Wisconsin Marriage Records

Marriage records in Wisconsin document the legal union between two individuals and include genealogical indexes, marriage licenses, and marriage certificates. These records are maintained by the Wisconsin Vital Records Office, where individuals can request copies for legal or personal purposes, and the county recorder of deeds offices.

Access to certified copies of Wisconsin marriage records is restricted to the parties named on the record, their immediate family members, or those with legal authorization. Wisconsin marriage rates have mirrored national trends, with a steady decline since 1980 and a slight increase by 2022. Divorce rates have also decreased, from 3.0 per 1,000 in 2010 to 2.1 in 2022.

Wisconsin marriage laws, outlined in Chapter 765 of the state statutes, require couples to be at least 18 years old, though minors aged 16 to 18 may marry upon possessing parental consent. Marriage licenses must be obtained from any county clerk in the state and used within 60 days. After the marriage ceremony, officiants must file the marriage license with the county, though couples do not automatically receive a marriage certificate.

Certified marriage certificates, which serve as legal proof of marriage, can be obtained from the Vital Records Office or county register of deeds. Records can also be accessed online or offline, with specific fees and identification requirements. The state also issues apostilles and Letters of Non-Marriage upon request.

What are Marriage Records?

Wisconsin marriage records are documentation regarding the official union between two individuals in the state. A Wisconsin marriage record may be in the form of a genealogical marriage index, a marriage license, or a marriage certificate. A genealogical index of marriage records provides a searchable database containing a summary of marriage information. Typically, you can find the name of the married couple, the date of the marriage, and the county where the marriage occurred in a marriage index. A marriage license is issued by a county clerk as the official document authorizing the persons named on it to be married legally in Wisconsin. A marriage certificate is issued after the marriage ceremony, and an official document is provided proving that two persons were joined in matrimony according to Wisconsin marriage laws.

The Wisconsin Vital Records Office maintains marriage records. This includes preserving, changing, and issuing copies of marriage certificates. Hence, if you need to obtain a copy of the marriage certificate, you may make a request to the Vital Records Office. You can also obtain copies of marriage records from the Register of Deeds offices. However, certified copies of Wisconsin marriage records are not accessible to the public. They can only be issued to the parties named on the records, their immediate family members, persons legally authorized by a party named on the record, and persons requiring a copy to secure a property or personal right.

The state maintains marriage records to study marriage and divorce patterns and for other demographic purposes. An individual may request a copy of a marriage record for a name change, life insurance policies, custody battles, and other divorce proceedings.

Marriages in Wisconsin

Wisconsin's marriage trends have consistently followed national patterns at lower rates. Since 1980, marriage rates in Wisconsin have steadily declined, stabilizing around 2010. In 2015, the marriage rate in Wisconsin was 5.6 per 1,000 total population, declining from the 8.7 marriage rate in 1980. That year, Milwaukee, Dane, Waukesha, and Brown recorded the highest marriage rates. A total of 14,986 divorces occurred in Wisconsin in 2015, at a rate of 2.6 per 1,000 total population. The ratio of marriages to divorces was 2.2 to 1 in that year.

In 2019, the marriage rate in the state was 5.0 marriages per 1,000 residents, lower than the national average of 6.1 marriages per 1,000 residents. By 2022, marriage rates in Wisconsin rose to 5.3 per 1,000 population. However, divorce rates have steadily dropped from 3.0 in 2010 to 2.1 in 2022.

Wisconsin marriage laws are contained in Chapter 765 of the state's statutes. Section 765.02 of the state law requires that couples intending to be married in the state be aged 18 or older. However, if an individual is between 16 and 18, they must obtain the written consent of their parents, guardian, custodian, or parent having actual care, custody, and control over them. The written consent must be given under oath before the county clerk or certified in writing and verified by affirmation or affidavit before a notary public or an official authorized to take affidavits. If there is no guardian, parent, or custodian, written consent may be given after notice to any agency appointed as custodian and hearing proper cause shown by the relevant court with probate jurisdiction.

No marriage may be authorized in the state while either party to a marriage has a living spouse or between individuals nearer to kin than second cousins. However, a marriage may be authorized between first cousins where the female is aged 55 or where either party, at the time of applying for a Wisconsin marriage license, submits an affidavit signed by a qualified physician stating that either party is permanently sterile. No persons involved in an action for divorce in a court in Wisconsin or elsewhere marry until six months after the judgment of divorce is granted.

Per Section 765.03 of the state law, no person may be joined in marriage in Wisconsin until a marriage license has been issued for that purpose from the county clerk in any county in the state. If one of the parties to the proposed union is a non-resident of Wisconsin, the non-resident's part of the marriage license application may be completed and sworn to or affirmed before the individual authorized to accept the marriage license application in the county and state in which the non-resident lives.

An application for a Wisconsin marriage license can be made at any of the county clerk's offices in the state. The application is not mandated to be done at the county where the marriage ceremony will occur. At the clerk's office, couples will be required to submit relevant identification and statement of qualification. A marriage license may be issued within 3 days of application for the marriage license. However, the county clerk, at their discretion, may issue a license within less than 3 days after the application if the applicant pays an additional fee of no more than $25 to cover expedited processing costs incurred by the county. A Wisconsin marriage license costs around $100, but the fee varies from county to county. Some Wisconsin counties charge as high as $120 for a marriage license.

After obtaining a Wisconsin marriage license, it must be used within 60 days (including the day of issuance), as the validity of the license only lasts the stated period. The marriage ceremony may be officiated by an officiant who is at least 18 years old, and two adult witnesses must be present. The state permits couples to have two officiants perform their marriage ceremonies. However, an officiant must be any of the following:

Any ordained member of the clergy of a religious denomination or society
Any licentiate of a denominational body or appointee of a bishop serving as the regular member of the clergy of a church of the denomination to which the member of the clergy belongs
The two parties to the marriage, by mutual declarations that they take each other as husband and wife, per the customs and rules of a religious society, denomination, or sect to which either of the parties belongs
A justice or judge or a reserve judge
A circuit court or supplemental court commissioner
A municipal judge

After your marriage ceremony, the officiant will file your signed marriage license with the county to be recorded. However, you will not automatically get a copy of your marriage certificate.

Note that common-law marriages are not recognized in Wisconsin. However, generally, under the Full Faith and Credit Clause of the U.S. Constitution, a marriage contracted in another state satisfying the legal requirements of that state will be recognized in Wisconsin. Hence, common law marriages contracted in other jurisdictions may be recognized in Wisconsin. Also, same-sex marriages are legal under both state and federal law. Per federal law, valid same-sex marriages must be recognized in every state, and any same-sex marriage prohibitions are deemed unconstitutional. Wisconsin statutes referring to a “husband” and “wife” apply instead to a “spouse,” regardless of whether the spouse is of the same or opposite sex, if the statute governs a right or obligation that is conferred under the marital status.

Wisconsin Marriage Certificate

When couples apply for a marriage license in Wisconsin, they are issued a marriage license containing a marriage certificate worksheet. After the ceremony, the officiant ensures that the officiant section of the license is accurately completed and submits the license to the county clerk's office for recording. The information provided in the marriage certificate sheet and those supplied by the couples on the license are used to create a marriage certificate. The marriage certificate is legal proof of marriage that may be used as acceptable evidence that the persons named on it are legally married in Wisconsin.

The Wisconsin marriage certificate may be requested from the state Vital Records Office or the recorder of deeds. Unlike some states, the certificate is not sent automatically to spouses after their marriage ceremonies. You can find the following information on a Wisconsin marriage certificate:

Date of the marriage
County of the marriage
City, village, or town of the marriage
Officiant name, title, and signature
Adult witness's names and signatures

How To Find and Access Wisconsin Marriage Records

Wisconsin marriage records from October 1907 to present are available from the Wisconsin Vital Records Office and Wisconsin County Register of Deeds offices. You may opt for a certified or uncertified copy of a Wisconsin marriage record. A certified copy is printed on security paper, features a raised seal, and includes the State Registrar's signature. State law restricts access to these certified copies. To obtain a certified copy of a marriage certificate, you must have a direct, tangible interest in the record as indicated in the applicant's relationship to the person named on the record section of the application form. An uncertified copy of a marriage certificate contains the same information but is printed on plain white paper and stamped to indicate it cannot be used for legal or identification purposes.

There are specific fees for the Vital Records Office to complete a search for a marriage record. A $20 search fee applies to any five-year period between October 1, 1907, and 1972 (single-year indexes). For multi-year indexes, a $20 fee covers either of the following periods: earliest filed records through September 1907 or 1973 to the present. Additional five-year or multiyear searches also cost $20 each. For example, searching for a marriage certificate from 1907 through 1916 (10 years) would be $40. If searching for a common last name like Anderson, Johnson, or Smith, please provide more identifying details, such as the spouse's name or county, to assist in the search.

If you are the individual named on the record requested, and you do not have acceptable identification, you may authorize another person to apply on your behalf by providing a signed statement. This statement, the completed application, and the authorized person's identification must be submitted together. If a requested record cannot be located, the Vital Records Office will issue a "not found" letter detailing the years searched. Note that the $20 search fee is nonrefundable.

You can obtain a marriage record via several options.

Finding and Accessing Wisconsin Marriage Records Online

The Wisconsin Vital Records Office and County Recorder of Deeds office partner with a third-party service to provide online access to marriage records in the state. The vendor (VitalChek) accepts payment online for searching marriage records using major credit cards, including AMEX, Discover, VISA, and MasterCard. There is no fee for using VitalChek services. To order a marriage record online, visit the VitalChek website to place an order and choose your preferred shipping method: USPS Regular Mail, UPS Next Day Air, and UPS Worldwide. Alternatively, you may call VitalChek at (877) 885-2981 to place an order by phone. Marriage record requests are typically processed in five business days.

Finding and Accessing Wisconsin Marriage Records Offline

You can request a marriage record from the Vital Records office by mail or by visiting a county recorder of deeds office in person. Most county recorders of deeds offices also accept mail requests. To find out the options in a county, visit the website or contact the recorder of deeds office.

To submit a mail request to the state Vital Records office, send a completed Wisconsin Marriage Certificate Application, a copy of required identification, and a check or money order made payable to "STATE OF WIS. VITAL RECORDS" to:

Wisconsin Vital Records Office

PO Box 309

Madison, WI 53701

Acceptable ID is one of:

A state-issued driver's license or ID card
U.S. government-issued photo ID
U.S. or foreign passport
Tribal or military ID

Or two of:

Health insurance card
Current, dated signed lease
Bank or earning statement
Utility bill or traffic ticket
Vehicle registration or title

If you submit a request for multiple marriage records and want all requests mailed back to the same address, you may include one self-addressed stamped envelope in your submission to the Wisconsin Vital Records Office.

If you want a marriage certificate with an apostille, follow these steps:

Complete the application for a marriage certificate form
Complete an application for an apostille from the Secretary of State's Office (SoS) in Wisconsin
Send both completed forms, the fee for an application marriage certificate, the fee for an apostille application, acceptable ID, and a self-addressed envelope (addressed to you with the return address from the Secretary of State) to the Wisconsin Vital Records Office

Upon receiving the required forms and fees for both agencies, the Wisconsin Vital Records Office will prepare a certified copy of the vital record. This certified copy, along with the Secretary of State's application, fees, and the provided self-addressed stamped envelope, will be forwarded to the Secretary of State. Once their process is complete, the Office of the SoS will return the certified copy and apostille to you in the envelope you provided.

The Vital Records Office also provides a Letter of Non-Marriage if you need proof that no certificate of marriage has been filed in Wisconsin in your name. To get this letter, submit a completed application, acceptable ID, and payment for the appropriate fee (indicated on the form) to the Wisconsin Vital Records Office.

References

Counties in Wisconsin

List of Content

What are Marriage Records?
Marriages in Wisconsin
1. Wisconsin Marriage Certificate
How To Find and Access Wisconsin Marriage Records
1. Finding and Accessing Wisconsin Marriage Records Online
2. Finding and Accessing Wisconsin Marriage Records Offline