Wisconsin Statutes

Wis. Stat. § 765.04 (2026)

Marriage abroad to circumvent the laws

✓ current as of July 2026

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765.04765.04 Marriage abroad to circumvent the laws.

765.04(1)(1) If any person residing and intending to continue to reside in this state who is disabled or prohibited from contracting marriage under the laws of this state goes into another state or country and there contracts a marriage prohibited or declared void under the laws of this state, such marriage shall be void for all purposes in this state with the same effect as though it had been entered into in this state.

765.04(2)(2) Proof that a person contracting a marriage in another jurisdiction was (a) domiciled in this state within 12 months prior to the marriage, and resumed residence in this state within 18 months after the date of departure therefrom, or (b) at all times after departure from this state, and until returning maintained a place of residence within this state, shall be prima facie evidence that at the time such marriage was contracted the person resided and intended to continue to reside in this state.

765.04(3)(3) No marriage shall be contracted in this state by a party residing and intending to continue to reside in another state or jurisdiction, if such marriage would be void if contracted in such other state or jurisdiction and every marriage celebrated in this state in violation of this provision shall be null and void.

765.04 HistoryHistory: 1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.04.

Notes of Decisions

Cited in 2 cases, 2001–2013 · leading case: In the Matter of Est. of Toutant, 2001 WI App 181 (Wis. Ct. App. 2001).

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In the Matter of Est. of Toutant, 2001 WI App 181 (Wis. Ct. App. 2001). · cites it 8× “This assertion ignores the provisions of Wis. Stat. § 765.04 . Section 765.04 expressly proscribes the celebration of marriage outside of Wisconsin to avoid the prohibition of § 765.”

Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013). · cites it 4× “In addition, Wis. Stat. § 765.04 forbids a marriage when a person who is prohibited from marrying in this state goes into another state or country and contracts a marriage prohibited under the laws of this state.”

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