Wisconsin Marriage Laws and Get Ordained - Licensed    (559) 297-4271 |
How to become an Ordained Licensed Commissioned Minister in Wisconsin | Complete Marriage Laws Codes Statutes Regulations | Ordination Minister Marriage License | Requirements to Get Married | How to perform marriage | Register | Who Can Solemnize a Marriage, Legally Marry and How can I get ordained in Wisconsin and do weddings | Senior Citizen Ordination | World Christianship Ministries |
Perform Legal Marriage Ceremonies in Wisconsin
41+ Years of Ordaining People as Independent Christian Ministers
Fast, Reliable Ordination
Authority to do Legal Wedding Ceremonies in the State of Wisconsin
Follow the 3 step Procedure Below for Fast Ordination
765.16
765.001 Title, intent and construction of chs. 765 to 768
(1) Title. Chapters 765 to 768 may be cited as "The Family Code".
(2) Intent. It is the intent of chs. 765 to 768 to promote the stability
and best interests of marriage and the family. It is the intent of the
legislature to recognize the valuable contributions of both spouses
during the marriage and at termination of the marriage by dissolution or
death. Marriage is the institution that is the foundation of the family
and of society. Its stability is basic to morality and civilization,
and of vital interest to society and the state. The consequences of the
marriage contract are more significant to society than those of other
contracts, and the public interest must be taken into account always.
The seriousness of marriage makes adequate premarital counseling and
education for family living highly desirable and courses thereon are
urged upon all persons contemplating marriage. The impairment or
dissolution of the marriage relation generally results in injury to the
public wholly apart from the effect upon the parties immediately
concerned. Under the laws of this state, marriage is a legal
relationship between 2 equal persons, a husband and wife, who owe to
each other mutual responsibility and support. Each spouse has an equal
obligation in accordance with his or her ability to contribute money or
services or both which are necessary for the adequate support and
maintenance of his or her minor children and of the other spouse. No
spouse may be presumed primarily liable for support expenses under this
subsection.
(3) Construction. Chapters 765 to 768 shall be liberally construed to effect the objectives of sub. (2).
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 ss. 48, 92 (2); 1979 c. 175 s. 53; Stats. 1979 s. 765.001; 1983 a. 186.
A land contract that required a reconveyance to the husband's parents if
he became divorced within 10 years was not against public policy. In re
Terrill v. Terrill, 98 Wis. 2d 213, 295 N.W.2d 809 (Ct. App. 1980).
The family code does not preclude an unmarried cohabitant from asserting
contract and property claims against the other cohabitant. Watts v.
Watts, 137 Wis. 2d 506, 405 N.W.2d 303 (1987).
The obligation of support is imposed under s. 765.001 and is not
relieved simply because s. 766.55 (2) (a) may not apply. Sinai Samaritan
Medical Center, Inc. v. McCabe, 197 Wis. 2d 709, 541 N.W.2d 190 (Ct.
App. 1995), 95-0012.
Under the unique circumstances of the case, including prior residence in
a common-law marriage state, the marriage of a Hmong couple who were
married in a traditional Hmong ceremony that was not certified by the
former Laotian government was valid. Xiong v. Xiong, 2002 WI App 110,
255 Wis. 2d 693, 648 N.W.2d 900, 01-0844.
A wife's assets could be used to pay for her husband's appointed
counsel. United States v. Conn, 645 F. Supp. 44 (E. D. Wis. 1986).
Same-Sex Divorce and Wisconsin Courts: Imperfect Harmony? Thorson. 92 MLR 617.
765.002 Definitions
(1) Unless the context clearly indicates otherwise "member of the
clergy" in this chapter means spiritual adviser of any religion, whether
the adviser is termed priest, rabbi, minister of the gospel, pastor,
reverend or any other official designation.
(2) In this chapter "church under his or her ministry" includes any
congregation, parish or place of worship at which any member of the
clergy is located or assigned and also any administrative, missionary,
welfare or educational agency, institution or organization affiliated
with any religious denomination or society in this state.
(3) In this chapter, "marriage certificate" means that portion of the
marriage document designated as such, which includes the marriage
license as well as the information concerning the marriage ceremony,
signatures resulting from the ceremony and proof of filing.
(4) In this chapter, "marriage document" is that document consisting of
the marriage license, the marriage certificate and the confidential
information collected for statistical purposes only.
(5) In this chapter, "marriage license" means that portion of the
marriage document designated as such, which is authorization for the
marriage to take place.
(6) In chs. 765 to 768 "void" means null and void and not voidable.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 s. 48; 1979 c. 89, 176, 177; Stats. 1979 s. 765.002; 1981 c. 20; 1991 a. 315.
765.01 A civil contract
Marriage, so far as its validity at law is concerned, is a civil
contract, to which the consent of the parties capable in law of
contracting is essential, and which creates the legal status of husband
and wife.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 s. 48; Stats. 1979 s. 765.01.
765.02 Marriageable age; who may contract
(1) Every person who has attained the age of 18 years may marry if otherwise competent.
(2) If a person is between the age of 16 and 18 years, a marriage
license may be issued with the written consent of the person's parents,
guardian, custodian under s. 767.225 (1) or 767.41, or parent having the
actual care, custody and control of the person. The written consent
must be given before the county clerk under oath, or certified in
writing and verified by affidavit or affirmation before a notary public
or other official authorized to take affidavits. The written consent
shall be filed with the county clerk at the time of application for a
marriage license. If there is no guardian, parent or custodian or if the
custodian is an agency or department, the written consent may be given,
after notice to any agency or department appointed as custodian and
hearing proper cause shown, by the court having probate jurisdiction.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1971 c. 149; 1971 c. 213 s. 5; 1975 c. 39, 94, 200;
1979 c. 32 ss. 48, 92 (4); Stats. 1979 s. 765.02; 1981 c. 20 s. 2200;
1999 a. 85; 2005 a. 443 s. 265.
NOTE: See also Art. XIII, sec. 13, Marriage.
765.03 Who shall not marry; divorced persons
(1) No marriage shall be contracted while either of the parties
has a husband or wife living, nor between persons who are nearer of kin
than 2nd cousins except that marriage may be contracted between first
cousins where the female has attained the age of 55 years or where
either party, at the time of application for a marriage license, submits
an affidavit signed by a physician stating that either party is
permanently sterile. Relationship under this section shall be computed
by the rule of the civil law, whether the parties to the marriage are of
the half or of the whole blood. A marriage may not be contracted if
either party has such want of understanding as renders him or her
incapable of assenting to marriage.
(2) It is unlawful for any person, who is or has been a party to an
action for divorce in any court in this state, or elsewhere, to marry
again until 6 months after judgment of divorce is granted, and the
marriage of any such person solemnized before the expiration of 6 months
from the date of the granting of judgment of divorce shall be void.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1971 c. 220; 1977 c. 8, 83, 203; 1979 c. 32 s. 48; Stats. 1979 s. 765.03.
A marriage can be declared null and void after the death of a spouse,
although a marriage may not be annulled after the death of a party.
Ellis v. Estate of Toutant, 2001 WI App 181, 247 Wis. 2d 400, 633 N.W.2d
692, 00-2535.
765.035 Validity of marriages of epileptics
All marriages, otherwise valid and legal, contracted prior to
April 24, 1953, to which either party was an epileptic person are hereby
validated and legalized in all respects as though such marriages had
been duly and legally contracted in the first instance.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 s. 48; Stats. 1979 s. 765.035.
765.04 Marriage abroad to circumvent the laws
(1) If any person residing and intending to continue to reside in
this state who is disabled or prohibited from contracting marriage under
the laws of this state goes into another state or country and there
contracts a marriage prohibited or declared void under the laws of this
state, such marriage shall be void for all purposes in this state with
the same effect as though it had been entered into in this state.
(2) Proof that a person contracting a marriage in another jurisdiction
was (a) domiciled in this state within 12 months prior to the marriage,
and resumed residence in this state within 18 months after the date of
departure therefrom, or (b) at all times after departure from this
state, and until returning maintained a place of residence within this
state, shall be prima facie evidence that at the time such marriage was
contracted the person resided and intended to continue to reside in this
state.
(3) No marriage shall be contracted in this state by a party residing
and intending to continue to reside in another state or jurisdiction, if
such marriage would be void if contracted in such other state or
jurisdiction and every marriage celebrated in this state in violation of
this provision shall be null and void.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.04.
765.05 Marriage license; by whom issued
No person may be joined in marriage within this state until a
marriage license has been obtained for that purpose from the county
clerk of the county in which one of the parties has resided for at least
30 days immediately prior to making application therefor. If both
parties are nonresidents of the state, the marriage license may be
obtained from the county clerk of the county where the marriage ceremony
is to be performed. If one of the persons is a nonresident of the
county where the marriage license is to issue, 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.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 ss. 48, 92 (2); 1979 c. 89, 176, 177, 355; Stats. 1979 s. 765.05; 1981 c. 20, 142, 314; 1999 a. 85.
Residency requirements are discussed. 80 Atty. Gen. 236.
Choice of Law: Will a Wisconsin Court Recognize a Vermont Civil Union? DeFranco. 85 MLR 251 (2001).
765.08 Application for marriage license
(1) Except as provided in sub. (2), no marriage license may be
issued within 5 days of application for the marriage license.
(2) The county clerk may, at his or her discretion, issue a marriage
license within less than 5 days after application if the applicant pays
an additional fee of not more than $25 to cover any increased processing
cost incurred by the county. The county clerk shall pay this fee into
the county treasury.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.08; 1981 c. 20, 142; 2009 a. 28.
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, as well as any other
informational items that the department of health services directs. 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 certificate, and each applicant shall submit a
copy of any judgment or death certificate affecting the applicant's
marital status. If any applicable birth certificate, death certificate
or judgment is unobtainable, other satisfactory documentary proof of the
requisite facts therein may be presented in lieu of the birth
certificate, death certificate or judgment. Whenever the clerk is not
satisfied with the documentary proof presented, he or she shall submit
the presented proof to a judge of a court of record in the county of
application for an opinion as to its sufficiency.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 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.
765.11 Objections to marriage
(1) If any parent, grandparent, child, or natural guardian of a
minor applicant for a marriage license, any brother, sister, or guardian
of either of the applicants for a marriage license, either of the
applicants, the district attorney, or a circuit court commissioner
believes that the statements of the application are false or
insufficient, or that an applicant is adjudicated incompetent without
the right to marry, that person may file with the court having probate
jurisdiction in the county in which the marriage license is applied for,
a petition under oath, setting forth the grounds of objection to the
marriage, and asking for an order requiring the parties making the
application to show cause why the marriage license should not be
refused. Whereupon, the court, if satisfied that the grounds of
objection are prima facie valid, shall issue an order to show cause as
aforesaid, returnable as the court directs, but not more than 14 days
after the date of the order, which shall be served forthwith upon the
applicants for the marriage license residing in the state, and upon the
clerk before whom the application has been made, and shall operate as a
stay upon the issuance of the marriage license until further ordered; if
either or both of the applicants are nonresidents of the state the
order shall be served immediately upon the nonresident by publication of
a class 1 notice, under ch. 985, in the county in which the application
is pending, and by mailing a copy thereof to the nonresident at the
address contained in the application.
(2) If, upon hearing, the court finds that the statements in the
application are willfully false or insufficient, or that either or both
of said parties are not competent in law to marry, the court shall make
an order refusing the marriage license, and shall immediately report
such matter to the district attorney. If said falseness or insufficiency
is due merely to inadvertence, then the court shall permit the parties
to amend the application so as to make the statements therein true and
sufficient, and upon application being so amended, the marriage license
shall be issued. If any party is unable to supply any of the information
required in the application, the court may, if satisfied that such
inability is not due to willfulness or negligence, order the marriage
license to be issued notwithstanding such insufficiency. The costs and
disbursements of the proceedings under this section shall rest in the
discretion of the court, but none shall be taxed against any district
attorney or circuit court commissioner acting in good faith.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.11; 1981 c. 20 ss. 1777v, 2200; 2001 a. 61; 2005 a. 387.
765.12 Marriage license, when authorized; corrections; contents
(1)
(a) If ss. 765.02, 765.05, 765.08, and 765.09 are complied with, and if
there is no prohibition against or legal objection to the marriage, the
county clerk shall issue a marriage license. With each marriage license
the county clerk shall provide a pamphlet describing the causes and
effects of fetal alcohol syndrome.
(b) If, after completion of the marriage license application, one of the
applicants notifies the clerk in writing that any of the information
provided by that applicant for the license is erroneous, the clerk shall
notify the other applicant of the correction as soon as reasonably
possible. If the marriage license has not been issued, the clerk shall
prepare a new license with the correct information entered. If the
marriage license has been issued, the clerk shall immediately send a
letter of correction to the state registrar to amend the erroneous
information.
(c) If, after completion of the marriage license application, the clerk
discovers that correct information has been entered erroneously, the
clerk shall, if the marriage license has not been issued, prepare a new
license with the correct information correctly entered. If the marriage
license has been issued, the clerk shall immediately send a letter of
correction to the state registrar to amend the erroneous information.
(2) The marriage license shall authorize the marriage ceremony to be
performed in any county of this state within 30 days of issuance,
excepting that where both parties are nonresidents of the state, the
ceremony shall be performed only in the county in which the marriage
license is issued. The officiating person shall determine that the
parties presenting themselves to be married are the parties named in the
marriage license. If aware of any legal impediment to such marriage,
the person shall refuse to perform the ceremony. The issuance of a
marriage license shall not be deemed to remove or dispense with any
legal disability, impediment or prohibition rendering marriage between
the parties illegal, and the marriage license shall contain a statement
to that effect.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1977 c. 105; 1979 c. 32 ss. 48, 92 (2); 1979 c. 176, 196; Stats. 1979 s. 765.12; 1981 c. 20; 1985 a. 19; 2001 a. 16.
765.13 Form of marriage document
The marriage document shall consist of the marriage license and
the marriage license worksheet. The marriage license shall contain a
notification of the time limits of the authorization to marry, a
notation that the issue of the marriage license shall not be deemed to
remove or dispense with any legal disability, impediment or prohibition
rendering marriage between the parties illegal, and the signature of the
county clerk, who shall acquire the information for the marriage
document and enter it in its proper place when the marriage license is
issued. The marriage license worksheet shall contain the social security
number of each party, as well as any other information items that the
department of health services determines are necessary and shall agree
in the main with the standard form recommended by the federal agency
responsible for national vital statistics. The county clerk shall
transmit the marriage license worksheet to the state registrar within 5
days after the date of issuance of the marriage license.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1977 c. 418; 1979 c. 32 s. 48; Stats. 1979 s.
765.13; 1981 c. 20; 1995 a. 27 s. 9126 (19); 1997 a. 191; 2001 a. 16;
2007 a. 20 s. 9121 (6) (a).
765.14 Form of marriage document when solemnized by parties
If the marriage is to be solemnized by the parties without an
officiating person, as provided by s. 765.16 (3) the marriage document
shall contain all those items and notations as required by s. 765.13.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1977 c. 418; 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.14; 1981 c. 20.
765.15 Fee to county clerk
Each county clerk shall receive as a fee for each license granted
the sum of $49.50, of which $24.50 shall become a part of the funds of
the county, and $25 shall be paid into the state treasury. The county
shall use $20 of the amount that it retains from each license fee only
for expenses incurred under s. 767.405. The county may, but is not
required to, use any or all of the remainder of the amount that it
retains for education, training, or services related to domestic
violence. Each county board may increase the license fee of $49.50 by
any amount, which amount shall become a part of the funds of the county.
The clerk shall also receive a standard notary fee of 50 cents for each
license granted which may be retained by the clerk if operating on a
fee or part fee basis, but which otherwise shall become part of the
funds of the county.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1971 c. 125; 1979 c. 32 s. 48; 1979 c. 176; Stats.
1979 s. 765.15; 1981 c. 20; 1985 a. 29; 1991 a. 269; 2003 a. 225; 2005
a. 443 s. 265.
765.17 Nonresident officiating person; sponsorship
Any member of the clergy, licentiate or appointee named in s.
765.16 who is not a resident of this state may solemnize marriages in
this state if he or she possesses at the time of the marriage a letter
of sponsorship from a member of the clergy of the same religious
denomination or society who has a church in this state under his or her
ministry.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 ss. 48, 92 (2); 1979 c. 176; Stats. 1979 s. 765.17; 1981 c. 142; 1991 a. 315.
"Church under his or her ministry" discussed. 60 Atty. Gen. 92.
765.19 Delivery and filing of marriage document
The marriage document, legibly and completely filled out with
unfading black ink, shall be returned by the officiating person, or, in
the case of a marriage ceremony performed without an officiating person,
then by the parties to the marriage contract, or either of them, to the
register of deeds of the county in which the marriage was performed
within 3 days after the date of the marriage.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1977 c. 418; 1979 c. 32 s. 48; 1979 c. 221, 355; Stats. 1979 s. 765.19; 1981 c. 20; 1983 a. 221.
765.20 Records and forms
(1) The state registrar of vital statistics shall prescribe forms
for blank applications, statement, consent of parents, affidavits,
documents and other forms as are necessary to comply with the provisions
of this chapter. The county clerk shall keep among the records in the
office a suitable book called the marriage license docket and shall
enter therein a complete record of the applications for and the issuing
of all marriage licenses, and of all other matters which the clerk is
required by this chapter to ascertain relative to the rights of any
person to obtain a marriage license. An application may be recorded by
entering into the docket the completed application form, with any
portion collected only for statistical purposes removed. The marriage
license docket shall be open for public inspection or examination at all
times during office hours.
(2) A county clerk may provide the name of a marriage license applicant
and, from the portion of the marriage application form that is collected
for statistical purposes, as specified under sub. (1), may provide the
address of the marriage license applicant to a law enforcement officer,
as defined in s. 51.01 (11). A county clerk shall provide the name and,
if it is available, the address, to a law enforcement officer who
requests, in writing, the name and address for the performance of an
investigation or the service of a warrant. If a county clerk has not
destroyed the portion of the marriage license application form that is
collected for statistical purposes, he or she shall keep the information
on the portion confidential, except as authorized under this
subsection. If a written request is made by a law enforcement officer
under this subsection, the county clerk shall keep the request with the
marriage license application form. If the county clerk destroys the
marriage license application form, he or she shall also destroy the
written request.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.20; 1981 c. 20; 1995 a. 469; 2001 a. 107.
765.21 Unlawful marriages void; validation
All marriages hereafter contracted in violation of ss. 765.02,
765.03, 765.04 and 765.16 shall be void, except as provided in ss.
765.22 and 765.23. The parties to any such marriage may validate the
marriage by complying with the requirements of ss. 765.02 to 765.24 as
follows:
(1) At any time, if the marriage is declared void under s. 765.02 or 765.16.
(2) No earlier than 6 months after the divorce judgment is granted, if the marriage is declared void under s. 765.03 (2).
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 s. 48; Stats. 1979 s. 765.21; 1985 a. 103, 135.
765.22 Immaterial irregularities as to authority of person officiating
No marriage hereafter contracted shall be void by reason of want
of authority or jurisdiction in the officiating person solemnizing such
marriage, if the marriage is in other respects lawful, and is
consummated with the full belief on the part of the persons so married,
or either of them, that they have been lawfully joined in marriage.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 s. 48; Stats. 1979 s. 765.22.
765.23 Immaterial irregularities otherwise
No marriage hereafter contracted shall be void either by reason of
the marriage license having been issued by a county clerk not having
jurisdiction to issue the same; or by reason of any informality or
irregularity of form in the application for the marriage license or in
the marriage license itself, or the incompetency of the witnesses to
such marriage; or because the marriage may have been solemnized in a
county other than the county prescribed in s. 765.12, or more than 30
days after the date of the marriage license, if the marriage is in other
respects lawful and is consummated with the full belief on the part of
the persons so married, or either of them, that they have been lawfully
joined in marriage. Where a marriage has been celebrated in one of the
forms provided for in s. 765.16, and the parties thereto have
immediately thereafter assumed the habit and repute of husband and wife,
and having continued the same uninterruptedly thereafter for the period
of one year, or until the death of either of them, it shall be deemed
that a marriage license has been issued as required by ss. 765.05 to
765.24 and 767.803.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.23; 1981 c. 20 s. 2200; 1981 c. 314 s. 146; 2005 a. 443 s. 265.
765.24 Removal of impediments to subsequent marriage
If a person during the lifetime of a husband or wife with whom the
marriage is in force, enters into a subsequent marriage contract in
accordance with s. 765.16, and the parties thereto live together
thereafter as husband and wife, and such subsequent marriage contract
was entered into by one of the parties in good faith, in the full belief
that the former husband or wife was dead, or that the former marriage
had been annulled, or dissolved by a divorce, or without knowledge of
such former marriage, they shall, after the impediment to their marriage
has been removed by the death or divorce of the other party to such
former marriage, if they continue to live together as husband and wife
in good faith on the part of one of them, be held to have been legally
married from and after the removal of such impediment and the issue of
such subsequent marriage shall be considered as the marital issue of
both parents.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.24; 1983 a. 447.
A 2nd marriage entered into while the plaintiff was already married will
not be annulled when the plaintiff did not live with the 2nd husband
after the first husband died. Smith v. Smith, 52 Wis. 2d 262, 190 N.W.2d
174 (1971).
Public policy favors upholding a marriage attacked as void by a 3rd
party as well as by a party to a marriage. Corning v. Carriers Insurance
Co. 88 Wis. 2d 17, 276 N.W.2d 310 (Ct. App. 1979).
The equitable doctrine of "clean hands" precluded the defendant from
obtaining an annulment of a marriage to the plaintiff. A voidable
marriage became valid upon the removal of the impediment to the
marriage. Halker v. Halker, 92 Wis. 2d 645, 285 N.W.2d 745 (1979).
A husband was stopped from challenging the validity of his wife's
divorce from her first husband. Schlinder v. Schlinder, 107 Wis. 2d 695,
321 N.W.2d 343 (Ct. App. 1982).
765.30 Penalties
(1) The following may be fined not more than $10,000 or imprisoned for not more than 9 months or both:
(a) Penalty for marriage outside the state to circumvent the laws. Any
person residing and intending to continue to reside in this state who
goes outside the state and there contracts a marriage prohibited or
declared void under the laws of this state.
(2) The following may be fined not more than $10,000 or imprisoned for not more than 9 months or both:
(a) Penalty for false statement. Any person who in any affidavit or
statement made under s. 765.02 (2), 765.09 or 765.11, willfully and
falsely swears, or who procures another to swear falsely in regard to
any material fact relating to the competency of either or both of the
parties applying for a marriage license, or as to the ages of such
parties, if minors, or who falsely pretends to be the parent or guardian
having authority to give consent to the marriage of such minor.
(b) Penalty for unlawful issuance of marriage license. Any county clerk
who knowingly issues a marriage license contrary to or in violation of
this chapter.
(c) Penalty for false solemnization of marriage. Any person, not being
duly authorized by the laws of this state, who intentionally undertakes
to solemnize a marriage in this state; or any person who intentionally
participates in or in any way aids or abets any false or fictitious
marriage.
(3) The following shall be fined not less than $100 nor more than $500, or imprisoned not more than 6 months, or both:
(a) Penalty for unlawful solemnization of marriage. Any officiating
person who solemnizes a marriage unless the contracting parties have
first obtained a proper marriage license as heretofore provided; or
unless the parties to such marriage declare that they take each other as
husband and wife; or without the presence of 2 competent adult
witnesses; or solemnizes a marriage knowing of any legal impediment
thereto; or solemnizes a marriage more than 30 days after the date of
the marriage license; or falsely certifies to the date of a marriage
solemnized by the officiating person; or solemnizes a marriage in a
county other than the county prescribed in s. 765.12.
(b) Penalty for unlawful solemnization by parties. Where a marriage is
solemnized without the presence of an officiating person if the parties
to such marriage solemnize the same without the presence of 2 competent
adult witnesses or more than 30 days after the date of the license; or
falsely certify to the date of such marriage; or solemnize the same in a
county other than the county prescribed in s. 765.12.
(4) The following shall be fined not less than $10 nor more than $200, or imprisoned not more than 3 months, or both:
(a) Penalty for failure to file marriage certificate. Every officiating
person, or persons marrying without the presence of an officiating
person, as provided by s. 765.16 (3), who neglect or refuse to transmit
the original marriage certificate, solemnized by the officiating person
or the persons marrying, to the register of deeds of the county in which
the marriage was performed within 3 days after the date of the
marriage.
(b) Penalty for violations relating to records. Any county clerk who
refuses or neglects to enter upon the marriage license docket a complete
record of each application, and of each marriage license issued from
the clerk's office, immediately after the same has been made or issued,
as the case may be, or fails to keep such marriage license docket open
for inspection or examination by the public during office hours, or
prohibits or prevents any person from making a copy or abstract of the
entries in the marriage license docket.
(5) The following shall be fined not less than $10 nor more than $50:
(a) Penalty for other violations. Any person violating any provision of
this chapter for which no other penalty is provided.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1977 c. 418; 1979 c. 32 ss. 48, 92 (2); 1979 c.
176; Stats. 1979 s. 765.30; 1981 c. 20, 390; 1983 a. 221; 1993 a. 486;
1997 a. 283; 2001 a. 109.
765.31 Action to recover penalties
Any fine or forfeiture imposed under s. 765.30 may be recovered in
the same manner as other debts are recovered with the usual costs, in
any court of record in any county in this state in which the defendant
may be found.
Wisconsin Statutes - The Family - Chapter 765: Marriage
History: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.31.