GET ORDAINED

Wisconsin Statutes 765.09

Identification of parties; statement of qualifications.

765.09 ::: Identification of parties; statement of qualifications. ::: (1)  (a) No application for a marriage license may be made by persons lawfully married to each other and no marriage license may be issued to such persons. (b) Paragraph (a) does not apply to persons whose marriage to one another is void under s. 765.03 (2) and who intend to intermarry under s. 765.21. (2) No marriage license may be issued unless the application for it is subscribed by the parties intending to intermarry, contains the social security number of each party who has a social security number and is filed with the clerk who issues the marriage license. (3)  (a) Each applicant for a marriage license shall present satisfactory, documentary proof of identification and residence and shall swear to or affirm the application before the clerk who is to issue the marriage license or the person authorized to accept marriage license applications in the county and state where the party resides. The application shall contain the social security number of each party who has a social security number, as well as any other informational items that the department of health services directs. The clerk shall accept as proof of identification documentation as set forth under par. (b). The portion of the marriage application form that is collected for statistical purposes only shall indicate that the address of the marriage license applicant may be provided by a county clerk to a law enforcement officer under the conditions specified under s. 765.20 (2). (b) Each applicant for a marriage license shall exhibit to the clerk a certified copy of a birth record, and each applicant shall submit a copy of any judgment or death record affecting the applicant's marital status. If any applicable birth record, death record, or judgment is unobtainable, other satisfactory documentary proof of the requisite facts therein may be presented in lieu of the birth record, death record, or judgment. If an applicant presents a passport, license or identification card that meets the requirements of P.L. 109-13, permanent resident card, or naturalization paper in lieu of the birth record, the clerk shall consider such documentation satisfactory documentary proof for purposes of this paragraph. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall notify the applicant that the applicant has the right to request review of the submitted material by a judge of a court of record and shall, upon request by an applicant, submit the presented proof to a judge of a court of record in the county of application for an opinion as to its sufficiency. (c) For purposes of par. (b), the clerk shall have discretion to determine whether a document is unobtainable.

1977 c. 418; 1979 c. 32 s. 48; 1979 c. 221; Stats. 1979 s. 765.09; 1981 c. 20; 1985 a. 103; 1995 a. 27 s. 9126 (19); 1995 a. 469; 1997 a. 191; 1999 a. 85; 2007 a. 20 s. 9121 (6) (a); 2007 a. 214; 2017 a. 334.; 2021 a. 84.


Back to Wisconsin Marriage Laws

More Wisconsin Marriage Laws



Marriage Laws by State

Professional Wedding Officiant Certification Course

Learn from the Pros to Officiate with Confidence!

Who Will Officiate Your Wedding?

Choose Your Officiant with our "Will You Marry Us?" Gift Package.

Signature Wedding Officiant Package

Our premiere package contains everyting you need to officiate like a pro.

Subscribe To Our Newsletter!

Checkout the AMM Blog

Stay up-to-date with the latest wedding industry trends.

Sample Wedding Ceremony Scripts

Need inspiration? Check out our free ceremony scripts!

Wedding Officiant Training

Wedding Officiant Training

Everything you need to know to officiate.

MORE Wisconsin OFFICIANT RESOURCES

GET ORDAINED
WITH AMM

Become a Wedding Officiant with Our Free Online Ordination!