2023 - 2024 LEGISLATURE
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2023 SENATE BILL 288
May 15, 2023 - Introduced by Senators BALLWEG, FELZKOWSKI, ROYS and TAYLOR,
cosponsored by Representatives DUCHOW, MACCO, NOVAK, KITCHENS, STEFFEN,
MYERS, SUBECK, C. ANDERSON, CABRERA, CONLEY, MURSAU, OHNSTAD, PALMERI,
SAPIK and SINICKI. Referred to Committee on Mental Health, Substance Abuse
Prevention, Children and Families.
1 AN ACT to repeal 765.03 (2), 765.09 (1) (b) and 765.21 (2); to renumber 765.03
2 (1) and 765.09 (1) (a); to consolidate, renumber and amend 765.21 (intro.)
3 and (1); and to amend 765.03 (title) and 767.35 (3) of the statutes; relating to:
4 waiting period for marriage after divorce judgment.
Analysis by the Legislative Reference Bureau
This bill eliminates the prohibition against a person marrying for six months
after the grant of that person's judgment of divorce. Under current law, a person who
was married and party to a divorce action in this or another state may not marry
again until six months after a judgment of divorce is granted. This bill eliminates
the waiting period.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
5 SECTION 1. 765.03 (title) of the statutes is amended to read:
6 765.03 (title) Who shall not marry; divorced persons.
7 SECTION 2. 765.03 (1) of the statutes is renumbered 765.03.
8 SECTION 3. 765.03 (2) of the statutes is repealed.
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SENATE BILL 288 SECTION 4
1 SECTION 4. 765.09 (1) (a) of the statutes is renumbered 765.09 (1).
2 SECTION 5. 765.09 (1) (b) of the statutes is repealed.
3 SECTION 6. 765.21 (intro.) and (1) of the statutes are consolidated, renumbered
4 765.21 and amended to read:
5 765.21 Unlawful marriages void; validation. All marriages hereafter
6 contracted in violation of ss. 765.02, 765.03, 765.04, and 765.16 shall be void, except
7 as provided in ss. 765.22 and 765.23. The parties to any such marriage may validate
8 the marriage by complying with the requirements of ss. 765.02 to 765.24 as follows:
9 (1) At at any time, if the marriage is declared void under s. 765.02 or 765.16.
10 SECTION 7. 765.21 (2) of the statutes is repealed.
11 SECTION 8. 767.35 (3) of the statutes is amended to read:
12 767.35 (3) WHEN DIVORCE JUDGMENT EFFECTIVE. A judgment of divorce is
13 effective when granted. A court granting a judgment of divorce shall inform the
14 parties appearing in court that the judgment is effective when granted but that it is
15 unlawful under s. 765.03 (2) for a party to marry again until 6 months after the
16 judgment is granted. This section does not prevent application of enforceable orders
17 prior to the divorce judgment as set forth in s. 767.333.
18 (END)


Statutes affected:
Bill Text: 765.03(title), 765.03, 765.03(2), 765.09(1)(b), 765.09, 765.21(2), 765.21, 767.35(3), 767.35