SB398: Bill Text

LRB-3965/1

SWB:skw

2019 - 2020 LEGISLATURE

2019 Senate BILL 398

September 16, 2019 - Introduced by Senators Darling, Kooyenga and Ringhand, cosponsored by Representatives Duchow, Krug, Loudenbeck, Novak, Kulp, Kitchens, Subeck, James, Tranel, Felzkowski, Sinicki and Skowronski. Referred to Committee on Universities, Technical Colleges, Children and Families.

SB398,1,4 An Act to repeal 765.03 (2), 765.09 (1) (b) and 765.21 (2); to renumber 765.03 (1) and 765.09 (1) (a); to consolidate, renumber and amend 765.21 (intro.) and (1); and to amend 765.03 (title) and 767.35 (3) of the statutes; relating to: 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:

SB398,1 Section 1. 765.03 (title) of the statutes is amended to read:

SB398,1,6 765.03 (title) Who shall not marry ; divorced persons.

SB398,2 Section 2. 765.03 (1) of the statutes is renumbered 765.03.

SB398,3 Section 3. 765.03 (2) of the statutes is repealed.

SB398,4 Section 4. 765.09 (1) (a) of the statutes is renumbered 765.09 (1).

SB398,5 Section 5. 765.09 (1) (b) of the statutes is repealed.

SB398,6 Section 6. 765.21 (intro.) and (1) of the statutes are consolidated, renumbered 765.21 and amended to read:

SB398,2,9 765.21 Unlawful marriages void; validation. All marriages hereafter contracted in violation of ss. 765.02, 765.03, 765.04 and 765.16 shall be void, except as provided in ss. 765.22 and 765.23. The parties to any such marriage may validate the marriage by complying with the requirements of ss. 765.02 to 765.24 as follows: (1) At at any time, if the marriage is declared void under s. 765.02 or 765.16.

SB398,7 Section 7. 765.21 (2) of the statutes is repealed.

SB398,8 Section 8. 767.35 (3) of the statutes is amended to read:

SB398,2,16 767.35 (3) When divorce judgment effective. A judgment of divorce is effective when granted. A court granting a judgment of divorce shall inform the parties appearing in court that the judgment is effective when granted but that it is unlawful under s. 765.03 (2) for a party to marry again until 6 months after the judgment is granted.

SB398,2,17 (End)