Marriage is a beautiful bond between two individuals that should last forever. However, life doesn’t always go as planned, and sometimes relationships hit rock bottom. Wisconsin law has two ways to end a marriage – annulment and divorce. These two are often confused with each other, but they are entirely different. Here’s everything you need to know about the difference between annulment and divorce in Wisconsin.
The Legal Meaning of Annulment and Divorce
Annulment is the legal procedure for nullifying a marriage. In simple terms, it means that the marriage is not legal, and it will be erased from the couple’s history as if it never happened. The court declares the marriage null and void, which is similar to a legal divorce, but in Wisconsin, an annulment is a legal statement stating that the marriage never existed.
Divorce, on the other hand, is the legal termination of a marriage by a court or other competent authority. Unlike annulment, divorce considers that the marriage was valid, and is legally ending it. The court dissolves the legal relationship of the marriage.
Grounds for Annulment in Wisconsin
In Wisconsin, annulment is not granted frivolously. There are specific legal grounds on which an annulment can be granted. Failure to meet these requirements means that a divorce is the only option.
Marriage Restrictions: Under Wisconsin state law, certain marriage restrictions can result in an annulment. Couples may not marry if they are bothersome, sisters, first cousins, close relatives, or an ancestor and descendant. If these restrictions are not respected, an annulment is granted.
No Legal Consent: If one of the spouses lacks the mental capacity or is under the influence of drugs or alcohol to understand the legal consequences of getting married, an annulment is possible. Likewise, if one of the spouses was forced or coerced into marrying, that’s a ground for annulment.
Marriage Fraud: If one spouse knowingly deceived the other, couples can file for an annulment. In Wisconsin, marriage fraud includes concealing impotence, pregnancy by someone else, a sexually transmitted disease, or a criminal record.
Grounds for Divorce in Wisconsin
Divorce in Wisconsin only requires that a marriage has been irretrievably broken. There is no need to prove fault or who was responsible for the marriage’s breakdown. Yet, Wisconsin courts consider fault for certain purposes, such as dividing property, determining custody or visitation, and awarding alimony.
Division of Assets and Liabilities
In Wisconsin, equitable distribution applies to both annulments and divorces when the couple has joint property, joint debt, and other financial liabilities. That means that the judge will distribute the property and liabilities in a fair and equitable manner.
Custody, Placement, and Support
If there are children involved, a child custody, placement, and support agreement must be reached. In Wisconsin, a custody order can be established during an annulment or divorce, but placement must be decided during a divorce only.
Advantages and Disadvantages of Annulment Vs. Divorce
An annulment dissolves the legal status of marriage and declares it null and void. Therefore, an individual who obtains an annulment can avoid many of the legal consequences of divorce, such as unfair division of assets. However, getting an annulment in Wisconsin is exceedingly difficult and requires specific legal grounds. Divorce, on the other hand, is easier to obtain. It is much less complicated and less expensive than an annulment.
Conclusion
In Wisconsin, the difference between annulment and divorce is significant. Annulment declares the marriage void and unenforceable, while a divorce dissolves the marriage and judges divide assets and set up custody agreements. Both are complex and time-consuming processes, so it’s important to speak with a qualified family law attorney to determine which option is right for you.