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Wisconsin is a no fault divorce state, which means neither spouse must prove that the other has done anything wrong, and only one spouse must testify under oath that he or she believes that the marriage is irretrievably broken. A marriage is irretrievably broken when there is no chance for reconciliation.
Because annulments effectively erase the marriage, there are fewer concerns when it comes to property and financial divisions, as well as prenuptial agreements. Because the marriage was never considered legally valid, any prenuptial agreements are also invalid.
In Wisconsin, a legal annulment can only be granted on the following grounds: A party lacked the legal capacity to consent to the marriage (this could be due to age, mental incapacity, medical infirmity, or due to the influence of drugs or alcohol); or.
The difference between an annulment and a divorce is simply that an annulment ends an invalid marriage, while a divorce ends a valid marriage. A legal separation, however, means that the couple considers the marriage broken, but not irretrievably broken.
Wisconsin considers property owned by married couples as marital property and it belongs equally to both parties. While some states require a period of separation for couples seeking to end their marriages, legal separation is not a requirement for divorce in Wisconsin.
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