Best Marriage Lawyers in Wisconsin

About Marriage Law in Wisconsin, United States

Marriage in Wisconsin is a legal union between two individuals who meet the requirements established by the state's statutes. Wisconsin recognizes both same-sex and opposite-sex marriages. Couples must obtain a marriage license, comply with age requirements, and follow certain procedures for their marriage to be legally recognized. The state also governs issues such as solemnization, prohibited marriages, and grounds for annulment or divorce.

Why You May Need a Lawyer

While many couples successfully navigate the marriage process without legal assistance, there are several situations where consulting a lawyer can be helpful. If you have unique circumstances, such as a previous marriage, questions about prenuptial agreements, or concerns about property division, legal counsel can ensure your interests are protected. Lawyers also assist with name changes, immigration issues, or when facing challenges related to age, guardianship, or consent. Additionally, complications may arise during divorce or annulment proceedings, or if residency requirements and documentation are unclear.

Local Laws Overview

Wisconsin law outlines specific criteria for marriage. The minimum age to marry is 18, but 16 and 17-year-olds may marry with written parental consent. A marriage license must be obtained from the county clerk at least three days prior to the wedding, and both parties must appear in person to apply. Certain relatives, such as siblings or first cousins (unless both are over 55 and unable to have children), may not marry. The marriage must be solemnized by an authorized officiant, such as a judge, clergy member, or certain other officials. Common law marriage is not recognized in Wisconsin. The state also prescribes detailed requirements for divorce and annulment, including residency, grounds, and property distribution.

Frequently Asked Questions

What are the requirements for getting married in Wisconsin?

Both parties must be at least 18, or 16 with parental consent. You must not currently be married to someone else, must not be closely related, and must apply for a marriage license at least three days before the ceremony.

How do we apply for a marriage license?

Both individuals must apply together at a county clerk's office, provide valid identification, proof of residence, and pay a fee. If previously married, you may need to provide divorce or death certificates.

Is there a waiting period after applying for a license?

Yes. Wisconsin requires a three day waiting period from the date of application to the date the license is issued, but the waiting period can sometimes be waived for an additional fee.

Does Wisconsin recognize common law marriage?

No. Wisconsin does not recognize common law marriage, regardless of how long you have lived together.

Who can officiate a wedding in Wisconsin?

Judges, court commissioners, ordained clergy, and certain religious officials can officiate marriages. Some Wisconsin officials may also be designated for this purpose.

Can same-sex couples legally marry in Wisconsin?

Yes. Same-sex marriage has been legally recognized in Wisconsin since 2014 and is subject to the same rules as all other marriages.

Can first cousins marry in Wisconsin?

First cousins may only marry if both are at least 55 years old and can provide proof they are unable to bear children.

Are there residency requirements for getting married in Wisconsin?

At least one applicant must have lived in the county where the license is being applied for, for at least 30 days prior. Out-of-state couples can apply in any Wisconsin county, but the marriage must take place in that county.

What should I do if I want to change my name after marriage?

You can use your marriage certificate to update your name with government agencies, such as the Department of Motor Vehicles and Social Security Administration.

How is property divided if we divorce?

Wisconsin is a "community property" state, which generally means property acquired during the marriage is divided equally unless agreed otherwise or exceptional circumstances apply.

Additional Resources

Several organizations can provide guidance and support for those with marriage law questions in Wisconsin:

• Wisconsin Department of Health Services - Vital Records Office for marriage certificates
• Wisconsin Court System - Family Law Self-Help Center
• Local county clerk's offices for marriage license applications and procedures
• State Bar of Wisconsin for attorney referrals and legal resources
• Legal Action of Wisconsin and other legal aid organizations for low-income individuals
• Wisconsin Department of Children and Families for information on family-related legal issues

Next Steps

If you have questions or concerns about marriage law in Wisconsin, consider these next steps:

• Contact your local county clerk's office for marriage license applications and specific requirements in your area
• Gather all necessary documents, such as identification and previous marriage certificates
• If your circumstances are complex, consult a qualified family law attorney who practices in Wisconsin
• Use the resources listed above for initial questions and to locate reputable legal assistance
• Be sure to review state and local statutes carefully, especially if you are planning a marriage involving unique aspects such as immigration status, previous divorces, or prenuptial agreements

With proper preparation and legal support, you can ensure that your marriage in Wisconsin is recognized, your rights are protected, and your new union gets off to a strong start.