Who can get married in Wisconsin?
Every mentally competent, single person over the age of 18 can get married in Wisconsin. Anyone between ages 16-18 also can get married but must first have written, notarized consent from his or her parents or guardian.
Persons divorced less than six months may not marry. A marriage between persons more closely related than second cousins usually is prohibited.
If you can't marry under Wisconsin law, could you marry in another state?
If you're a Wisconsin resident who is not allowed to marry under Wisconsin law and you get married elsewhere, your marriage will not be recognized here. You also could be fined or imprisoned for circumventing the law.
Can you remarry if you're paying child support?
Yes, your remarriage doesn't change your responsibility to pay child support. This is true even if you marry someone who has other children you also will be supporting. The court will not accept your new marriage as a reason for reducing or eliminating your support obligation.
What obligation do you and your spouse have to support your children?
Wisconsin law recognizes that both husband and wife have an obligation to support their children. Both of you are responsible for certain types of necessary family expenses even if you don't agree on the particular expense. Generally, these types of expenses cover medical care, education, food, and housing for family members, including such items purchased on credit. Defining whether a particular debt is a "necessary family expense" may require the advice of a lawyer.
Can one spouse commit the other to a contract or other legal obligation?
Yes. The Wisconsin Marital Property Act not only grants a one-half interest in all marital property but also gives creditors the right to attach all marital property. For instance, if one spouse gets credit, the law permits the creditor to take property held in the name of the other spouse to pay off the debt. The law makes significant changes in property management and control rights - for property of either or both spouses. You may want a marital agreement to spell out your rights in this regard so that neither spouse gets or pays more than expected. A lawyer can help you draft such an agreement.
Is common-law marriage recognized as legal in Wisconsin?
No. Some states recognize couples as married after they agree to marry and live together for a specified time - even though they never formally marry. Wisconsin requires a marriage license and an official ceremony.
Are there special considerations when getting married if you are pregnant or already have a child out of wedlock?
Yes. Many issues such as paternity, parental rights, inheritance, adoption, and child support obligations may be involved. Because these issues are complex, you may want to consult an attorney for specific advice.
How do you get married in Wisconsin?
Start by applying for a marriage license at the county clerk's office. It must be a county where one party has lived for the past 30 days. Your license will be issued after a five-day waiting period. A court can sometimes waive the waiting period for an emergency, such as illness or pregnancy.
Within 30 days of receiving your license, the marriage must be solemnized by mutual declarations (vows) before an authorized official and two witnesses. The authorized official can be an ordained member of the clergy, a judge, a court commissioner, or certain religious appointees. In some religions, you and your prospective spouse officiate under established customs or rules.
Last updated: July 2000 | 
