Wisconsin 6-Month Divorce Waiting Period 'Too Long' Lawmakers Say

DELAFIELD, WI — Two Wisconsin lawmakers say Wisconsin's mandatory six-month waiting period following a divorce is too long, and should be changed.

State Rep. Cindi Duchow (R-Delafield) and State Sen. Alberta Darling (R-River Hills) have published a bill that would eliminate the six-month waiting period after a finalized divorce.

Wisconsin is just one of only six states that mandates a waiting period after a finalized divorce before an individual is allowed to re-marry. Of those states, Wisconsin is one of three states with the longest waiting period. Wisconsin's waiting period was written in to law in 1911 as one year. In 1977, lawmakers reduced it to six months.

According to state statute:

“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.”

Both lawmakers say this antiquated law has directly impacted the lives of people across the state. Wisconsin law mandates a minimum of four months before a divorce is finalized. Many divorces take much longer. Lawmakers say the additional six month waiting period is predicated on the need for divorced persons to have a ‘cooling off period’ before they can re-marry.

“A number of people have contacted me with their personal story about how this law has negatively impacted them,” Rep. Duchow said. “Many of these individuals have already been waiting for a long period of time while they navigate what can be a lengthy divorce process. They should not have to wait even longer to start a family or a new union if they believe it is the right decision for them.”

Lawmakers say they've learned of a number of different circumstances in which Wisconsin residents wanted to re-marry, but couldn't, until the state mandatory waiting period expired.

“The reality is that every person going through a divorce has a different story, a different circumstance. If a legally single person wants to re-marry after a divorce is finalized, the government should not play a role in that decision,” Duchow said. “We should be supporting individuals and families in these circumstances, not prohibiting them from marriage.”