Marriage Information

Wisconsin Marriage License

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How to Apply for a Wisconsin Marriage License

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:

Wis. Stats., 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.

Applying for the License

Both applicants must apply in person. Each applicant must present a government-issued issued, certified birth certificate. Birth certificates 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 the license. Social Security numbers are required on the marriage application, if applicants have a Social Security number. If you know your number, we do not need to see the Social Security card. A picture ID (driver’s license, passport, etc.) must be presented at the time of application. Divorced persons must present divorce judgment papers. Widows or widowers must present a certified death certificate. When application for the marriage license is made, the applicants must have a wedding date set and provide us with the name of the officiant, his or her phone number and address, and the municipality and county where wedding is taking place.

Waiting Period

The marriage license goes into effect six days after the day of application. After this waiting period, the license is good for 30 days and the wedding must take place during this 30-day time period. In some cases, the 6-day waiting period may be waived for an additional $25.00 fee.

Residence

Wisconsin residents must apply in the county where at least one party has resided for at least the last 30 days. The wedding can take place anywhere in Wisconsin. Proof of residence must be submitted at the time of application. Proof of residence can be a driver’s license with a current address, utility bill, checkbook, bank statement, etc. If neither party are residents of Wisconsin, then application for the marriage license must be made in the county where the ceremony is to be performed. Similar proof of out-of-state residence must also be submitted (driver’s license, checkbook, etc.).

Oath

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

Objection

Wis. Stats. 765.11(1) If any parent, grandparent, child, or natural guardian of a minor applicant for a marriage license, any brother, sister, or guardian of either of the applicants for a marriage license, either of the applicants, the district attorney, or a circuit court commissioner believes that the statements of the application are false or insufficient, or that an applicant is adjudicated incompetent without the right to marry, that person may file with the court having probate jurisdiction in the county in which the marriage license is applied for, a petition under oath, setting forth the grounds of objection to the marriage, and asking for an order requiring the parties making the application to show cause why the marriage license should not be refused.

Expiration

License must be used within 30 days of issuance date.

Marriage License Information Line

(920) 232-3430. A recorded message about marriage license requirements is available 24 hours per day.

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Ceremony

Officials

Wis. Stats. 765.16

(1m) ......The following are authorized to be officiating persons:

(a) Any ordained member of the clergy of any religious denomination or society who continues to be an ordained member of the clergy;

(b) 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;

(c) 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;

(d) Any judge of a court of record or a reserve judge appointed under S. 753.075;

(e) Any circuit court commissioner appointed under SCR 75.02 (1) or supplemental courtcommissioner appointed under S. 757.675(1);

(f) any municipal court judge.

(2m) An officiating person under sub. (1m) (a), (b), (d), (e), or (f) must be at least 18 years old.

Witnesses

Two adults (18 years of age or older) are required to witness the ceremony and sign the marriage license. 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 goes to another state to get married to avoid Wisconsin laws (i.e. six month waiting period after a divorce) that marriage is not legal in Wisconsin.

Cost

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

We do not accept credit or debit cards.

If the six-day waiting period is waived, there will be an additional fee of $25.00.

If office personnel travel off-site to complete an application, an additional $10.00 fee will be charged.

All fees associated with the application process are nonrefundable.

Office Hours - 112 Otter Avenue, Oshkosh, WI 54901

8:00 a.m. to 4:30 p.m., Monday through Friday – Appointments to apply for a marriage license are not required.

Susan T. Ertmer
Winnebago County Clerk
(920) 232-3430

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County Clerk - Sue Ertmer

112 Otter Avenue
Oshkosh, WI 54901
Oshkosh:(920) 232-3430
Neenah:(920) 727-2880
Fax:(920) 232-3435
Office Hours - Monday through Friday
8:00 A.M. to 4:30 P.M.