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Bill > AB656

WI AB656

WI AB656
The age for marriage and eliminating spousal exceptions for certain sex crimes against children.

summary

Introduced
11/19/2025
In Committee
11/19/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

This bill eliminates an existing exception to the marriageable age for certain minors between the ages of 16 and 18 and, accordingly, establishes that all persons must be 18 years of age or older in order to marry. Under current law, a person who is at least 16 years old, but under 18 years old, may obtain a marriage license if the person provides the county clerk with written consent from the person’s parents, guardian, custodian, or parent having the actual care, custody, and control of the person. The required written consent must meet certain formal requirements for verification and must be filed with the county clerk at the time the person files an application for a marriage license. In limited circumstances, a court may provide the required written consent. The bill eliminates any exception to the general requirement that a person must be 18 years of age or older in order to marry. Under current law, a person who is at least 19 years old who has sexual intercourse with a child who is at least 16 years old is guilty of a Class A misdemeanor, unless the child is the person’s spouse. Current law also provides that a person who is under 19 who has sexual contact with a child who is 15 years old or who has sexual intercourse with a child who is at least 15 is guilty of a Class A misdemeanor unless the person is the child’s spouse. The bill eliminates these spousal exceptions unless the person was a child when the marriage occurred. Current law provides that a court may annul a marriage on certain grounds, including if a party was 16 or 17 years of age and did not have the consent of a parent or guardian or judicial approval or if the party was under 16 years of age. In those circumstances, current law allows the underaged person or a parent or guardian to bring suit at any time before the underaged person turns 18 but requires that the parent or guardian bring suit within one year of obtaining knowledge of the marriage. Under the bill, a person who was under the age of 18 at the time of the marriage may bring suit for annulment within 10 years of the marriage. The bill also allows a parent or guardian to bring suit for annulment at any time prior to the underaged party turning 18 and eliminates the requirement that such a suit be brought within one year of obtaining knowledge of the marriage. Finally, the bill expressly provides that a married minor may file an action for divorce or legal separation.

AI Summary

This bill eliminates the ability of minors between 16 and 18 years old to marry, establishing 18 as the minimum marriageable age in Wisconsin without any exceptions. The legislation removes current provisions that previously allowed minors to marry with parental consent or judicial approval. Additionally, the bill eliminates spousal exceptions for certain sex crimes involving minors, meaning that sexual intercourse with a child aged 16 or older by someone 19 or older would be a Class A misdemeanor, with the only exception being if the defendant was a child when the marriage occurred. The bill also expands the rights of married minors by allowing them to file for divorce or legal separation and provides a 10-year window for an underaged party to seek an annulment of their marriage, compared to the previous more restrictive provisions. These changes aim to protect minors from potentially coercive or inappropriate marriages and sexual relationships by removing legal loopholes that could be exploited to engage in sexual activity with or marry individuals under 18 years old.

Committee Categories

Education

Sponsors (32)

Last Action

Representative J. Jacobson added as a coauthor (on 02/09/2026)
(1 Companion Bills)

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