How to Get Married in Wisconsin

To get legally married in the State of Wisconsin, you need to obtain a Wisconsin marriage license.

Am I required to have a ceremony to be legally married?

No. A ceremony is not required to be legally married in Wisconsin. You are not even required to have an officiant, as long as you have the appropriate number of witnesses and the proper paperwork, including your marriage license.

Where do I apply for a Wisconsin marriage license?

As long as at least one party is a Wisconsin resident, you may obtain your marriage license from the county clerk of any county in the state. You are not required to apply in your county of residence.

If one party is a nonresident of the state, the nonresident's part of the application may be completed and sworn to or affirmed before the person authorized to accept marriage license applications in the county and state in which the nonresident resides.

Am I required to be married in the same county that issued the license?

No. If your marriage license is granted by a Wisconsin County, it may be used in any county within the state.

How long does it take to obtain a marriage license in Wisconsin?

In Wisconsin, it typically takes four business days to obtain a marriage license.

The timeline begins when you submit an application to the County Clerk’s Office. There is then a three-day waiting period (not including weekends or federal holidays) before the county will issue the marriage license.

The first day of the waiting period is typically the next business day after the day the application is filed. For example, if you file your application on a Friday, the three-day waiting period will begin the following Monday, granted the following Monday is not a federal holiday.

At the county clerk’s discretion, the three-day waiting period may be shortened upon request and payment of a fee of no more than $25.

Can a marriage license application be completed too early or too late?

Yes – it is important to pay attention to the marriage license timeline with respect to your wedding date.

You must complete your marriage license application between 4 and 30 days prior to the date of your wedding date. If your original wedding date changes you will have to get married within 60 days of it’s issuance, or else you’ll have to apply for another license.

When does my marriage license need to be returned?

Your Marriage License needs to be returned to the Register of Deeds of any Wisconsin County within three days following the marriage date. There is no requirement that the marriage license be returned to the same county that issued it.

Does a past divorce impact my timeline for obtaining a marriage license?

Yes. In Wisconsin, you must wait six months from the date of the final divorce judgment (regardless of where the divorce was granted) before a new marriage license can be issued.

What if the county clerk rejects my paperwork?

If a county clerk rejects your application based on the paperwork provided, you have the right to submit your documents to a judge for review.

How do I obtain my marriage license after it is issued?

Either applicant may pick up the marriage license from the County Clerk’s Office where the application was completed, following the three-day waiting period. The applicant should bring along a valid photo I.D.

Can I get married without a ceremony?

You do not have to have a formal ceremony to get legally married in Wisconsin. Parties can get married with only witnesses and the proper documents.

Common Law Marriage in Wisconsin

What is Common Law Marriage?

Common Law Marriage is a legally recognized marriage between two people who have not purchased a marriage license and did not have a wedding ceremony, usually because they have cohabitation for a significant period. In states that recognize common law marriage, a couple typically has to have been living together for seven or ten years to claim common law status.

Does Wisconsin Recognize Common Law Marriage

No, Wisconsin has not recognized common law marriage as a legal marriage since 1917.

If a cohabitating couple separates, the parties are not entitled to the same rights as a married couple who divorces in respect to marital property, child custody or placement, regardless of how long the parties had been cohabitating prior to separation.

Wisconsin does recognize domestic partnerships for same-sex couples, which carry a similar set of rights to legal marriage.

How are Custody and Placement Handled by Cohabitating Parties who Separate?

In contrast to a divorce, where the father is granted presumed paternity rights, an unmarried father must establish paternity rights within the court. This may be accomplished in two ways:

A paternity acknowledgment, signed by both the father and the mother
Genetic testing.

Visitation will be established based on a parenting plan or placement schedule that is agreed to by the parties. If paternity is established, but the parties cannot come to agreements on placement schedules or custody, the courts will make a ruling on placement based on the best interest of the child.

How is Property Division Handled by Cohabitating Parties Who Separate?

Because cohabitation does not result in a legal marriage, property division is handled significantly differently than it would be in a divorce.

When cohabitating parties separate and disputes arise over formerly shared property, the parties will have to file something called a Watts case. While the process is not identical to the division of marital property, the goal of a Watts case is to divide shared property equitably and avoid the unjust enrichment of one party to the detriment of the other.

How Can I Protect Myself if I Separate From My Non-Marital Partner?

The law does offer some protection to non-martial partners. During a relationship, some couples will draft a cohabitation agreement to establish an understanding of how assets and other financial interests are handled or divided.

When unmarried couples separate, the law prohibits what is called unjust enrichment. Unjust enrichment is a situation where one party benefits at another party’s expense. An unmarried person must bring a civil action in court to assert their specific interest in property matters, however, and they will not be able to use the well-defined process of divorce.

By filing a Watts case, a partner can use the power of the court to equitably divide the property acquired during the non-marital relationship.

Similarly, an unmarried father does not have the same inherent rights to child custody and placement as a married father and must establish paternity to assert his interest. After paternity is confirmed, the child’s placement with both parents can be addressed.

If you are unmarried and considering separation, contact Divergent Family Law to discuss how to protect yourself through the process.

What is Unjust Enrichment?

Unjust enrichment refers to a situation in which one party is unfairly compensated for the efforts contributed by that party to the relationship, with respect to assets or property obtained by the parties while cohabitating.

An unjust enrichment claim often arises when one party feels he or she is not receiving a fair share of the property or assets acquired within the timeframe of the relationship.

Is There a Way to Legally Protect My Rights While Cohabitating with My Partner?

If you plan to live with a long-term partner outside of a legal marriage or civil union, you and your partner can choose to complete a cohabitation agreement form. This form can help couples navigate important topics and document how important decisions will be made in the event of the separation of death or a partner. Topics commonly included in a cohabitation agreement include: