18 years or 16 with consent

License from county where one party resident for 30 days prior, or where ceremony held

Officiated by authorized official, parties make mutual statements 

2 Witnesses With Capacity

Excusable Errors for Marriage

With Good Faith and Belief in Lawful Joining

Witnesses didn't have capacity

Official wasn't authorized

Didn't get license and lived together for one year as married

Mistakes in license after 30 days

Didn't know still married- becomes official once previous marriage ends or 6 month waiting period ends

County Clerk lacked jurisdiction to grant license

Annulment

Only by judicial process

Minority w/o consent- parent can annul within one year from date of discovery, other parties until reaches majority.  

Unable to perform- up to 1 year from discovery

Prohibited by law

Capacity to Consent- up to one year from date of disc of incapacitation

NEVER AFTER DEATH OF SPOUSE

Stops presumption of marital property.  

Now presumption of non-marital property

By temporary order, can make order for maintenance, custody, child support, residence.  

Notice- service of summons and petition as required by law, 

Wait 120 days before hearing unless emergency reasons found and court order.  

Divorce Requirements

NO FAULT

Only grounds is irretrievable breakdown of marriage

Established by: Both stating under oath.  

One stating under oath after 12 mos of separation (voluntary and continuous)

Not 12 mos, one stating under oath, and ct finds no reasonable prospects for reconciliation, or 2nd hearing 30-60 days later and same statement.  

Cannot remarry until 6 mos after divorce.  

SMJ Jurisdiction

State has exclusive authority over all family law matters

over all property located in state and if one party is bona fide resident, and other party personally served as required: 

STATE CAN DECIDE STATUS OF MARRIAGE and status of any property located in state

1) Both residents, 

2) Service in state by resident of the state

3) Personally served and resided in WI for 6 continuous months in marital relationship with petitioner during previous 6 years.  

An award to keep spouses standard or living at an appropriate level until no longer necessary.  

Factors: 1) Length of marriage, 2) Standard of living during marriage, 3) Amt of marital estate received, 4) Age and Health, 5) Earning Capacity, 6) Cohabitations, 7) Prior Agreements, 8) Tax Consequences.  

Can get a temporary order, but to extend beyond lmtd duration, must request before deadline.  

Child Support

*Must include health care costs for child.

Stat Amounts: 17%, 25%, 29%, +2 rest of em

Fixed amt unless parties stipulate to a %.  

Ct can modify based on these factors:

1) Standard of living enjoyed had marriage cntd,

2) Financial resources of spouses and children

3) Needs of child, 

4) Maintenance Amt,

5) Child Care Costs,

6) Amt of physical placement, 

7) Other factors deemed relevant by court

Standard for Modifications of 

Maintenance and Child Support

Substantial Change in Circumstances

When 90+ days overdue can revoke DL for not longer than 2 years.  

gets back when arrears paid or payment plan made.  

Parernity

No time limits

2-Part trial

Establishment of paternity

Custody, support, Placement

Presumption that all property is marital property. 

Burden on party claiming to prove non-marital

Can't be comingled- traceability

By gift, devise, bequest, or inheritance to only one party.  All property acquired prior to marriage.  

Ct can enter into estate if ct deems 

HARDSHIP TO CHILDREN OR SPOUSE.

Presumption of Equal Division subject to factors court deems relevant, must consider:

1) Length of marriage

2) Property brought to marriage- other assets

3) Destruction or Waste

4) Earning Capacity

5) Age and Health

6) Family Home

7) Custody order

8) Education Contribution

9) Maintenance

10) Child Support

11) taxes

12) Agreements between parties

13) Retirement Savings

Ct accepts as valid, unless

Unconscionable at time made

Lack of full disclosure at time made

Not voluntarily executed

Presumed reasonable, but cannot affect child's right to support

Based on Best Interests of Child

Permanent schedule w/ maximized meaningful contact between parties

Reasonable amount of electronic communications

Not dependent on $ or gender

1) Child's Wishes

2) parent's wishes

3) Important Relationships

4) Age and Health- development stage

5) Amt of adjustment required

6) Past parenting

7) Abuse (domestic or child)

8) Alcohol or drug abuse

9) Parent's willingness and ability to change

10) Party's cooperation with other spouse

11) Child care availability

If substantially equal parenting time becomes impracticable, ct can modify in BIC. 

After 2 years if in BIC and substantial change of circumstances

Before 2 years if substantial evidence that current order is physically or emotionally harmful to BIC

Cannot do it for more than 90 days without 60 days written notice 

Nonmoving party has 15 days to object.  

UCCJEA

Way to determine which state has SMJ

Still need personal jurisdiction through traditional means or long arm statute

Home State- where one parent resides with child, or where parent lives for 6 mos prior to action, or was living within 6 mos prior and parent remains.

If not home state, go to significant connections- significant connections to state and substantial evidence relevant to a custody determination is located

More appropriate forum determination- go to where determined based on ability of court to handle, location of evidence, child's residency, distance for parents

Modifying order- original court must decline jurisdiction and court must have had original authority to make determination or parties are no longer residents of that state.