MARRIAGE LICENSE INFORMATION
Residents of Wisconsin must apply in the county in which either applicant is a resident. The license issued in that county may be used anywhere in the state of Wisconsin.
To apply in Waukesha County one of the applicants must be a current Waukesha County resident, having lived in Waukesha County for at least 30 days, and be able to show proof of residency. Both applicants are required to provide proof of residency even if one of the applicants does not live in Waukesha County. Acceptable forms of residency include: driver’s license, non-driver’s identification card, utility bill, bank statement, pay stub, any government issued document, etc. listing the person and current address.
Applicants that do not reside in Wisconsin must apply for their license in the County where the marriage will take place.
WHEN TO APPLY
It is advisable that you apply for your license two to three weeks before your wedding day but not more than 35 days prior to the ceremony. Appointments are necessary. Once the marriage license is issued, it is valid for 30 days in the State of Wisconsin. There is a five day waiting period before newly issued marriage license can be used. In cases with extenuating circumstances you may petition the County Clerk for a waiver of the five (5) day waiting period, the waiver fee is $25.00. Contact the County Clerk’s office for more information.
Applicants must make their own arrangements in securing an officiant for their ceremony prior to application. The name, title, mailing address and phone number of the person performing the ceremony is required when applying. A list of Waukesha County Judges and Court Commissioners who may be available to perform ceremonies can be found here.
WEDDING CEREMONY LOCATION INFORMATION
Date and location of ceremony (name of Wisconsin County as well as the township, village or city where the ceremony will take place) must be provided at the time of application.
The marriage license fee is $110.00 payable at the time of application; cash, debit or credit cards are accepted. In cases with extenuating circumstances you may petition the County Clerk for a waiver of the five (5) day waiting period, the waiver fee is $25.00. Contact the County Clerk’s office for more information.
PROOF OF IDENTIFICATION
Both applicants must present some form of identification. The easiest way to prove your identification is with a valid, non-expired Wisconsin Driver's license or State ID or a passport.
PROOF OF AGE – Birth certificates
Both applicants must present certified copies of their birth certificates (hospital certificates or birth registration forms are not acceptable). Certified birth certificates have a statement stating that they are true and correct copies of the birth certificate and have an official seal (this seal could be an embossed seal or a colored seal) obtained from the Register of Deeds' office. Birth certificates not in English will require a notarized translation of the certificate to English.
PROOF OF PREVIOUS MARRIAGE DISSOLUTION - Divorce, Death or Annulment
If an applicant was previously married, a filed copy of the final judgment of divorce, legal annulment, or certified death certificate of the previous marriage, must be shown at the time of application. In Wisconsin it is unlawful for any person to marry until six (6) months after the date of the granting of a judgment of divorce, regardless of where the divorce was granted.
WHO MAY MARRY
The minimum age to marry is 18 years of age. Applicants who are 16 or 17 years of age must have both parents' consent or the consent of their legal guardian or court-appointed custodian. Both parents, guardian or custodian of the minor(s) must be present when the application is being made and present photo I.D. to complete and sign a consent form in the County Clerk’s office at the Courthouse location.
No marriage shall be contracted between persons who are nearer of kin than second cousins, except that marriage may be contracted between first cousins where the female has attained the age of 55 years.
Any document not in English must have attached to it a certified or notarized translation. Both applicants must speak and be able to read English. If not, the applicant(s) must provide a translator. The applicants may not translate for each other.
Both applicants must appear in person to swear, or affirm, that all of the information provided on the application is correct. For the health and safety of all involved, appointments are for applicants only (and interpreters where necessary).
Your officiant has three business days from the date of the wedding to file your license with the Register of Deeds in the county where the ceremony was performed. After filing, a certified copy of your marriage certificate may be obtained from any Register of Deeds in Wisconsin.
How to obtain Birth or Death Certificates:
If the birth or death occurred in Waukesha County, please contact:
Register of Deeds, Waukesha County, 262-548-7863 for more information or go to https://www.waukeshacounty.gov/ROD
If the birth/death occurred in another state, go to: www.cdc.gov/nchs
How to obtain Divorce Judgments or Annulment Judgments:
Copies of final divorce or annulment judgments are available from the county where the event occurred. To obtain judgment from Waukesha County, please contact:
Clerk of Courts, Family Court, Waukesha County Courthouse (262) 548-7544 for more information.
These regulations are governed by the laws of the State of Wisconsin. The regulations are the same statewide. The cost of a Marriage License and waiver fee may vary from County to County.
MARRIAGES IN A FOREIGN COUNTRY
When someone is married outside of the United States it is their responsibility to obtain the proper legal paper(s) from that country. It is important to obtain certified copies before you leave the foreign country and, if the certificate is in a foreign language, you should obtain notarized translations of the document. The document will be your only proof of the marriage. Wisconsin law does not provide for the filing of foreign marriage certificates. It is suggested that couples who desire to marry outside of the U.S. check with the Social Security Administration on the acceptability of specific marriage documents from their chosen country of marriage.
Below are informative links about getting a marriage license: