This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
2021 - 2022 LEGISLATURE
April 16, 2021 - Introduced by Representatives Wittke, Duchow, Kuglitsch,
Bowen, Edming, Knodl and Subeck, cosponsored by Senators Kooyenga,
Carpenter, Marklein and Roys. Referred to Committee on Family Law.
AB270,1,4 1An Act to amend 765.05, 765.08, 765.09 (3) (a), 765.09 (3) (b), 765.12 (2), 765.13,
2765.16 (1m) (intro.), 765.19, 765.23, 765.30 (3) (a) and (b) and 765.30 (4) (a); and
3to create 765.09 (3) (c) of the statutes; relating to: marriage solemnization
4requirements and marriage document requirements, issuance, and validity.
Analysis by the Legislative Reference Bureau
This bill makes various changes to requirements relating to marriage
documentation and marriage ceremonies.
Current law requires an applicant for a marriage license to exhibit a certified
copy of a birth record and to submit a copy of any judgment or death record affecting
the applicant's marital status. If a birth record, death record, or judgment is
unobtainable, current law allows the applicant to present other satisfactory
documentary proof of the requisite facts therein in lieu of the these documents.
Under the bill, the county clerk has discretion to determine whether a document is
unobtainable. With regard to birth records, the bill provides that if an applicant
presents certain documentation specified in the bill in lieu of the required birth
record, such as a passport or permanent resident card, the county clerk is required
to consider that documentation satisfactory documentary proof for purposes of a
license.
Under current law, if a county clerk is not satisfied with the documentation
presented, the clerk is required to submit the presented documentation to a judge in
the county of application for an opinion as to its sufficiency. The bill modifies this
procedure, requiring that if a county clerk is not satisfied with the documentation

presented, he or she must notify the applicant of the right to request review by a
judge and then, if the applicant requests such review, submit the documentation to
a judge as under current law.
The bill also eliminates current law residency requirements and allows parties,
resident or nonresident, to obtain a marriage license in any county of the state;
extends the period for which a marriage license is valid from 30 days to 60 days; and
reduces the waiting period for a marriage license from five days to three days. The
county clerk retains discretion as under current law to waive the minimum waiting
period and charge a fee of up to $25 to cover any additional processing cost incurred
by the county for expediting the license.
Under current law, for a marriage ceremony in which both parties are
nonresidents of the state, the ceremony is required to be performed in the county in
which the marriage license is issued. The bill eliminates that requirement and
allows both residents and nonresidents to marry in a ceremony in any county in the
state. The bill also creates an exception to the requirement that two competent adult
witnesses other than the officiating person be present for the solemnization of
marriage to be valid. Under the bill, if one of the parties is in the active military
service of the United States, the presence of only one competent adult witness other
than the officiating person is required. Finally, the bill modifies the requirements
for return of the marriage document after a marriage ceremony. Under current law,
the marriage document must be returned to the register of deed of the county in
which the marriage was performed. Under the bill, the marriage document may be
returned to the register of deeds in any county in the state.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB270,1 1Section 1 . 765.05 of the statutes is amended to read:
AB270,3,3 2765.05 Marriage license; by whom issued. No person may be joined in
3marriage within this state until a marriage license has been obtained for that
4purpose from the county clerk of the any county in which one of the parties has
5resided for at least 30 days immediately prior to making application therefor. If both
6parties are nonresidents of the state, the marriage license may be obtained from the
7county clerk of the county where the marriage ceremony is to be performed
this state.
8If one of the persons is a nonresident of the county where the marriage license is to

1issue
state, the nonresident's part of the application may be completed and sworn to
2or affirmed before the person authorized to accept marriage license applications in
3the county and state in which the nonresident resides.
AB270,2 4Section 2 . 765.08 of the statutes is amended to read:
AB270,3,7 5765.08 Application for marriage license. (1) Except as provided in sub.
6(2), no marriage license may be issued within 5 3 days of application for the marriage
7license.
AB270,3,11 8(2) The county clerk may, at his or her discretion, issue a marriage license
9within less than 5 3 days after application if the applicant pays an additional fee
10of not more than $25 to cover any increased processing cost incurred by the county.
11The county clerk shall pay this fee into the county treasury.
AB270,3 12Section 3. 765.09 (3) (a) of the statutes is amended to read:
AB270,3,2313 765.09 (3) (a) Each applicant for a marriage license shall present satisfactory,
14documentary proof of identification and residence and shall swear to or affirm the
15application before the clerk who is to issue the marriage license or the person
16authorized to accept marriage license applications in the county and state where the
17party resides. The application shall contain the social security number of each party
18who has a social security number, as well as any other informational items that the
19department of health services directs. The clerk shall accept as proof of identification
20documentation as set forth under par. (b).
The portion of the marriage application
21form that is collected for statistical purposes only shall indicate that the address of
22the marriage license applicant may be provided by a county clerk to a law
23enforcement officer under the conditions specified under s. 765.20 (2).
AB270,4 24Section 4. 765.09 (3) (b) of the statutes is amended to read:
AB270,4,14
1765.09 (3) (b) Each applicant for a marriage license shall exhibit to the clerk
2a certified copy of a birth record, and each applicant shall submit a copy of any
3judgment or death record affecting the applicant's marital status. If any applicable
4birth record, death record, or judgment is unobtainable, other satisfactory
5documentary proof of the requisite facts therein may be presented in lieu of the birth
6certificate record, death certificate record, or judgment. If an applicant presents a
7passport, license, or identification that meets the requirements of P.L. 109-13,
8permanent resident card, or naturalization paper in lieu of the birth record, the clerk
9shall consider such documentation satisfactory documentary proof for purposes of
10this paragraph.
Whenever the clerk is not satisfied with the documentary proof
11presented, he or she shall notify the applicant that the applicant has the right to
12request review of the submitted material by a judge of a court of record and shall,
13upon request by an applicant,
submit the presented proof to a judge of a court of
14record in the county of application for an opinion as to its sufficiency.
AB270,5 15Section 5. 765.09 (3) (c) of the statutes is created to read:
AB270,4,1716 765.09 (3) (c) For purposes of par. (b), the clerk shall have discretion to
17determine whether a document is unobtainable.
AB270,6 18Section 6 . 765.12 (2) of the statutes is amended to read:
AB270,5,319 765.12 (2) The marriage license shall authorize the marriage ceremony to be
20performed in any county of this state within 30 60 days of issuance, excepting that
21where both parties are nonresidents of the state, the ceremony shall be performed
22only in the county in which the marriage license is issued
. The officiating person
23shall determine that the parties presenting themselves to be married are the parties
24named in the marriage license. If aware of any legal impediment to such marriage,
25the person shall refuse to perform the ceremony. The issuance of a marriage license

1shall not be deemed to remove or dispense with any legal disability, impediment or
2prohibition rendering marriage between the parties illegal, and the marriage license
3shall contain a statement to that effect.
AB270,7 4Section 7. 765.13 of the statutes is amended to read:
AB270,5,18 5765.13 Form of marriage document. The marriage document shall consist
6of the marriage license and the marriage license worksheet. The marriage license
7shall contain a notification of the time limits of the authorization to marry, a notation
8that the issue of the marriage license shall not be deemed to remove or dispense with
9any legal disability, impediment or prohibition rendering marriage between the
10parties illegal, and the signature of the county clerk, who shall acquire the
11information for the marriage document and enter it in its proper place when the
12marriage license is issued. The marriage license worksheet shall contain the social
13security number of each party who has a social security number, as well as any other
14information items that the department of health services determines are necessary
15and shall agree in the main with the standard form recommended by the federal
16agency responsible for national vital statistics. The county clerk shall transmit the
17marriage license worksheet to the state registrar within 5 days after the date of
18issuance of the marriage license.
AB270,8 19Section 8 . 765.16 (1m) (intro.) of the statutes is amended to read:
AB270,6,220 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this
21state only after a marriage license has been issued therefor, and only by the mutual
22declarations of the 2 parties to be joined in marriage that they take each other as
23husband and wife, made before an authorized officiating person and in the presence
24of at least 2 competent adult witnesses other than the officiating person. If one of
25the parties is in the active military service of the United States, the presence of only

1one competent adult witness other than the officiating person is required.
The
2following are authorized to be officiating persons:
AB270,9 3Section 9. 765.19 of the statutes is amended to read:
AB270,6,9 4765.19 Delivery and filing of marriage document. The marriage
5document, legibly and completely filled out with unfading black ink, shall be
6returned by the officiating person, or, in the case of a marriage ceremony performed
7without an officiating person, then by the parties to the marriage contract, or either
8of them, to the register of deeds of the any county in which the marriage was
9performed
this state within 3 days after the date of the marriage.
AB270,10 10Section 10 . 765.23 of the statutes is amended to read:
AB270,6,25 11765.23 Immaterial irregularities otherwise. No marriage hereafter
12contracted shall be void either by reason of the marriage license having been issued
13by a county clerk not having jurisdiction to issue the same; or by reason of any
14informality or irregularity of form in the application for the marriage license or in
15the marriage license itself, or the incompetency of the witnesses to such marriage;
16or because the marriage may have been solemnized in a county other than the county
17prescribed in s. 765.12,
or more than 30 60 days after the date of the marriage license,
18if the marriage is in other respects lawful and is consummated with the full belief
19on the part of the persons so married, or either of them, that they have been lawfully
20joined in marriage. Where a marriage has been celebrated in one of the forms
21provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter
22assumed the habit and repute of husband and wife, and having continued the same
23uninterruptedly thereafter for the period of one year, or until the death of either of
24them, it shall be deemed that a marriage license has been issued as required by ss.
25765.05 to 765.24 and 767.803.
AB270,11
1Section 11. 765.30 (3) (a) and (b) of the statutes are amended to read:
AB270,7,102 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating
3person who solemnizes a marriage unless the contracting parties have first obtained
4a proper marriage license as heretofore provided; or unless the parties to such
5marriage declare that they take each other as husband and wife; or without the
6presence of 2 competent adult witnesses as required under s. 765.16 (1m); or
7solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a
8marriage more than 30 60 days after the date of the marriage license; or falsely
9certifies to the date of a marriage solemnized by the officiating person; or solemnizes
10a marriage in a county other than the county prescribed in s. 765.12
.
AB270,7,1611 (b) Penalty for unlawful solemnization by parties. Where a marriage is
12solemnized without the presence of an officiating person if the parties to such
13marriage solemnize the same without the presence of 2 competent adult witnesses
14as required under s. 765.16 (1m) or more than 30 60 days after the date of the license;
15or falsely certify to the date of such marriage; or solemnize the same in a county other
16than the county prescribed in s. 765.12
.
AB270,12 17Section 12. 765.30 (4) (a) of the statutes is amended to read:
AB270,7,2318 765.30 (4) (a) Penalty for failure to file marriage certificate. Every officiating
19person, or persons marrying without the presence of an officiating person, as
20provided by s. 765.16 (1m) (c), who neglect or refuse to transmit the original marriage
21certificate, solemnized by the officiating person or the persons marrying, to the
22register of deeds of the any county in which the marriage was performed this state
23within 3 days after the date of the marriage.
AB270,13 24Section 13 . Initial applicability.
AB270,8,3
1(1) The treatment of ss. 765.05, 765.08, 765.09 (3) (a), (b), and (c), and 765.13
2first applies to applications for marriage licenses received on the effective date of this
3subsection.
AB270,8,64 (2) The treatment of ss. 765.12 (2), 765.23, and 765.30 (3) (a) and (b) relating
5to the length of time issued marriage licenses are valid first applies to marriage
6licenses issued on the effective date of this subsection.
AB270,8,97 (3) The treatment of ss. 765.16 (1m) (intro.) and 765.30 (3) (a) and (b) relating
8to the number of witnesses required; 765.19; and 765.30 (4) (a) first applies to
9marriages solemnized on the effective date of this subsection.
AB270,14 10Section 14. Effective date.
AB270,8,1111 (1) This act takes effect on July 1, 2022.
AB270,8,1212 (End)
Loading...
Loading...