Wisconsin marriage license rules

A waiver of the waiting period may be granted for an additional fee. The waiver fee differs by county. License Validity: 30 Days. Blood Test: Not Required. Residency: Not Required. The license can then be used in any county in the State of Wisconsin. Non-Wisconsin Residents : Must apply in the county in which they are to be married.

Witnesses: Two 2 competent adult witnesses must be physically present together at the time of the ceremony in order for the marriage to be legal. Applicants are required to present current photo identification. Applicants are required to present their social security number, if assigned. Hospital and baptism certificates cannot be accepted.

If previously married — please bring applicable document as is required: Certified copy of death certificate Copy of state annulment papers Copy of prior divorce papers — Findings of Fact, Conclusions of Law Applicants Applicants should be prepared to provide their parents full names. Applicants should also know the name of the county and municipality city, village or town where the ceremony will take place.

Couples cannot translate for each other. Any documents not in English must be translated. Marriage Residency Requirement: Wisconsin Residents: Must apply for a marriage license at the County Clerks office in the county one of the parties has resided in for at least 30 days prior to making application.

Non-Wisconsin Residents: Must apply in the county in which they are to be married. Previous Marriages: Search Marriage Divorce Records In Wisconsin, you must show proof of divorce, death, or civil annulment from your most recent marriage. A divorced person may not remarry until 6 months after the granting of the Judgment of Divorce regardless of where the action took place. Bring a copy of judgment of divorce, legal annulment or death certificate from your most recent marriage.

Marriage License Fees: The fee for a Wisconsin marriage license varies by county and is required at the time of application. What is marriage? Translate non-English documents Any legal document that you present—birth, annulment, divorce, or death certificate—not written in English must be accompanied by a certified and notarized English translation.

Residency requirements Your residence is defined as where you resided for the past 30 days immediately prior to submitting your application. One or both are residents If you or your prospective spouse is a resident of Wisconsin, obtain your marriage license from the county of either's residence.

Neither is a resident If neither you nor your prospective spouse is a resident of the state, obtain your license from the county where the marriage ceremony will take place. Why the disparity? Who gets the money? Certificate not included Purchasing a marriage license does not mean you'll automatically receive a certified copy of your marriage certificate. Application It takes about 30 to 60 minutes to process your application, so plan accordingly.

Questions for you You'll be asked to supply the following information on your marriage license application a.

Application is a public record The county clerk will insert a partial transcription of your application into a "marriage license docket" that is open to the public for inspection during normal business hours.

Dispatch to vital records Your original application will be forwarded to the state registrar's vital statistics office , located at the Department of Health Services within five days after your license is issued. Waiting period Your marriage license will be issued to you five days after you submit your application.

It's five days, not six days If the county clerk tells you there's a six-day waiting period, it's because he or she is including the current day, but it really is just five days, as that's what state law stipulates. Application day, pick up day The table below illustrates what the pick up day will be depending on which day you apply on.

The date of application and issuance it's effective date will be shown on the license. Issued license and certificate Your issued marriage license is actually a two-part document: marriage license and marriage certificate worksheet.

The "marriage license" section The marriage license—completed by the county clerk—authorizes your marriage to take place. The "marriage certificate worksheet" section The marriage certificate worksheet— to be completed by the officiant —is used to document the facts of your upcoming marriage ceremony. Expiration Your marriage license will expire 30 days after issuance, after which it will be void. Identification Identification requirements are threefold: birth , identity , and residence.

Proof of birth You must present a certified copy of your birth certificate, no matter how old you are. Proof of identity You must present one form of valid photo identification, such as a driver's license, non-driver's ID card, state-issued ID card, military ID card, passport, permanent resident card, or certificate of naturalization. Proof of residency You must exhibit proof of residency, as Wisconsin requires state residents and nonresidents to apply differently, depending on where they've been recently domiciled.

Insufficient documents If the county clerk is not satisfied with the documents you've provided, he or she must solicit the opinion of a judge of any court of record within the county to determine if the available evidence is adequate. Health requirements Blood test You are not required to obtain a blood test in order to get a marriage license.

Fetal alcohol syndrome and cocaine The county clerk is obligated to provide you information about fetal alcohol syndrome and how the use of cocaine and other drugs can negatively affect a pregnancy. Age requirements Ages 18 and above If you're at or above the age of 18, you can get married without having to obtain consent from anyone.

Ages 16 and 17 If you're 16 or 17 years old, you must obtain written consent to marry from a custodial figure that has care and supervision over you. Ages 15 and below If you're at or below the age of 15, you cannot lawfully marry in this state, regardless of consent.

Who grants consent? Following are the possible persons or entities authorized to grant consent for you to marry: Guardian If you have a court-appointed legal guardian, he or she is the sole decider in determining your eligibility to marry. Custodian If you don't have a guardian, but do have an appointed custodian, the custodian is the person authorized to consent to or reject your request to enter into a marriage. Both parents If both your parents are alive and retain equal custody of you, the consent of both to your marriage is essential.

Custodial parent If both your parents are alive, yet only one serves as your custodial parent, he or she must grant consent for you to marry. Sole living parent If you have only one living parent who maintains custody of you, that is who must grant consent for you to marry. Agency or department If you're under the custodial care of an agency or department, instead of a person, that organization must grant consent for you to marry and have it backed up with a probate court hearing.

No parent, guardian, or custodian If you have no guardian, custodian, or parent, then you're in a rare situation which requires the probate court to be the sole deciding voice on whether or not you may marry. Granting written consent Whoever grants consent to your marriage must put it in writing, upon a readymade consent form, available from the county clerk's office.

In person If the person granting consent for you to marry accompanies you to the making of the application, their consent must still be put in writing and presented to the county clerk, under oath.

Remotely If the person who's going to consent to your marriage is unable or unwilling to do it in person, before the county clerk, it can be expressed through an affidavit, before a notary public or other official who's allowed to receive affidavits. Previous marriages Proof of widowhood If your last marriage left you a widow or widower, you must show the county clerk a certified copy of your spouse's death certificate.

Proof of divorce If your last marriage ended in divorce or annulment, you must present a certified copy of your divorce decree or annulment papers to the county clerk. Unavailable proof If you're unable to obtain certified documents proving your divorce, annulment, or spouse's death, provide other credible documentary evidence. Six-month moratorium for divorcees Wisconsin imposes a six-month delay between the final judgment of divorce and remarriage.

Prohibited marriages Bigamy If you have a living husband or wife, you cannot get married again until your prior marriage has been legally dissolved. Between family members You cannot marry anyone in your family who's closer to you than a second cousin—whether related by whole blood, half blood, or adoption—which rules out the following relations: Grandparent Parent Child Grandchild Sibling Aunt Uncle Niece Nephew First cousin First cousin exception You may marry your first cousin if you meet either of the following conditions: You're a female who's at least 55 years old.

You're permanently sterile and submit a signed physician's affidavit attesting to that fact. Incompetence You cannot marry if you're incompetent, meaning you lack sufficient understanding to consent to marriage.

Evading the law Residents marrying out-of-state If you're a Wisconsin resident who contracts an out-of-state marriage that would be prohibited by the laws of this state, that marriage would not be recognized here. Nonresidents marrying here If you're a nonresident who gets married in Wisconsin, the marriage would be void if it could not have lawfully taken place in your state or country of residence. Authorized officiants The person who solemnizes your marriage is called the officiant.

The state authorizes the following persons to officiate your marriage: Clergypersons Your marriage may be solemnized by any active and ordained member of the clergy, belonging to any religious denomination or society, from Wisconsin or out-of-state.

Judicial officers Your marriage may be performed by any appointed or elected judge of a Wisconsin court of record, including circuit court judges, municipal judges, reserve judges, tribal judges on a state Indian reservation, and federal judges having jurisdiction in the state. Parties to the marriage You and your prospective spouse may perform a self-solemnization—where you act as your own officiant—as long as it's in compliance with the conventions of the religious society, denomination, or sect that either belongs to.

Solemnization Before your marriage ceremony can be solemnized, the officiant has a duty to determine that the persons named in the marriage license are actually in attendance and that no legal impediment to the proposed marriage exists. Adult witnesses At least two competent adult witnesses aged 18 or above—not including the officiant—must be present during the ceremony. For example, the following group of four attending witnesses would be acceptable: Witness 1: 18 years old Witness 2: 18 years old Witness 3: 10 years old Witness 4: 15 years old Completing the license Once your ceremony is done, the officiant must legibly fill out—also referred to as certifying or endorsing—the "officiant" portion of the marriage license in black ink by detailing the following: Officiant's name, signature, mailing address, phone number, and email address Date of marriage Place of marriage, including location e.

Self-uniting marriage caveat If you and your spouse are opting to solemnize your marriage yourselves , in lieu of employing an officiant, you will both be responsible for properly completing and transporting the marriage license.

Unlawful performance If your marriage is solemnized by someone who lacked the authority or jurisdiction, it would not invalidate your marriage as long as it was otherwise lawful and you, or your spouse, or both fully believed it was legitimately conducted at the time.

Registering the return Once your completed and delivered marriage license has been received by the register of deeds, it will be registered. Marriage certificate You can obtain a certified or uncertified copy of your marriage certificate a. Certified copy features Here's what you'll get with a certified copy of your marriage certificate, or any other vital record: Printed on special security paper Contains an official raised seal Contains the register of deed's or state registrar's signature Can be used for identity and legal purposes e.

Remarriage or vow renewal Wisconsin does not permit a marriage license be issued to a couple who are already married to each other. Common-law marriage Wisconsin does not, nor has it ever, recognized common-law marriage as legitimate.

Proxy marriage You cannot get married by proxy, which is when you employ a stand-in to take your place. The next step Now that you understand what it takes to effectively apply for a marriage license in this state, you must choose where to go. Leave a Reply Your email address will not be published. Post Comment Cancel Reply. WI Office Locations Below are the 72 counties in Wisconsin where you can apply for a marriage license.

Adams County 20, population. Ashland County 16, population. Barron County 45, population. Bayfield County 15, population. Brown County , population. Buffalo County 13, population. Burnett County 15, population. Calumet County 48, population. Chippewa County 62, population. Clark County 34, population. Columbia County 56, population. Crawford County 16, population. Dane County , population. Dodge County 88, population. Door County 27, population.

Douglas County 44, population. Dunn County 43, population. Eau Claire County 98, population. Florence County 4, population. Hi Shine. Since your partner lives in Wisconsin, you must apply in their county of residence. Specifically the Dane County Clerk's office. Hi Tara. You may have to setup an appointment. It depends on the county. Which county are you applying in? Should we get the marriage license in Douglas County since that is where the wedding will take place? Hi LaNae. Since your both residents of Wisconsin, you may apply in either county, then get married anywhere in the state.

I am originally from Wisconsin but live in California. We are flying to Wisconsin so that my family can attend. We would like to have a family member marry us at my family home.

We would apply and pay to waive the waiting period. You'll still have to apply as a nonresident. Meaning you'll have to apply in the county where your marriage ceremony will take place. Just wanted to make sure that there was nothing special that needed to be done to have my brother, who got ordained online, to perform the ceremony at my daughters wedding. He is a resident of Iowa, my daughter and husband to be are residence of Dane County and will be getting married in Sauk County.

Common-law marriage has diverse names, from "marriage in fact", "marriage by repute and habit", "informal…. Apart from imposing penalties and fines on offenders across the divide, states around the country have enacted laws imposing non-offender…. One of the truths from research is that through premarital preparation courses and programs divorces are reduced and healthy marriages….

Where to Apply Where can I get a marriage license? Costs How much does a marriage license cost? Residency How does my residency factor into applying? One of you is a Wisconsin resident? Neither is a Wisconsin resident? If neither of you live in Wisconsin, apply in the county where the marriage will take place.

Usage Where can I use my marriage license? Application What will the application ask of me? Are foreign documents accepted? Attendance What if I can't apply in person? What if either of us can't speak English? Age Requirements How old must I be to marry? Aged 18 and over?

If you're at least 18 years old, you don't need parental consent to marry. Aged 16 and 17? Aged 15 and under? Fifteen year olds and younger can't legally marry. How can consent be granted? Waiting Period How soon will I receive my marriage license? Can the waiting period be waived? Expiration When will my marriage license lapse? Your marriage license will expire 30 days after issuance.