Wisconsin Statutes
Wis. Stat. § 765.03 (2026)
Who shall not marry; divorced persons
✓ current as of July 2026
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765.03(1)(1) No marriage shall be contracted while either of the parties has a husband or wife living, nor between persons who are nearer of kin than 2nd cousins except that marriage may be contracted between first cousins where the female has attained the age of 55 years or where either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating that either party is permanently sterile. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.
765.03(2)(2) It is unlawful for any person, who is or has been a party to an action for divorce in any court in this state, or elsewhere, to marry again until 6 months after judgment of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgment of divorce shall be void.
765.03 AnnotationA marriage can be declared null and void after the death of a spouse, although a marriage may not be annulled after the death of a party. Ellis v. Estate of Toutant, 2001 WI App 181, 247 Wis. 2d 400, 633 N.W.2d 692, 00-2535.
765.03 AnnotationThis chapter sets out the criteria for a valid marriage in this state. Failure to meet one of these criteria often results in a void marriage. An action for declaratory judgment under s. 806.04 is the established mechanism for testing the validity of a marriage in an estate case because s. 806.04 explicitly provides standing for interested parties in an estate action. McLeod v. Mudlaff, 2013 WI 76, 350 Wis. 2d 182, 833 N.W.2d 735, 11-1176.
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1981–2021 · leading case: Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013).
Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013). “Wis. Stat. § 765.03 (1). Patricia claims that a court has authority under Wis.”
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). “In the chapter on marriage, Wis. Stat. § 765.03 (1) reads in part: No marriage shall be contracted .”
In the Matter of Est. of Toutant, 2001 WI App 181 (Wis. Ct. App. 2001). “Using its declaratory judgment powers, the trial court declared the marriage of Ellis and Toutant null and void pursuant to Wis. Stat. §§ 765.03 and 765.04. Interpretation of a statute is subject to de novo review.”
State v. Friedrich, 398 N.W.2d 763 (Wis. 1987). “" See also, sec. 765.03(1), Stats.: "765.03 Who shall not marry;divorced persons.”
Wolf v. Walker, 986 F. Supp. 2d 982 (W.D. Wis. 2014). “Wis. Stat. § 765.03 (1) (permitting first cousins to marry if “the female has attained the age of 55 years or where either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating either party is permanently sterile”).”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “06 (LexisNexis 1996); Wis. Stat. Ann. § 765.03 (West 2001). See Iowa Code § 709.”
In Re Marriage of Roeder v. Roeder, 308 N.W.2d 904 (Wis. Ct. App. 1981). “Section 765.03(2), Stats., does not affect the finality of the divorce judgment.”
State v. Allen M., 571 N.W.2d 872 (Wis. Ct. App. 1997). “639 (1883); and § 765.03, STATS. (prohibiting marriage between persons who are nearer of kin than second cousins).”
Ghassemi v. Ghassemi, 998 So. 2d 731 (La. Ct. App. 2008). “§ 30-1-1 ; and Wis. Stat. Ann. § 765.03 . [36] When an unrestricted appeal is taken from a final judgment, the appellant is entitled to seek review of all adverse interlocutory rulings prejudicial to him or her, in addition to review of the final judgment.”
In Re Marriage of Falk v. Falk, 462 N.W.2d 547 (Wis. Ct. App. 1990). “Utzig had previously been divorced in Wisconsin, and, under sec. 765.03(2), Stats., was not eligible to remarry for a period of six months from the date of the judgment of divorce.”
Kemper Indep. Ins. Co. v. Ismet Islami, 2021 WI 53 (Wis. 2021). “§ 765.03 (2). In contrast, a judgment of legal separation does not terminate a marriage.”
Sinai Samaritan Med. Ctr., Inc. v. McCabe, 541 N.W.2d 190 (Wis. Ct. App. 1995). “" Section 765.03(1), STATS. Although Morgan McCabe could have sought annulment of his marriage to Jean McCabe prior to her death on the ground that Jean McCabe's divorce from Joseph Kaufman was invalid, see § 767.”
— Wis. Stat. § 765.03(1) — 4 cases
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). “In the chapter on marriage, Wis. Stat. § 765.03 (1) reads in part: No marriage shall be contracted .”
State v. Friedrich, 398 N.W.2d 763 (Wis. 1987). “" See also, sec. 765.03(1), Stats.: "765.03 Who shall not marry;divorced persons.”
Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013). “Wis. Stat. § 765.03 (1). Patricia claims that a court has authority under Wis.”
Sinai Samaritan Med. Ctr., Inc. v. McCabe, 541 N.W.2d 190 (Wis. Ct. App. 1995). “" Section 765.03(1), STATS. Although Morgan McCabe could have sought annulment of his marriage to Jean McCabe prior to her death on the ground that Jean McCabe's divorce from Joseph Kaufman was invalid, see § 767.”
— Wis. Stat. § 765.03(2) — 5 cases
In the Matter of Est. of Toutant, 2001 WI App 181 (Wis. Ct. App. 2001). “Using its declaratory judgment powers, the trial court declared the marriage of Ellis and Toutant null and void pursuant to Wis. Stat. §§ 765.03 and 765.04. Interpretation of a statute is subject to de novo review.”
In Re Marriage of Roeder v. Roeder, 308 N.W.2d 904 (Wis. Ct. App. 1981). “Section 765.03(2), Stats., does not affect the finality of the divorce judgment.”
In Re Marriage of Falk v. Falk, 462 N.W.2d 547 (Wis. Ct. App. 1990). “Utzig had previously been divorced in Wisconsin, and, under sec. 765.03(2), Stats., was not eligible to remarry for a period of six months from the date of the judgment of divorce.”
Kemper Indep. Ins. Co. v. Ismet Islami, 2021 WI 53 (Wis. 2021). “§ 765.03 (2). In contrast, a judgment of legal separation does not terminate a marriage.”
Kemper Indep. Ins. Co. v. Ismet Islami, 2021 WI 53 (Wis. 2021).
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