Wisconsin
Wisconsin Marriage License Requirements 2026: Fees, 3-Day Wait
Independently fact-checked against primary sources (last audited October 7, 2026). · 17 primary sources cited on this page. How we verify our legal content
In Wisconsin, the county clerk of any county issues marriage licenses under Chapter 765 of the Wisconsin Statutes. You must wait 3 days after applying (Wis. Stat. 765.08), the license is good for 60 days anywhere in the state, and the fee starts at a statutory $49.50 that each county board may raise, so the price is often higher.
For the rules in other states, see our guide to marriage license requirements by state.
Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers getting a marriage license and marrying in Wisconsin under Chapter 765 of the Wisconsin Statutes, using the published procedures of the Dane and Waukesha county clerks. It does not cover divorce, ordering older marriage records, common-law marriage, or the rules of other states.
Where to Get a Marriage License in Wisconsin
Wisconsin does not tie the license to your county of residence. Wis. Stat. 765.05 requires that, before anyone is married in the state, "a marriage license has been obtained for that purpose from the county clerk of any county in this state."
The license then works statewide. Wis. Stat. 765.12(2) says: "The marriage license shall authorize the marriage ceremony to be performed in any county of this state within 60 days of issuance." Waukesha County notes that both Wisconsin and out-of-state residents may apply there.
You swear to the application before the clerk. If you live outside Wisconsin, your part of the application may be completed and sworn before the person authorized to accept marriage applications in your own county or state (Wis. Stat. 765.09).
How counties take applications
- Dane County: "Marriage licenses are processed virtually (via zoom) by appointment only." Each applicant must join the call.
- Waukesha County: "Both applicants must appear together and in-person," by appointment, Monday through Friday from 8:30 a.m. to 3:30 p.m.
We could not open the Milwaukee County Clerk's marriage page when we checked, so we do not describe its process here. Call or check that office directly.
Same-sex couples
The Fourteenth Amendment requires every state to license marriages between two people of the same sex (Obergefell v. Hodges, 576 U.S. 644 (2015)). Chapter 765 still uses "husband and wife" wording, but the official statutes site carries a note that Wolf v. Walker (W.D. Wis. 2014, affirmed by the Seventh Circuit in 2014) declared those limits unconstitutional as applied to same-sex couples.
What a Wisconsin Marriage License Costs
The state sets a floor, and counties build on it. Wis. Stat. 765.15 states: "Each county clerk shall receive as a fee for each license granted the sum of $49.50." Of that, $24.50 goes to the county and $25 to the state treasury, and each county board may increase the fee by any amount.
| County | License fee | Waiver of the 3-day wait | Payment | Source checked |
|---|---|---|---|---|
| Dane | $150 plus a service fee (amount not posted) | $25 | Cards accepted; due at the appointment | Clerk page, October 2026 |
| Waukesha | $110.00, paid at application | $25, in extenuating circumstances | Cash, debit or credit | Clerk page, October 2026 |
| Milwaukee | Not verified for this page | Not verified | Not verified | Page could not be opened |
Fees change, and the county clerk's page is the final word. Because Wisconsin lets you apply in any county, the price can differ depending on where you apply.
Documents You Need
Wis. Stat. 765.09 states: "Each applicant for a marriage license shall present satisfactory, documentary proof of identification and residence." Each of you also must:
- show a certified copy of your birth record. A REAL ID-compliant passport, driver's license or ID card, a permanent resident card, or naturalization papers may be accepted instead;
- submit a copy of any judgment or death record that affects your marital status, such as a divorce judgment or a former spouse's death record;
- give your Social Security number on the application if you have one (not having one does not bar the license).
If a document cannot be obtained, the clerk may accept other satisfactory proof and decides what counts as unobtainable. If the clerk is not satisfied with your documents, you may ask a judge of a court of record to review them.
County lists add detail. Dane County asks for a photo ID, your Social Security number, proof of current address, and a certified birth record, and says it accepts a REAL ID-compliant substitute only if your birth record is unobtainable. Dane also needs your officiant's name and the time and place of the wedding before you apply. Waukesha County asks for an ID, a document showing your address, a certified birth certificate with the official seal, proof that any prior marriage ended, and your officiant's name, title, address and phone number, plus the ceremony location.
Waiting Period and Expiration
Wisconsin has a short mandatory wait. Wis. Stat. 765.08 states that "no marriage license may be issued within 3 days of application for the marriage license." Dane County says the license is issued on the fourth calendar day.
The clerk may, at its discretion, issue the license sooner for an added fee of not more than $25 (Wis. Stat. 765.08(2)). Dane and Waukesha both charge $25 for this waiver, and Waukesha grants it in extenuating circumstances.
After issuance, the license authorizes a ceremony anywhere in Wisconsin within 60 days (Wis. Stat. 765.12(2)). An officiant who performs a ceremony more than 60 days after the license date can be fined $100 to $500 or jailed up to 6 months (Wis. Stat. 765.30(3)), so if your date slips past the window, ask the clerk about a new license.
Age Requirements to Marry in Wisconsin
A person 18 or older who is otherwise competent may marry. Wisconsin still allows marriage at 16 and 17 with consent. Wis. Stat. 765.02(2) states: "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," or the "parent having the actual care, custody and control of the person." Dane County has both parents or guardians sign the consent form before the clerk, and Waukesha County requires both parents, the guardian or the custodian to be present.
The consent must be given before the county clerk under oath, or certified in writing and verified by affidavit before a notary, and filed with the application. If the minor has no parent, guardian or custodian, or the custodian is an agency, the probate court may give consent after notice and a hearing for proper cause. Section 765.02 provides no route for anyone under 16.
The failed 2025 bill (not law)
Assembly Bill 656, introduced on November 19, 2025, would have repealed Wis. Stat. 765.02(2) and ended marriage at 16 and 17. It never left committee and failed to pass under Senate Joint Resolution 1 on March 23, 2026. The parental-consent route remains the law.
Who Cannot Marry in Wisconsin
Wis. Stat. 765.03(1) bars marriage while either party has a living husband or wife, and between persons who lack the understanding to assent to the marriage. It also bars relatives: no marriage "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" submits, at the time of application, an affidavit signed by a physician stating that either party is permanently sterile.
The 6-month wait after divorce
A divorced person must wait before remarrying. Wis. Stat. 765.03(2) bars a person who is or has been a party to a divorce from marrying again "until 6 months after judgment of divorce is granted," and a marriage within that period is void. For divorce rules, see Wisconsin divorce laws.
Marrying elsewhere to evade Wisconsin law
If a Wisconsin resident marries outside the state to get around these rules, the marriage is void (Wis. Stat. 765.04) and can be punished under Wis. Stat. 765.30. The rule also runs the other way: a couple who live in another state cannot validly marry in Wisconsin if the marriage would be void in their home state (Wis. Stat. 765.04(3)).
No Blood Test Required
The Chapter 765 sections we read contain no blood test or medical exam requirement. Instead, Wis. Stat. 765.12(1)(a) requires that "the county clerk shall provide information describing the causes and effects of fetal alcohol syndrome," along with information on the dangers to a fetus from the mother's use of cocaine or other drugs, with each license.
The only medical document in these sections is the optional physician affidavit of permanent sterility that lets first cousins under the age-55 rule marry.
Who Can Perform a Marriage in Wisconsin
Wis. Stat. 765.16 lists who may officiate:
- any ordained member of the clergy of any religious denomination or society who continues to be ordained;
- a licentiate or bishop appointee serving as regular clergy;
- any justice or judge, or reserve judge;
- a circuit court commissioner or supplemental court commissioner;
- a municipal judge.
Officiants other than the couple must be at least 18. Wis. Stat. 765.002(1) defines a member of the clergy broadly, as a spiritual adviser of any religion with any official designation. In Dane County, the clerk issues licenses only; ceremonies are arranged with judges or court commissioners.
Marrying yourselves
Wisconsin allows self-solemnization. Under Wis. Stat. 765.16(1m)(c), the 2 parties may marry themselves by mutual declarations made in accordance with the customs of any religious society, denomination or sect to which either of them belongs.
Witnesses
Every Wisconsin marriage needs witnesses. The mutual declarations must be made "in the presence of at least 2 competent adult witnesses other than the officiating person." Only 1 witness is needed if a party is on active duty in the armed forces, the reserve, or the national guard.
Online ordination and penalties
Chapter 765 does not mention online ordination, and we found no official Wisconsin source that addresses it. If your officiant was ordained online, ask your county clerk before the wedding. A person who is not authorized and intentionally undertakes to solemnize a marriage may be fined up to $10,000 or jailed up to 9 months (Wis. Stat. 765.30(2)(c)).
Proxy Marriage
Chapter 765 has no proxy marriage provision. Wis. Stat. 765.16(1m) requires mutual declarations by the 2 parties "made before an authorized officiating person and in the presence of at least 2 competent adult witnesses," which contemplates both of you appearing. Ask the clerk or a lawyer if a proxy ceremony is part of your plan.
After the Ceremony
The deadline is short. Wis. Stat. 765.19 requires the officiant (or, in a self-solemnized marriage, either of you) to return the marriage document, completed in unfading black ink, "to the register of deeds of any county in this state within 3 days after the date of the marriage."
Missing that deadline can bring a fine of $10 to $200 or up to 3 months in jail for the officiant, or for a couple who married themselves (Wis. Stat. 765.30(4)(a)).
Certified copies come later from the register of deeds or state vital records. For ordering copies, see Wisconsin marriage and divorce records. If one of you is changing your last name, see Wisconsin name change laws and name change after marriage.
Common Myths About Wisconsin Marriage Licenses
"You must apply in your home county and marry there." Any Wisconsin county clerk may issue the license, and it is good for a ceremony in any Wisconsin county (Wis. Stat. 765.05, 765.12(2)).
"The fee is $49.50." That is the statutory base. County boards may add to it, and Dane and Waukesha charge $150 plus a service fee and $110.
"Wisconsin banned marriage under 18." It did not. 16- and 17-year-olds may still marry with written consent, and the 2025 ban bill (AB 656) failed.
"First cousins can never marry in Wisconsin." They may if the woman is 55 or older, or if a physician's affidavit states that either party is permanently sterile (Wis. Stat. 765.03(1)).
Disclaimer: This article provides general legal information about getting a marriage license in Wisconsin under Chapter 765 of the Wisconsin Statutes. It is not legal advice. The information was verified on October 7, 2026. For your specific situation, contact a Wisconsin county clerk or consult a lawyer licensed in Wisconsin.
Related
- Marriage license requirements by state
- Wisconsin marriage and divorce records
- Wisconsin name change laws
- Illinois marriage license requirements
- Minnesota marriage license requirements
Last updated: October 7, 2026.
Frequently Asked Questions
Where do I get a marriage license in Wisconsin?
From the county clerk of any Wisconsin county, under Wis. Stat. 765.05. You do not have to apply where you live, and out-of-state residents may apply too.
How much is a marriage license in Wisconsin?
It depends on the county. Wis. Stat. 765.15 sets a $49.50 base fee that county boards may increase; Dane County charges $150 plus a service fee and Waukesha County charges $110.
Is there a waiting period for a marriage license in Wisconsin?
Yes. Wis. Stat. 765.08 bars issuing the license within 3 days of the application. The clerk may waive the wait at its discretion for an added fee of up to $25.
How long is a Wisconsin marriage license valid?
60 days from issuance. Wis. Stat. 765.12(2) says the license authorizes a ceremony in any Wisconsin county within that time.
Can a 16 or 17-year-old get married in Wisconsin?
Yes, with the written consent of the minor's parents, guardian or custodian, or the parent with actual custody, under Wis. Stat. 765.02(2), or the probate court if there is none. A 2025 bill to end this, AB 656, failed on March 23, 2026.
Can first cousins marry in Wisconsin?
Only if the woman is at least 55, or if either party submits a physician-signed affidavit that one of them is permanently sterile (Wis. Stat. 765.03(1)).
How long after a divorce can you remarry in Wisconsin?
6 months after the judgment of divorce is granted. A marriage within that period is void under Wis. Stat. 765.03(2).
Can you marry yourselves in Wisconsin?
Yes, if you follow the customs of a religious society, denomination or sect that either of you belongs to (Wis. Stat. 765.16(1m)(c)). You still need 2 competent adult witnesses.
How many witnesses do you need to get married in Wisconsin?
At least 2 competent adult witnesses besides the officiant, or 1 if a party is on active duty in the armed forces, reserve or national guard (Wis. Stat. 765.16).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wisconsin Statutes, Chapter 765: Marriage
§ 765.05Marriage license; by whom issued.In forcecited in 2 of our articles
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 any county in this state. If one of the persons is a nonresident of this state, 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1992
Opinions citing this section in our collection:
- Opinion No. Oag 15-92, (1992) (Wisconsin Attorney General Reports 1992, 80 Op. Att'y Gen. 236)“…dence of 30 days. Legislative Council Note — 1959, Wis. Stat. Ann. § 765.05 (West 1981). This history shows that…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Wisconsin: Is It Recognized? (2026)
§ 765.08Application for marriage license.In force
(1) Except as provided in sub. (2), no marriage license may be issued within 3 days of application for the marriage license. (2) The county clerk may, at his or her discretion, issue a marriage license within less than 3 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 765.12Marriage license, when authorized; corrections; contents.In forcecited in 2 of our articles
(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 information describing the causes and effects of fetal alcohol syndrome and the dangers to a fetus from the mother’s use of cocaine or other drugs during pregnancy. (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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Wolf v. Walker (District Court, W.D. Wisconsin 2014, 9 F. Supp. 3d 889)“…nty clerks in Wisconsin issue all marriage licenses, see Wis. Stat. § 765.12 (1), a judgment in plaintiffs’ favor in…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 765.09Identification of parties; statement of qualifications.In force
(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 who has a social security number, as well as any other informational items that the department of health services directs. The clerk shall accept as proof of identification documentation as set forth under par. (b).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 765.02Marriageable age; who may contract.In forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Patricia Mudlaff v. Joseph McLeod (Wisconsin Supreme Court 2013, 350 Wis. 2d 182)“…ge may marry with the requisite parental permission. *196 Wis. Stat. § 765.02 . Wisconsin Stat. § 765.03 lists four s…”
- Julaine K. Appling v. Scott Walker (Wisconsin Supreme Court 2014, 358 Wis. 2d 132)“…8 and the substantial similarity that 7 See Wis. Stat. §§ 765.02, 765.03 (requirements for persons enter…”
- State v. Jerrell C.J. (Court of Appeals of Wisconsin 2003, 269 Wis. 2d 442)“…year olds cannot get married without parental permission, Wis. Stat. § 765.02 ; children may not buy or lease a car w…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Emancipation Laws: How Minors Become Emancipated in Wisconsin (2026)
§ 765.15Fee to county clerk.In force
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 765.16Marriage contract, how made; officiating person.In forcecited in 2 of our articles
(1m) Marriage may be validly solemnized and contracted in this state only after a marriage license has been issued therefor, and only by the mutual declarations of the 2 parties to be joined in marriage that they take each other as husband and wife, made before an authorized officiating person and in the presence of at least 2 competent adult witnesses other than the officiating person. If one of the parties is serving on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces, in a reserve unit of the U.S. armed forces, or in the national guard, the presence of only one competent adult witness other than the officiating person is required. The following are authorized to be officiating persons: (a) Any ordained member of the clergy of any religious denomination or society who continues to be an ordained member of the clergy. (b) Any licentiate of a denominational body or an appointee of any bishop serving as the regular member of the clergy of any church of the denomination to which the member of the clergy belongs, if not restrained from so doing by the discipline of the church or denomination.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 765.03Who shall not marry; divorced persons.In force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 765.19Delivery and filing of marriage document.In force
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 any county in this state within 3 days after the date of the marriage.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
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Sources and References
- Wis. Stat. 765.08 (3-day wait and early-issue fee)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.05 (license from the county clerk of any county)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.12 (statewide validity for 60 days; information given with license)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.09 (application, identification and documents)(docs.legis.wisconsin.gov).gov
- Dane County Clerk, Marriage(clerk.danecounty.gov).gov
- Waukesha County Clerk, Marriage Licenses(waukeshacounty.gov).gov
- Obergefell v. Hodges, 576 U.S. 644 (2015), U.S. Reports via govinfo.gov(govinfo.gov).gov
- Wisconsin Statutes Chapter 765, Marriage (including the note to 765.001 on Wolf v. Walker)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.15 (license fee)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.02 (age and consent)(docs.legis.wisconsin.gov).gov
- Wisconsin Legislature, 2025 Assembly Bill 656 history(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.03 (prohibited marriages; remarriage after divorce)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.04 (marriages contracted to circumvent Wisconsin law)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.30 (penalties)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.16 (officiants, self-solemnization and witnesses)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.002 (definition of member of the clergy)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 765.19 (return of the marriage document)(docs.legis.wisconsin.gov).gov