Crawford County Clerk
Marriage License Requirements
22, 2008, all those applying for a marriage license must present a
certified copy of their birth certificate
Marriage licenses should be applied for
between 7 and 30 days before the wedding. The marriage license is good
for 30 days.
There is a five day waiting period required before a license can be
issued. This is exclusive of the day of application. A $10.00
waiver fee may be paid to avoid the waiting period.
You must apply for the license in the
County where one of you has resided for the last 30 days. If both
parties are from out of State, the license is obtained in the County
where the marriage will take place.
You are required to present satisfactory proof of identification and
residence; social security numbers are also required. All applicants must provide a certified copy of their birth certificate.
The fee for a marriage license is $75.
Age - If a person is under the age of 18,
both parents or guardian must sign a consent form in person in the
County Clerk's Office.
Relationship- you may not marry someone if you are closer than second
The only exception would be if the won/man has reached 55 years of age
or if one of the party's submit an affidavit of personal sterility.
Divorced persons- A divorced person may not remarry until 6 months have
passed from the granting of the divorce. This applies if the divorce is
granted in Wisconsin or elsewhere. The Judgment of Divorce must be
presented upon application of the marriage license.
Widowed- A death certificate from the previous marriage must be
Same Sex-Persons of the same sex may not marry in Wisconsin.
Premarital Exams- Wisconsin does not require a premarital exam or blood
Officiants - A Clergyman of any religious
denomination or society or court commissioner may perform the ceremony.
The State will not question the legality of the officiant performing the
marriage as long as her/she is believed to be legally able to perform
the ceremony. The two parties may marry themselves if it is according to
the rules and regulations of any religious society, denomination or sect
to which one of them belongs.
The state does not question your beliefs if you intend to act as your
own officiant. The marriage license must be filed in the Register of
Deeds Office within three days of the ceremony.
Witnesses- Two witnesses over the age of
18 years must sign the marriage license.
applying for a marriage license, you must present a certified copy of
your birth certificate in addition to one form from the Primary
Identification list. If you do not have a Primary ID document, you must
produce two Secondary ID documents.
Identification and at least one of the two Secondary ID documents must
show your current name and address.
Expired cards or
documents are not acceptable.
FORMS OF IDENTIFICATION
Requires ONE of
the following: OR Requires TWO
of the following
Wisconsin Driver’s license with photo
Government issued employee ID badge with
Wisconsin ID with photo
Out-of-State Driver’s License/ID
Major Credit Card
Health Insurance Card
Recent dated, signed lease
Utility Bill or traffic ticket
DECLARATION OF DOMESTIC PARTNERSHIP
AND TERMINATION OF DOMESTIC
1. What is the process for applying for a
Declaration of Domestic Partnership?
- Partners who meet the criteria apply for a
declaration of domestic partnership apply with the County Clerk in the county
where they reside. They must provide necessary documentary proof
- Five days after the application is made, the
County Clerk issues the Declaration to the couple. The Clerk may
issue the Declaration sooner, if an additional processing fee is
- The Couple completes the Declaration of
Domestic Partnership, signing it before a Notary, and submits the
Declaration to the Register of Deeds. The Register of Deeds records
the Declaration and forwards the original to the State Registrar of
Vital Statistics. The domestic partnership is not effective until
the Declaration is filed at the Register of Deeds Office.
- If a couple needs to show proof of the
domestic partnership (to obtain benefits), they may purchase
certified copies of the declaration from the Register of Deeds or
from the State Vital Records Office.
2. Who may apply for domestic partnership?
Applicants must meet the following requirements:
- Both parties must be at least 18 years of age
and must be competent (to enter into a legal contract such as a
- Neither party may be married.
- Neither party can be currently in a legal
domestic partnership with another party. (See the topic “What
documents are needed to apply for a declaration of domestic
partnership” for additional information on waiting periods between
- The parties must share a common residence
- The parties must be of the same sex.
- The parties cannot be closer in relationship
than first cousins (even if they are related by adoption or by
half-blood). (Wis. Stat. § 770.05)
3. Where do you apply for domestic partnership?
- Applicants must apply in person at the County
Clerk’s office in the county in which one or both of the partners
have resided for the last 30 days immediately prior to application.
4. What paperwork is involved?
- See Question 5 for documents that applicants
must bring to show proof of identity, residency, and eligibility to
register for domestic partnership.
- Partners will complete an application form at
the County Clerk’s office.
- When the County Clerk issues the declaration
of domestic partnership (generally after five days), the partners
sign the declaration in the presence of the County Clerk or Deputy
County Clerk or another notary public.
- The partners then file the completed
declaration with the Register of Deeds in the county that
issued the declaration. There is no time limit for filing the
declaration after it has been issued. However, the domestic
partnership does not go into effect until the date the declaration
is accepted and filed at the Register of Deeds Office.
- The partners can purchase certified copies of
the declaration at the Register of Deeds Office to use as proof of
the domestic partnership. Copies may also be purchased at the State
Vital Records Office.
4. How much does it
- The fee for applying for a declaration of
domestic partnership is set by each county board. By law, it
is the same fee that the county charges for issuing a license to
marry which is $75.
- There is usually an extra charge (up to
$10.00) for waiving the 5-day waiting period (waivers are granted at
the discretion of the County Clerk).
- There is no charge for filing the completed
declaration with the Register of Deeds Office.
- There is a fee for obtaining copies of the
declaration. Certified copies of the declaration can be purchased
from the Register of Deeds or from the State Vital Records Office.
The fee is $20.00 for the first copy and $3.00 for each additional
copy of the same declaration (ordered at the same time).
vital records law, it is illegal for anyone besides the Register of
Deeds or the State Vital Records Office to make copies of the
Declaration of Domestic Partnership document, including the partners
5. What documents are needed to apply for the
declaration of domestic partnership (to establish the domestic
Each applicant must bring in the following
- Certified copy of birth certificates.
In rare instances, if it would be impossible for an applicant to
obtain a certified copy of his or her birth certificate, the County
Clerk has the discretion to accept another form of identification
(example: foreign passport or immigration document). NOTE:
Applicants should apply for a copy of birth certificates far in
advance of the date of application for the domestic partnership.
Failure to apply in time for a copy of the birth certificate is not
a sufficient reason for the County Clerk to waive this requirement.
NOTE: (Applicants cannot use a photocopy of a certified copy of a
birth certificate or a hospital souvenir birth record. Neither of these
is legally acceptable as a substitute for a true certified copy of a
- Current (non-expired) Photo Identification.
- Proof of residency. If the photo ID
does not contain the current address, the applicant can bring in a
dated utility bill or government correspondence if it is addressed
to the applicant (by name) with the applicant’s street address (mail
sent to a post office box doesn’t fulfill this requirement).
- Proof of how last domestic partnership or
marriage ended. If an applicant was in a prior legal domestic
partnership in Wisconsin (filed under the provisions of the 2009
Domestic Partnership Law, Wis. Stat. chapter 770) or if an applicant
was previously married, the applicant must supply documentary
evidence of how the last legal domestic partnership or marriage
- Also, each applicant must provide his or
social security number (if the applicant has a social security
6. Is there a waiting period between a divorce
or termination of a domestic partnership and declaration of a domestic
- There is a 90-day waiting period between the
termination of one domestic partnership and application for another
- There is no waiting period between the death
of a domestic partner and application for a declaration of domestic
- There is no waiting period between a divorce
or annulment from a former spouse and application for a declaration
of domestic partnership.
- There is no waiting period if the domestic
partnership ended because of the subsequent marriage of one of the
7. How do you terminate a domestic partnership?
- Partners who want to terminate their Wisconsin
domestic partnership must file a notice of termination of the
domestic partnership in the same County Clerk office that issued the
declaration of domestic partnership. This is true even if the
partners no longer reside in that county.
- Both parties may sign the notice of
termination and submit it to the County Clerk.
- If only one party signs the notice of
termination, that partner needs to complete an affidavit that
affirms that he or she either served the other partner with a
summons or that he or she published an official public notice in the
area where the partner was last known to be living.
- Upon receipt of the completed notice of
termination (and affidavit, if required), and the appropriate fee,
the County Clerk issues an “Original Certificate of Termination of
Domestic Partnership to the party filing the notice. Although there
is no 5-day waiting period for the County Clerk to issue the
certificate of termination, the County Clerk may set a reasonable
time frame for issuing the certificate of termination after the
notification is filed...”
- The domestic partner who files the notice of
termination is responsible for completing the certificate of
termination and filing it with the Register of Deeds office in the
same county that issued the certificate of termination.
8. When does the
termination become effective?
- There is no time limit for filing the
certificate of termination with the Register of Deeds Office.
- The termination of the domestic partnership
does not go into effect until 90 days after the date the certificate
of termination is accepted for filing in the Register of Deeds
9. What if one of the
partners chooses to get married?
- If one of the partners marries during the
domestic partnership, the domestic partnership is terminated
immediately (as of the date of the marriage).
10. Is there a
fee for terminating a domestic partnership?
- The same fees apply for the termination of
domestic partnership process (the fee for issuance of the
certificate of termination is the same as the county fee for issuing
a marriage license or a declaration of domestic partnership on the
date the party files the notice of termination of the domestic
11. How does a party get certified copies of
the certificate of termination?
- Certified copies of the certificate of
termination can be purchased from the Register of Deeds or from the
State Vital Records Office (the same copy fees apply: $20.00 for the
first copy and $3.00 for each additional copy of the same
certificate of termination ordered at the same time).
NOTE: Under vital records law, it is illegal for anyone
besides the Register of Deeds or the State Vital Records Office to make
copies of the Original Certificate of Termination of a Domestic
Partnership document, including the partners themselves.
12. If a couple is already registered as
domestic partners (in another state or a local domestic partner registry
in Wisconsin) or are married to each other (in another state) are they
automatically transferred to the State’s Domestic Partner Registry?
- No. Domestic partnership registrations from
cities or counties will not be automatically transferred to
the State Domestic Partner Registry within the Vital Records
System. Likewise, partnerships registered in other states will not
automatically be added to the Wisconsin Registry.
- Couples who want to register under the new
Statewide Domestic Partnership program must follow the same process
as described in question 1, above. The applicants should not
list the prior local partnership registration when answering the
question “Number of this domestic partnership.”
- If the applicant is currently a party to a
legal domestic partnership with a different partner
another state, the applicant should review the laws of that state
before entering into another domestic partnership in Wisconsin.
- If the applicant is currently registered in a
“local” (city or county) domestic partnership registry with one
partner, the applicant should seek legal advice before entering into
a State-recognized domestic partnership with a different partner.
- Partners who married each other in another
state can apply for domestic partnership status in Wisconsin. The
partners should not declare their marital status as “legally
married” at the time of application, because only unmarried persons
may register a domestic partnership.
14. What rights does a
domestic partner have to obtain vital records related to his or her
- Parties will have familial rights to obtain
copies of their current domestic partners’ vital records in the
- Birth record of domestic partner
- Death record of domestic partner
- Prior marriage/divorce record of domestic
- To obtain certified copies of other types of
records (example: birth records of a domestic partner’s children),
the domestic partner would require additional proof of direct and
tangible interest in the record.