WISCONSIN - My husband's ex-wife married out of state without waiting the required 6 months after her divorce. Will she be caught? If so, when? When she files taxes? She still lives in Wisconsin. We share joint custody of children, so I'm just curious to know. I don't intend to report her.
2006-10-24 04:00:18 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
WISCONSIN - My husband's ex-wife married out of state without waiting the required 6 months after her divorce. Will she be caught? If so, when? When she files taxes? She still lives in Wisconsin. We share joint custody of children, so I'm just curious to know. I don't intend to report her.
She didn't wait the 6 months from her second divorce - not the marriage to my husband. They have been divorced for over 6 years. From what I've found on the internet, WI will not recognize the marriage and she could face fines and prison time for circumventing the law and marrying in another state. I just want to know how'd she'd ever get caught.
2006-10-24 04:27:53 · update #1
I seriously doubt it would have criminal implications.
The areas it could have implications would be in the areas of inheritance, etc. For instance, if, God forbid, she were to die without a will, it might be more difficult for her current husband to inherit, and/or he might be forced to pay a considerably higher inheritance tax. (Inheritance tax, at least at the State level, is often based in part on marital status. In many cases, a spouse has virtual freedom from state inheritance tax. If there was sizeable estate, the State might decide it wanted him to pay inheritance tax as a stranger. So might the federal government, if the estate were large enough to trigger the US inheritance tax)
The reason I say this is that technically, hers is a void marriage. It was contracted by someone who was legally ineligble to marry. As a void marriage, she isn't technically married to her husband. Her proper remedy, if she cared about it, would be to wait the 6 months, and re-do the marriage ceremony, getting another marriage license, etc. She should also consult an attorney in both Wisconsin and in the state where she lives now for more specific advice on her situation.
If she doesn't know an attorney, she should contact her state or local bar association for a referral.
2006-10-24 05:05:35 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
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WISCONSIN divorce law - 6 month waiting period for remarriage - ex-wife didn't wait - will she be caught?
WISCONSIN - My husband's ex-wife married out of state without waiting the required 6 months after her divorce. Will she be caught? If so, when? When she files taxes? She still lives in Wisconsin. We share joint custody of children, so I'm just curious to know. I don't intend to...
2015-08-19 00:50:40 · answer #2 · answered by Chanelle 1 · 0⤊ 0⤋
According to Wisconsin State Legislature, a divorce is not granted for 6 months. The 6 month waiting period is one of only 2 states left, every other one has been overturned by courts.
If you "turn" her in, the Judge may bring her before him but since she married out of state it will not matter. My friend's husband went out of country to get around special provision in divorce rules. Let it go & be happy in your marriage. The only other choice would be for the Judge to reinstate the original marriage, unless you are trying to get rid of your husband, Enjoy your Life!
No where in Wisconsin law statues can I find any punishment other than reinstating the marriage.
2006-10-24 04:34:01 · answer #3 · answered by Wolfpacker 6 · 0⤊ 0⤋
Is he seeking to contest the divorce? The six-month waiting period may be the time that either party has to contest the divorce and bring the couple back together.
If he's your husband...then clearly he didn't wait the required six-months either.
And if you are married to him, it will make it REALLY tough for him to contest it in order to get back together with his ex-wife.
He may (MAY!) be able to claim that his marriage to you is void because he didn't wait the six months himself, claim that his ex didn't wait the six months, have her marriage voided (tough call - what are the laws in the state in which she was married? That'll be an interesting 2-year legal battle right there!) and then they can get back together.
This will take probably about 5 years and cost upwards of 300-400 thousand dollars in legal bills.
Otherwise I wouldn't worry about it.
2006-10-24 04:17:21 · answer #4 · answered by Michael F 2 · 0⤊ 0⤋
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2016-01-25 00:16:36 · answer #5 · answered by Janean 4 · 0⤊ 0⤋
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2015-02-15 05:25:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
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It still has to be finalized. It can go MUCH longer than 6 months, just not less. Contact your lawyer or the court to find out where you are with the process. You can request that the divorce be granted even if there is property issues, those can be arranged after wards if you get the okay from the judge.
2016-04-13 00:38:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
As long as she followed the laws in the state in which she was married, she will be ok. Wisconsin has to honor a legally binding marriage from another state.
2006-10-24 04:02:15 · answer #8 · answered by raewrn 2 · 0⤊ 0⤋
who cares let it go! Apparently he's moved on and she's moved on so who cares what she does! As long as your husband has met him and he doesn't feel uncomfortable with the kids being around him than it shouldn't matter
2006-10-24 04:11:23 · answer #9 · answered by Happy 3 · 1⤊ 0⤋
That's a good question, I was wondering the same thing myself
2016-08-23 09:23:25 · answer #10 · answered by Anonymous · 0⤊ 0⤋