00-2535 In the Matter of the Estate of Marjorie R. Toutant

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Although we agree with Ellis that a marriage cannot be annulled because Marjorie died during that period, the estate was not asking that the marriage be annulled, it was asking that the marriage be declared null and void.

And, even though the marriage might have been valid in Texas despite the failure to comply with the six-month waiting period, this assertion ignores the provisions of Wis. Stat. sec. 765.04, which expressly proscribe the celebration of marriage outside of Wisconsin to avoid the prohibition of section 765.03(2).

“Ellis’s marriage to Toutant is not voidable, but null and void, an absolute nullity from the very beginning which cannot be ratified. Wisconsin has repeatedly held that marriages out of state by Wisconsin residents to avoid the legal impediments in this state are void.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist II, Racine County, Constantine, J., Snyder, J.

Attorneys:

For Appellant: John B. Stutt, Racine

For Respondent: James W. Hill, Racine; Joanne M. Breese-Jaeck, Racine; Cheryln Ann Hagen, Racine