767.313.Annulment.
Subch. IV: Annulment, Divorce, and Legal Separation · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
Full Text of Section 767.313
Official Notes
Wisconsin prints certain labelled notes with the statute — effective-date notes, cross-references, and notes of the Judicial Council. They are reproduced verbatim below. The unlabelled digest of court decisions that the Legislative Reference Bureau prints after them is annotation rather than statute, and is not reproduced.
NOTE: 2005 Wis. Act 443 contains explanatory notes. A remarriage, although unlawful in Wisconsin and dissolved through annulment, is sufficient to terminate maintenance under s. 767.32 (3) [now s. 767.59 (3)]. The requirement that maintenance be terminated following remarriage is unconditional. Falk v. Falk, 158 Wis. 2d 184, 462 N.W.2d 547 (Ct. App. 1990). Although a marriage may be “void,” the marriage governs the parties’ legal relations unless it is annulled. Sinai Samaritan Medical Center, Inc. v. Mc Cabe, 197 Wis. 2d 709, 541 N.W.2d 190 (Ct. App. 1995), 95-0012. Annulment is an appropriate remedy to void a marriage when the parties to the marriage are still alive, but it is not the exclusive remedy to challenge the validity of a marriage. The common law draws a distinction between an annulment and a declaration that a marriage is void, especially a declaration after the death of one of the parties. Statutes and case law have preserved that distinction. McLeod v. Mudlaff, 2013 WI 76, 350 Wis. 2d 182, 833 N.W.2d 735, 11-1176.
Amendment History
Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.
History: 1977 c. 105; 1979 c. 32 ss. 50, 92 (2); Stats. 1979 s. 767.03; 2005 a. 443 ss. 22, 23, 145; Stats. 2005 s. 767.313.
Plain-English Summary
Annulment says the marriage was never valid, so the grounds go to what was wrong at the moment it was solemnised.
No capacity to consent. Because of age, mental incapacity or infirmity, or the influence of alcohol, drugs or other incapacitating substances — or because a party was induced into the marriage by force or fraud.
No physical capacity to consummate. Where the other party did not know of the incapacity at the time. Suit may be brought by either party no later than one year after the petitioner learned of it.
Underage. A party who was 16 or 17 without parental consent or judicial approval, or a party under 16. Suit may be brought by the underage party or a parent or guardian at any time before that party turns 18.
Prohibited by law. Suit may be brought by either party within 10 years of the marriage — except that the 10-year limit does not apply where the marriage is prohibited because a party already had a living spouse.
Two closing rules. A judicial proceeding is required; there is no such thing as a self-executing annulment. And a marriage may not be annulled after the death of a party.
Frequently Asked Questions
What are the grounds for annulment in Wisconsin?
Lack of capacity to consent (including force or fraud), lack of physical capacity to consummate unknown to the other party, being underage without the required consent, and a marriage prohibited by Wisconsin law.
How long do I have to seek an annulment?
It depends on the ground. One year after learning of a physical incapacity; any time before the underage party turns 18; within 10 years of the marriage where it was prohibited by law — and with no limit where the bar was that a party already had a living spouse.
Can a marriage be annulled after someone dies?
No. A marriage may not be annulled after the death of a party to it.
Can we annul by agreement?
No. A judicial proceeding is required to annul a marriage.