Friday, April 04, 2008

Wisconsin law blocks Iraq-bound soldier from marrying fiancee

A northern Wisconsin soldier in love and headed for war in Iraq wants to marry his fiancee.


But it’s not that easy. The prospective bride is in Wisconsin, but the groom is stationed in Germany.

Wisconsin law requires them to both be here to get a marriage license or marry.
The couple and their parents are frustrated, fearing the worst and worrying she’ll be left without benefits such as health insurance.

A state lawmaker says he will propose legislation to modernize the marriage law, such as by allowing one partner to appear at the ceremony via live video on the Internet.

“Support the troops, support the troops, support the troops, that’s what they say,” state Rep. Gary Sherman, D-Port Wing, said Friday. “But when it comes to actually doing something tangible to support the troops, there is always these road blocks.”

The young soldier could be killed in Iraq and his fiancee will get no veterans benefits or health care, said Sherman, an attorney. “Marriage should be encouraged, not impeded.”

Matthew Albertus, 21, of Ashland, is a U.S. Army infantryman stationed in Baumholder, Germany. His fiancee, Carol Beirl, 19, also of Ashland, is a student at the University of Wisconsin-Green Bay, studying to be a teacher.

The couple got engaged last June and planned for a big wedding — until he found out he was being shipped to Iraq this weekend, Beirl said. Suddenly, being married got more urgent.

“He wanted to get married before he went to Iraq,” she said. “I respect his wishes. He wanted for me to know things were going to be OK no matter what happened.”

The couple learned about two weeks ago that there was no way to get married in Wisconsin under their circumstances, so they are doing paperwork to get married by proxy in Montana.

Wisconsin law requires the bride and groom to apply for a marriage license in person and both must be physically present within the state for the marriage ceremony for it to be legally recognized, Ashland County Clerk Pat Somppi said.

Beirl said that’s ridiculous.

“There is no way for him to pick up and just come back here for a couple of days,” she said.

Somppi, who has worked in the clerk’s office for 40 years, said she sympathized with the couple but there was nothing she could do.

“This has never come up,” she said. “You have to be here. How would we know this guy really wants to get married to her? It is just hearsay. We have to see the people.”

Four states — Colorado, California, Texas and Montana — allow marriage by proxy, said Jack Tweedie, director of children and families program for the National Conference of State Legislatures.

Montana is the only one that allows both parties to use proxies if one is on active military duty, he said.
“It is not a big issue around the country,” Tweedie said.
S&B Professional Services Inc. is a Pennsylvania company that arranges marriages by proxy.
“I can only say we have been in business for five years and have done many, many, many legal double proxy marriages through the state of Montana,” co-owner Sam Geller said in a telephone interview. “We have helped out so many people in difficult situations, mostly military.”
The process takes about three weeks and costs about $900.
Sherman argues that technology, such as live video, should be a way to do long-distance marriages, and he intends to introduce legislation next year permitting it to meet the in-person requirement.
Live witnesses would be able to identify the people involved and “provide adequately for there not to be fraud, especially in a military case. Officers can be there,” Sherman said.
If all goes as planned, Beirl said she will be married within three weeks with a proxy wedding in Montana.
“They just do it,” she said. “It is very exciting. He wanted this. We are having a big wedding when he gets back.”

Wasaudaily

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