Marriage Information

 

Wisconsin Marriage License

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Eligibility Requirements

Age

Anyone may marry at age 16 with the consent of both his/her parents if they are living, or parent if they are divorced or one is deceased, or their legal guardian, or at 18 without consent. Males and females under 16 cannot marry under any circumstances. A court can no longer grant special permission in such cases.

Divorced Persons

A person who is divorced is prohibited from marrying until 6 months after the date the divorce was granted, as directed in the following state statute:

Wisconsin Statutes, Sec. 765.03 (2): It is unlawful for any person, who is or has been a party of an action for divorce in any court in this state, or elsewhere, to marry again until 6 months after judgement of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgment of divorce shall be void.

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License

Application

Both applicants must apply in person. A government issued certified birth certificate is required from all applicants. Said birth certificate must be in English, or officially translated to English.  If applicants cannot speak English, a translator will need to be present for the application process.  The translator cannot be related to either of the parties applying for a license.

Social Security numbers are required on the marriage application. A picture I.D. must be submitted at the time of application. Divorced persons must submit divorce judgment papers, and widows or widowers must submit a certified death certificate. When application is made – applicants must have a date set, name of officiant doing the ceremony and location where wedding is taking place.

Waiting Period

Application must be made to the County Clerk’s office with a minimum of five full days between the day of application and the day of the marriage. In some cases, the 5-day waiting period may be waived for an additional $25.00 fee.

Residence

Application must be made in the county where at least one party has resided for at least the last 30 days. Proof of residence must be submitted, such as a driver’s license with a current address. If both parties are residents of other states, application must be made in the county where the ceremony is to be performed. Proof of out-of-state residence must also be submitted.

Oath

Parties must take an oath that the marriage will be lawful and the information given on the application is correct.

Objection

Parents, grandparents, children or natural guardians thereof, brothers, sisters or guardians of either party may object and prevent issuance of license if application contains willful misstatements or either of the parties is incompetent to marry. The District Attorney and Family Court Commissioner may also object.

Expiration

License must be used within 30 days after it is issued.

Marriage License Information Line

(920) 236-4893. A recorded message about marriage license requirements is available 24 hours per day.

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Ceremony

Officials

S 765.16 Wis Stats

  1. Any ordained member of the clergy of any religious denomination or society who continues to be an ordained member of the clergy;
  2. Any licentiate of a denominational body or an appointee of any bishop serving as the regular member of the clergy of any church of the denomination to which the member of the clergy belongs, if not restrained from so doing by the discipline of the church or denomination;
  3. The 2 parties themselves, by mutual declarations, that they take each other as husband and wife, in accordance with the customs, rules and regulations of any religious society, denomination or sect to which either of said parties may belong;
  4. Any judge of a court of record or a reserve judge appointed under S. 753.075;
  5. Any circuit court commissioner appointed under SCR 75.02 (1) or supplemental court commissioner appointed under S. 757.675; any municipal court judge.

Witnesses

Two adult witnesses (18 years of age or older) are required in addition to the person officiating, but they do not have to be in the wedding party.

Non-Resident

Marriage in Wisconsin of non-residents who are prohibited from marrying in the state of their residence is not legal in Wisconsin.

Out-of-State

If a Wisconsin resident leaves the state and marries to avoid Wisconsin laws, that marriage would not be recognized in Wisconsin and legal problems could ensue.

Cost

There is a fee of $95.00 to be paid at the time of application. Cash or checks are accepted.

We do not accept credit or debit cards. An additional fee of $25.00 is required to waive the 5-day waiting period.  If office personnel are required to go out to complete an application, a $10.00 fee will be charged.  All fees associated with the appplication process are nonrefundable.

Office Hours - Courthouse

8:00 a,m. to 4:30 p.m., Monday thru Friday - no appointments are necessary.

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Marriage Information

Phone:(920) 236-4893

Winnebago County Clerk - Susan T. Ertmer

Phone:(920) 236-4888