remarriage under wisconsin laws

[frody 14]

we are going today to a family lawyer...lets see what he tell Us...

[mtempelaar 190]

we are going today to a family lawyer...lets see what he tell Us...

Curious what the lawyer said on this. My take on it was that you aren't legally married so I am hoping you got a different answer or loophole.

BTW, you do not have to be married to have someone as a beneficiary or "pull the plug". These documents can name anyone you want. If I got hit by a car tomorrow, my father and sister have final say not my husband (that's only because he's not here and can't be at hospital with me - docs to be re-written once he gets here). I previously had health care power of attorney, living will, etc docs drawn up naming a friend.

[frody 14]

Well this is the result of our conversation with the lawyer: "you has been poor assessed right to the beginning.'

The date of the wedding is not the date of the marriage. Legally we are married 6 month and one day after the date of his divorce decree.

So when he fill the forms for my AOS he dont have the "right" to fill the AOS because the marriage wasnt legal on wisconsin.

Inmigration laws cant override the state laws.

The advise of the new lawyer was: even if the inmigration saw that is a real marriage and now you are legal married under wisconsin laws better drop the aplication and begin a new one with the right dates on it.

So we are planning to do that.

Better to do it now before I get a NOID because they can beginning the deportation procedures and there is no solution here.

Bad advice from my original lawyer She was wrong because she dont know about wisconsin laws.

[NigeriaorBust 4,087]

Ask your second lawyer if it is better to remarry ... that way you don't have to explain the bad start if you have a clean restart

[frody 14]

No ...technically we are married. you can not marry someone that its already married. I already ask that question to the second lawyer.

[frody 14]

thats the funny part ..I try to call the county clerk and they told me Im not married and I has to have a marriage license and remarry Ploof!

[frody 14]

thats the funny part ..I try to call the county clerk and they told me Im not married and I has to have a marriage license and remarry Ploof!

Ok here we are: we went to a family lawyer she said she never has done a validation of marriage before and she dont know if has to be in a civil court or in a family court. any suggestions?

[mtempelaar 190]

I don't know that people on this board would generally know the answer to this, we aren't lawyers

I could make arguments for either court and it may be different from state to state. I'm sorry, this is a non-answer, but your lawyer needs to do her job and find out herself. That's what you are paying her for. She has contacts, and court phone numbers, that the general public isn't going to have.

[frody 14]

well you are right ....but here we go! 3 lawyers contacted ...more than 20 years working in family field ...none of them has ever recognized a marriage in wisconsin. None of them know how to do it ... they are coincident that has to be something simple ...each one want to charge forst for do the learning curve with my case. Pffff...

just was with the hope someone else here has to pass by the same so we can offer answers to next generation ....

[frody 14]

765.24  Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and wife, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of such subsequent marriage shall be considered as the marital issue of both parents.

History: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.24; 1983 a. 447.

A 2nd marriage entered into while the plaintiff was already married will not be annulled when the plaintiff did not live with the 2nd husband after the first husband died. Smith v. Smith, 52 Wis. 2d 262, 190 N.W.2d 174 (1971).

Public policy favors upholding a marriage attacked as void by a 3rd party as well as by a party to a marriage. Corning v. Carriers Insurance Co. 88 Wis. 2d 17, 276 N.W.2d 310 (Ct. App. 1979).

The equitable doctrine of "clean hands" precluded the defendant from obtaining an annulment of a marriage to the plaintiff. A voidable marriage became valid upon the removal of the impediment to the marriage. Halker v. Halker, 92 Wis. 2d 645, 285 N.W.2d 745 (1979).

A husband was estopped from challenging the validity of his wife's divorce from her first husband. Schlinder v. Schlinder, 107 Wis. 2d 695, 321 N.W.2d 343 (Ct. App. 1982).

here Im after paid 4000 for second lawyer beggining from scrach..medical visit inccluded. XR etc etc.....