was already legally married).
• Underage marriage (one or both parties were underage without proper consent).
• Lack of mental capacity to consent to marriage.
• Marriage entered into under duress, fraud, or misrepresentation.

2. Filing the Petition:

• Circuit Court: File a petition for annulment in the circuit court of the county where either spouse resides. You will need to complete a Petition for Annulment form, which outlines the grounds for annulment and other pertinent details.

3. Court Hearing:

• Evidence: Provide evidence supporting your grounds for annulment. This may include documents, testimony, or other proof demonstrating the reasons why the marriage should be annulled.
• Witnesses: If necessary, bring witnesses who can testify to the circumstances surrounding the marriage.

4. Legal Representation:

• Optional but Recommended: While not required, it is advisable to seek legal representation from a family law attorney experienced in annulment cases. An attorney can ensure that your rights are protected, help navigate the legal process, and advocate on your behalf in court.

5. Court Decision:

• Judgment: After considering the evidence presented, the court will issue a judgment either granting or denying the annulment. If granted, the marriage is legally declared null and void from its inception.

6. Effects of Annulment:

• Property Division: The court may address the division of property and debts acquired during the marriage.
• Children: Child custody, placement (visitation), and support arrangements will be determined based on the best interests of the children.
• Legal Status: The annulled marriage is legally treated as though it never existed, with potential impacts on rights to benefits and obligations under state and federal law.

Additional Considerations

• Documentation: Gather necessary documents, such as marriage certificates, birth certificates, and any evidence supporting your grounds for annulment.
• Legal Advice: Consult with a family law attorney to understand your rights, obligations, and the specific legal process for annulment in Wisconsin.
• Subpoenas: Consider people who have knowledge of your case and serve them a subpoena to testify.
• Court Fees: There may be filing fees associated with initiating the annulment process in Wisconsin. Check with the circuit court or consult legal counsel for current fee schedules.

Navigating the process of annulment in Wisconsin involves understanding the grounds, preparing necessary documentation, presenting evidence in court, and ensuring compliance with legal procedures. Seeking legal advice from a qualified attorney can help ensure that your interests are protected and that you navigate the annulment process effectively.