Are Wisconsin Marriage Records Public?
Yes. Members of the general public can view or obtain copies of marriage records in Wisconsin. The Statewide Vital Records Information System provides viewing access to anyone online. Individuals can also view dockets of marriage records at Wisconsin county clerks’ offices. Confidential information contained in marriage records is unavailable when accessed online.
Register of Deeds offices and the Wisconsin Vital Records Office provide the public with plain copies of marriage records. Certified copies of marriage records in the state are reserved for the following persons:
- Parties named on these records
- Their immediate family members
- Persons legally authorized by a party named on the record, e.g., a representing attorney.
- Persons requiring a copy to secure a property or personal right
Family Court records can include marriage records and divorce records. These records contain the personal information of those involved, and their maintenance is critical should anyone wish to make changes. Because of this, both marriage and divorce records can be more difficult to locate and obtain than other public records and may not be available through government sources or third-party public record websites.
How to Find Wisconsin Marriage Records
Wisconsin marriage records are official records documenting marriages approved and contracted in the state. These records are maintained by county clerk offices and the Vital Records of the state’s Department of Health Services. Members of the public seeking to find public marriage records can access marriage records according to the provisions of the Wisconsin Public Record Law. Marriage records typically include the names of the individuals joined in marriage, the wedding date, its location, and the officiant's signature.
How to Find Out if Someone is Married in Wisconsin
As long as a marriage occurred within Wisconsin, requesters can find marriage records online on the state-maintained database or third-party sites. For a required fee, public members can find out who got married and to whom within Wisconsin by providing the full name of the data subject. A requester can also apply for an uncertified marriage certificate from the Office of Vital Records to confirm if a person is married from the Wisconsin vital records of vital statistics.
What is Considered a Marriage Record in Wisconsin?
Wisconsin marriage records are legal documents that validate marriages. These records include marriage licenses and marriage certificates. Prospective couples must apply for marriage licenses to get married in the state. After their marriage ceremonies, these couples will be issued marriage certificates as proof of their marital unions.
Both government websites and organizations may offer divorce and marriage records. Similarly, third-party, public record websites can also provide these types of records. However because third-party organizations are not operated or sponsored by the government, record availability may vary. Further, marriage and divorce records are considered highly private and are often sealed, meaning the availability of these types of records cannot be guaranteed.
What is Considered a Marriage License in Wisconsin?
Wisconsin marriage licenses are official documents required by couples intending to be married in the state. Wisconsin officials only issue these records to persons who meet state requirements for marriage. These licenses serve as permits and are only valid within the state.
There are two parts to a marriage license in Wisconsin: the first part states that the application for a license has been granted. This is indicated by the signature of the county clerk. The second part is the worksheet section, which provides details about the upcoming event, such as the venue and date of the ceremony, as well as the identity of the officiant.
Both residents and non-residents can apply for marriage licenses in Wisconsin. However, a marriage ceremony must be conducted in the county where the marriage license was issued.
How to Change Your Name After Marriage in Wisconsin
The first stage of a name change after marriage in Wisconsin is submitting the marriage license to the appropriate agencies. Parties must then update their social security record. The party will need to visit a Social Security Administration office to submit a form-SS5. They will also be required to provide a valid I.D. and a certified copy of their marriage record.
Another important step is applying for a driver's license name change. Intending applicants should visit any local Wisconsin Department of Motor Vehicles office with proof of identity and name change. A duplicate driver's license costs $14 in Wisconsin.
What is Considered a Marriage Certificate in Wisconsin?
Wisconsin marriage certificates are vital records provided to married couples by the state in recognition of their marital unions. A marriage certificate outlines the names of the parties joined in marriage, the date of the wedding, the location of the event, and the signature of the officiant.
In Wisconsin, a marriage certificate is generated from the completed marriage license worksheet. The completed worksheet must be filed with the Register of Deeds office in the county where the marriage was performed no later than 72 hours after the ceremony. The Office of the Register of Deeds then proceeds to issue a certified copy of the marriage certificate to the couple. A certified copy usually comes with a raised legal seal that authenticates it. Couples need certified copies of marriage certificates when showing proof of their marital status for legal, tax, insurance, and immigration purposes. Marriage certificates in Wisconsin can be ordered online from the office of vital records in Wisconsin. Online marriage certificates for marriages that are not considered confidential are available to the public. Individuals seeking to get a hard copy of a marriage certificate can pay the required fee by cash, check, or money order payable to the record custodian.
Wisconsin Formal Marriage Licenses
Formal marriages in Wisconsin are those that have been contracted following the state’s regulations. The state only recognizes marriages between eligible individuals that meet its requirements and obtain valid licenses. Therefore, the regular marriage license issued in Wisconsin is the formal one.
Wisconsin Common Law Marriage Licenses
Common law marriages refer to the marital union between individuals who are not married but live together and present themselves to society as couples. This form of informal marriage is not recognized in Wisconsin, and the state does not issue licenses or certificates for such unions.
How Do I Get a Marriage License in Wisconsin?
Persons applying for Wisconsin marriage licenses must meet the state’s age requirement and provide certain documents establishing their identities and current marital status. The minimum marriage age in Wisconsin is 18 years. However, the state makes exceptions for 16- and 17-year-old applicants as long as they provide written consent from their parents/guardians. Persons younger than 16 years are not qualified to apply for a marriage license in the state. If anyone of the parties applying for a license was previously married, they must present evidence of the dissolution of that marriage. This can be a death certificate or a divorce decree not less than six months old.
To apply for a Wisconsin marriage license, both parties must appear in person at the county clerk’s office to complete the application form. They must also provide acceptable proof of identity (certified copies of birth certificates, driver’s licenses, or other government-issued IDs) as well as their social security numbers, phone numbers, and mail addresses.
The county clerk may also briefly interview both applicants. A Wisconsin marriage license costs $49.50 payable in cash to the clerk. It takes the clerk’s office three days to issue the license along with the worksheet. These will be sent by mail. A Wisconsin marriage license is valid for 30 days.
How Do I Obtain a Copy of My Marriage Certificate in Wisconsin?
Copies of marriage certificates from 1907 to the present are available from the Register of Deeds Offices (RDO) and at the Wisconsin Vital Records Office. Look up the Wisconsin RDO Directory for the address and contact information of the Register of Deeds Office in the county where the marriage was performed. Contact this office to enquire about how to submit a request for copies of a marriage certificate and accepted payment methods.
Provide the following information when requesting copies of a marriage record:
- Full names of the parties named on record including maiden name
- Date of the marriage
- County where the marriage was performed
- Phone number and a valid mail address of the applicant
- Relationship with a party named on the record - provide a document serving as proof of this relationship or a signed release from the bearer of the record. This is important for parties that wish to obtain certified copies.
- Reason for the request
To request copies of a marriage certificate from the Wisconsin Vital Records, download, print, and complete the marriage certificate application form. Attach a copy of a valid photo ID and a signed release/proof of relationship. Submit this request in person (between 8:00 a.m. and 4:15 p.m.) to:
1 West Wilson St.
Room 160
Madison, WI 53703
The first certified copy of a Wisconsin marriage certificate costs $20. Each additional copy of the same record ordered at the same time costs $3. Fees are payable by check or money order to the State of Wisconsin Vital Records. Allow for a maximum of 10 business days to process the request. Certified copies will be sent by the United States Postal Service (USPS) Regular Mail.
The Wisconsin Vital Records Office also accepts mail requests. To submit one, send the completed application, photocopies of required documents and, a check or money order for copy fee to:
Wisconsin Vital Records Office
P.O. Box 309
Madison, WI 53701
Are Prenups Public Record in Wisconsin?
Not entirely. While a prenup may be recorded with the recorder’s office in Wisconsin, the couples may choose not to record the entire agreement for privacy's sake. A prenup is a private agreement signed by a couple getting married that outlines the sharing of their assets and property in case of divorce or death. In accordance with Wisconsin state law, a prenup is not enforceable in a case where “the terms of the agreement are inequitable as to either party”. The law also states that in such events, the court will “presume any such agreement to be equitable as to both parties”. Wisconsin Legislature: 766.58(13)(c).
The eligibility requirement for a prenuptial agreement to be valid in Wisconsin includes the following:
- The agreement must be in written form and should be signed voluntarily by both parties.
- The document must have been signed before the marriage. Which in turn becomes effective after the marriage
- The agreement is not required to be held up by consideration. A consideration in this context is a valuable thing that each person involved in the agreement gives to the other as proof of support for the marriage contract.
In cases where one of the spouses signed the contract involuntarily, whether pressured or manipulated, the contract is considered null. The agreement is also unenforceable if it is reasonably unfair to one of the spouses. Lastly, a prenup would not be considered if one or both spouses did not provide full disclosure of their assets, properties, and liability. Spouses are each represented by their lawyers. They are not allowed to have a single lawyer. Notwithstanding, it is allowed if only one party has an attorney.
