Marriage Annulment in Wisconsin
Divorce Papers » Marriage Annulment in Wisconsin
Annulment in Wisconsin is hard to get as it is fact-specific and thus, hard to prove. The cited grounds must exist in order to get an annulment. The process of annulment is slightly different than the divorce process in Wisconsin. One has to be eligible to attain annulment; not everyone can get it. The provision of annulment was once popular for religious reasons as many religions frown upon the concept of divorce. However, now-a-days, annulment is obtained by couples who are stuck in an invalid marriage and thus, want out of it. Annulment in Wisconsin is also known as marital annulment or declaration of nullity. It is issued in the form of a court decree.
Grounds for Annulment in Wisconsin:
The grounds for annulment in Wisconsin are tricky and difficult to prove. These grounds are specified by the statute of Wisconsin and necessary to prove in order to get an annulment. In case where these grounds do not exist, the annulment cannot be granted.
Let us have a detailed look at these grounds for annulment in Wisconsin:
Bigamy - A person is not supposed to marry someone if he / she was previously married and that marriage was not dissolved by any legal means. Such a marriage is prohibited by the state law and thus, cannot be deemed legal or valid. It needs to be annulled.
A bigamous marriage is an offense according to the state law and thus, the marriage is considered invalid right from the beginning as it never should have been in the first place.
However, the allegation needs to be proved with the help of witnesses and proofs so as to get an annulment.
Underage Marriage - A person who is under the legal age of marriage is not supposed to get married. In some exceptional cases, where the person has to get married in spite of being underage, parental or guardian consent is necessary to make the marriage valid.
However, such cases are very rare and the marriage is invalid right from its inception as it is also the example of the marriage which should never have been.
The proof of the person being underage has to be submitted to the court and then the court reaches its verdict.
Consanguinity - Marriage between ancestors and descendants or between two people related either by blood or by marriage is considered as incestuous marriage. Such a marriage is void ab initio, which means it should never have been conducted and thus, has to be annulled. Such marriages are invalid and nothing can be done to make them valid.
The proof of the relation between husband and wife has to be submitted to the court along with the necessary documents which lists them as each other's relatives.
However, this ground in difficult to prove and thus, it is difficult to obtain annulment on these grounds.
Intoxication - Being under the influence of either drugs, alcohol or medications undermines the principle of lifelong bond and the seriousness of the relationship that the couple is entering into as the couple does not realize what they are doing due to the unconsciousness the intoxication has caused and then realize that they have made a big mistake in marrying each other.
However, both the husband and wife should testify that they were intoxicated and entered the wedlock unknowingly. Other proofs such as the minister who conducted the wedding and the chapel where the wedding was registered can suffice for the annulment to be granted.
Concealment - Concealing important facts from one's spouse while getting married will seriously endanger the normal functioning of a marriage and can be the grounds for filing for an annulment in Wisconsin. For instance; sterility, sexually transmitted diseases, previous sex-change operation, hidden sexual orientation, stint in a prison or rehab, etc. can be counted as concealment and annulment can be granted on these grounds.
However, the basic condition while citing the ground of concealment is that the petitioner should not have been aware of the condition before marriage and it was discovered only after the couple got married.
Inability to Consummate the Marriage - The physical inability to consummate the marriage can be a firm base to nullify a marriage as a marriage cannot be considered valid unless it is consummated. The main function of marriage is to procreate, that is, reproduce. If the marriage is not consummated, the purpose of marriage cannot be fulfilled and thus, such a marriage cannot be considered as valid.
However, it should be noted that the impotent spouse should not only be sterile but also unable to perform the sexual act thus, keeping the partner dissatisfied.
Mental Illness - A person who is mentally unstable or is diagnosed with a mental condition which renders him / her unable to lead a normal life cannot provide for a family and cannot lead a married life as marriage is all about caring for and supporting each other through better or through and worse, through sickness and through health.
The testimony of the therapist treating the respondent can prove important when it comes to submitting the proofs in the court.
- Same-sex Marriage - The marriages between gay and lesbian couples are prohibited by the law and thus, have to be annulled. In fact, they are considered as an offense according to the statute. Thus, such a marriage is invalid right from the beginning and has to be nullified.
These are the grounds which need to exist and proved in order to get an annulment in the state of Wisconsin.