Marriage Laws in Wisconsin (2026): The Complete Legal Guide
Most people think getting married is simple. You say “I do” and that’s it, right? Actually, Wisconsin has specific laws you need to follow. Miss one step, and your marriage might not be legal.
Let me break down exactly what you need to know. Trust me, this is simpler than it sounds.
What Is Marriage in Wisconsin?
Marriage in Wisconsin is a civil contract. Both parties must consent, and it creates the legal status of spouses. Basically, it’s a legal agreement between two people.
Wisconsin recognizes marriages between any two people, regardless of gender. Same-sex marriages have been legal and recognized since the 2015 Obergefell v. Hodges Supreme Court decision. The state treats all married couples equally under the law.
Here’s something important. Wisconsin is a community property state. This means most things you get during marriage belong to both of you equally. More on that later.
Age Requirements
You must be at least 18 years old to get married in Wisconsin. No exceptions for anyone under 16.
If you’re 16 or 17, you can marry with written parental consent. Both parents or your legal guardian must sign the consent form. They need to do this in front of the county clerk or a notary public.
Hold on, this part is important. There’s currently a bill in the Wisconsin Legislature that could change this. Proposed legislation would eliminate child marriage entirely and set the minimum age at 18 with no exceptions. The bill hasn’t passed yet, but it’s something to watch.
Getting Your Marriage License
Okay, here’s where things get specific. You can’t just show up and get married. You need a license first.
Where to Apply
You must get your marriage license from the county clerk. Good news though. You can apply in any Wisconsin county, even if you’re not a resident. The license works anywhere in the state.
If one of you lives in Wisconsin, apply in that person’s county. If you’re both from out of state, apply in the county where you’ll have the ceremony.
When to Apply
You must apply at least six days before your wedding but not more than 30 days before. Wait, let me clarify that. There’s a waiting period.
You apply for the license. Then you wait at least three calendar days. On the fourth day, you can pick up your license. After you get it, you have 60 days to actually get married.
Sound complicated? It’s actually not. Just plan ahead.
Waiving the Waiting Period
Need to get married faster? Counties can waive the three-day waiting period at their discretion for an additional fee. The waiver costs between $5 and $25, depending on your county.
You’ll need a good reason though. Medical emergencies or military deployment usually qualify. Each county clerk decides what counts as a valid reason.
What It Costs
Marriage license fees vary by county. Here’s what different counties charge:
Burnett County charges $75. Eau Claire County charges $105. Waukesha County charges $110. Milwaukee County charges $120. Marathon County charges $125.
Most counties accept cash, checks, and cards. Some charge an extra 3% fee for credit cards. The license fee is non-refundable, so make sure you’re ready.
Required Documents
Both of you must apply together in person. You can’t send someone else or apply separately.
Bring these items:
Valid photo ID like a driver’s license or passport. Proof of current residence such as a utility bill or bank statement. A certified birth certificate with a raised seal. Hospital birth certificates don’t count.
Your Social Security number if you have one. If you were born outside the US, a passport works instead of a birth certificate.
Wondering if this applies to you? If either of you was married before, you need extra paperwork.
Previous Marriage Requirements
This one catches people off guard. If either partner was previously married, you must provide documentation showing how that marriage ended.
You’ll need one of these:
- Final divorce judgment with the judge’s signature
- Certified divorce certificate
- Legal annulment papers
- Death certificate of former spouse
Here’s the kicker. Wisconsin law says you cannot remarry until six months after your divorce is finalized. This applies even if you got divorced in another state.
Yep, that’s all you need. Six months minimum waiting period after divorce.
Wedding Details Required
Before you apply, you must have these details finalized:
- Your exact wedding date
- The county where you’ll marry
- The specific city, village, or township
- Your officiant’s name, address, and phone number
The county clerk requires this information at the time of application. You can’t get a license without it.
Who Can’t Get Married?
Wisconsin has strict rules about who cannot marry. Let me break this down.
No one can marry while they have a living spouse. That’s bigamy, and it’s a crime in Wisconsin. More on penalties later.
First cousins can marry, but only if the woman is at least 55 years old or one partner provides medical proof of permanent sterility. Pretty specific, right? This is an unusual law that most states don’t have.
People who lack the mental capacity to understand marriage cannot marry. If someone is under guardianship, they may have been found incompetent to marry. However, don’t assume this. Check the guardianship documents.
Anyone under 16 cannot marry under any circumstances.
The Wedding Ceremony
Now, here’s where it gets better. Once you have your license, you need an actual ceremony.
Who Can Officiate?
Wisconsin allows marriages to be performed by clergy members, judges, court commissioners, or qualified religious appointees. Online ordinations are generally accepted, but it’s your responsibility to verify your officiant is qualified.
The state doesn’t verify officiant credentials. If your officiant isn’t legally qualified, your marriage might not be valid. So double-check this.
Witness Requirements
At least two competent adult witnesses must be present at your ceremony. They can’t be the officiant. They need to be 18 or older and mentally competent.
One exception exists. If one partner is on active military duty, only one witness is required.
Filing the Certificate
Your officiant has three business days after the ceremony to file your marriage certificate. They can file it with any Register of Deeds office in Wisconsin.
This step is critical. Without proper filing, you’re not legally married. Make sure your officiant knows this deadline.
Common Law Marriage in Wisconsin
Hold on, this part is important. Wisconsin does not recognize common law marriage. It doesn’t matter how long you’ve lived together. You’re not married unless you got a license and had a ceremony.
Common law marriage was abolished in Wisconsin in 1917. That was over a century ago.
But wait, there’s more to know. Wisconsin will recognize common law marriages that were legally established in states that allow them.
For instance, if you formed a common law marriage in Texas, then moved to Wisconsin, your marriage is still valid here. You just need documentation proving it was legal in Texas.
Property Rights in Marriage
Honestly, this is the part most people miss. Wisconsin’s property laws are different from most states.
Community Property
Wisconsin is a community property state, meaning almost all assets and debts acquired during marriage are presumed equally owned by both spouses.
This includes:
- Income from either spouse
- Real estate bought during marriage
- Vehicles purchased during marriage
- Retirement and investment accounts
- Business interests
Basically, if you got it after saying “I do,” you both own it equally.
Separate Property
Property owned before marriage, or received as a gift or inheritance, is considered individual property if not mixed with marital property.
Keep your premarital stuff separate if you want it to stay yours. Once you mix it with marital property, things get messy.
Prenuptial Agreements
Confused about the difference? Let me break it down. Wisconsin allows couples to enter into marital property agreements that set alternative guidelines for classifying property.
These agreements let you decide what’s individual and what’s marital. They’re especially important if:
- Either of you has been married before
- One of you owns a business
- Either of you has significant assets
- You have children from previous relationships
Pretty straightforward. Get a prenup if you want different rules than what the state provides.
Rights for Unmarried Couples
Not ready to get married? You need to know your rights are limited in Wisconsin.
Unmarried couples are not entitled to the same protections married couples receive during a breakup. There’s no automatic property division. No spousal support. Nothing like a divorce.
However, Wisconsin law recognizes rights and obligations between unmarried cohabiting partners through contract law. This comes from a 1987 case called Watts v. Watts.
Honestly, I think this law makes sense. If you contribute to a home or business, you might have a claim to it. But you’ll need to prove your contributions in court.
Cohabitation Agreements
A cohabitation agreement is a document created by two individuals who have decided to live together.
These agreements can cover:
- How you’ll split bills
- Who owns what property
- What happens if you break up
- Child custody and support
Wondering if this applies to you? If you’re living with a partner and not married, you probably need one of these agreements.
Marriage Abroad
If Wisconsin residents get married in another state or country where they wouldn’t be allowed to marry in Wisconsin, that marriage is void in Wisconsin.
For example, if you’re 17 and get married in a state that allows it, Wisconsin won’t recognize your marriage when you return. Both parties could face up to nine months in jail and fines up to $10,000.
This applies to anyone who leaves Wisconsin specifically to get around Wisconsin’s marriage laws. Don’t try to game the system.
Changing Your Name
Many people change their name after getting married. Here’s how it works in Wisconsin.
You can change your name within two years of marriage. After that, you’ll need to go through a legal name change process, which is more complicated and expensive.
To change your name:
- Get a certified copy of your marriage certificate from any Register of Deeds office
- Apply for a new Social Security card (you can do this online 30 days after marriage)
- Update your driver’s license at the DMV
Most people start with Social Security, then move to the DMV. That order makes sense.
Penalties for Violations
Let’s talk about what happens if you break these laws. Wisconsin takes marriage fraud seriously.
Bigamy
Getting married while you still have a living spouse is bigamy. It’s a Class I felony in Wisconsin.
That means you could face:
- Up to 3.5 years in prison
- Fines up to $10,000
- Both prison time and fines
Think of it like committing fraud, but more serious. Don’t do it.
Fraudulent Marriage Applications
Lying on your marriage application is also a crime. Providing false information can result in up to nine months in jail and fines up to $10,000.
This includes:
- Lying about your age
- Hiding a previous marriage
- Using fake documents
- Claiming to be someone else
Be honest on your application. The consequences aren’t worth it.
Underage Marriage Violations
Remember that minimum age of 16? Anyone who helps someone under 16 get married faces criminal penalties.
This applies to:
- Parents who give consent
- Officiants who perform the ceremony
- County clerks who issue licenses
Everyone involved can face charges. Don’t help minors circumvent the law.
Special Circumstances
A few situations need special attention. Let’s cover them.
Military Service
If one partner is on active military duty, only one witness is required at the ceremony instead of two.
Some counties also expedite the waiting period waiver for military members. Ask your county clerk about this.
Foreign Documents
Any documents in a foreign language must have a certified English translation. This includes:
- Birth certificates
- Divorce decrees
- Death certificates
The translation must be notarized. You can’t just translate it yourself.
Non-English Speakers
Both applicants must be able to speak and read English. If you don’t speak English, you must bring a translator to your appointment.
The translator must be neutral. Your partner can’t translate for you. Neither can family members who have an interest in the marriage.
Disabilities
People with disabilities have the same right to marry as everyone else. County clerks must provide reasonable accommodations.
If you need assistance, call the county clerk’s office before your appointment. They’ll work with you to make the process accessible.
Getting Your Marriage Certificate
Your officiant files the original certificate. But you’ll probably need certified copies.
Certified copies can be purchased from any Wisconsin Register of Deeds office or from the State Vital Records Office.
You’ll need certified copies for:
- Name changes
- Insurance coverage
- Immigration purposes
- Benefits enrollment
- Estate planning
It’s illegal to make copies of the original certificate. Always buy certified copies when you need them.
Correcting Errors
Made a mistake on your marriage certificate? Corrections can be made within 365 days of marriage without a court order.
After one year, you’ll need a court order to make changes. This is expensive and time-consuming.
Check your certificate carefully when you get it. Fix errors right away.
Frequently Asked Questions
Do we need blood tests to get married in Wisconsin?
No, Wisconsin does not require blood tests or physical exams for marriage. This requirement was eliminated years ago.
Can we get married the same day we apply?
No. Wisconsin requires a three-day waiting period minimum. You can pay for a waiver, but it costs extra and requires county clerk approval.
What if we lost our marriage license before the ceremony?
Contact the county clerk’s office immediately. Counties may charge a fee to replace the document. Don’t wait until your wedding day to deal with this.
Can first cousins get married in Wisconsin?
Yes, but only if the woman is at least 55 years old or one partner has medical proof of permanent sterility. This is one of Wisconsin’s unique marriage laws.
How long is our marriage license valid?
Your license expires 30 days after it’s issued, so your marriage must occur during that time. Don’t delay your ceremony.
Can we get married in Wisconsin if we live in another state?
Yes. Wisconsin allows non-residents to get married here. Just apply in the county where your ceremony will be held.
What happens if our officiant forgets to file our certificate?
Contact them immediately. They have three business days after the ceremony. If they miss the deadline, contact the county clerk for guidance. Your marriage might not be legally recognized until it’s properly filed.
Do we both need to be present to pick up the license?
Either partner can pick up the license with their photo ID. You don’t both need to go.
Can same-sex couples get married in Wisconsin?
Absolutely. Wisconsin has recognized same-sex marriage since 2015. All marriage laws apply equally regardless of gender.
What if we want to get married in another country?
When married outside the United States, it’s your responsibility to obtain proper legal documents from that country. Get certified copies before leaving the foreign country. If the certificate is in another language, get it translated and notarized.
Final Thoughts
Now you know the basics. Getting married in Wisconsin requires planning, proper documents, and following the rules. It’s not hard, but you can’t skip steps.
Remember the key points:
- Get your license at least four days before your wedding
- Both of you must apply in person
- Bring all required documents
- Choose a qualified officiant
- Make sure your certificate gets filed within three days
Stay informed, plan ahead, and when in doubt, call the county clerk’s office. They’re there to help you get it right.
Congratulations on your upcoming marriage. Best wishes for your future together.