Applying for Your Marriage License
 
KIMBERLY S. BUSHEY
WALWORTH COUNTY CLERK

RESIDENTS OF THE STATE OF WISCONSIN if either the groom or bride is a resident of Wisconsin you must apply before the County Clerk of the County in which either is a resident for at least 30 days. They may be married in any county in the State of Wisconsin.

NON-RESIDENTS OF THE STATE OF WISCONSIN if both the bride and the groom are not residents of Wisconsin you must apply before the County Clerk of the County in which they will be married.

WHERE TO APPLY IN WALWORTH COUNTY
Walworth County Clerks Office, Walworth County Government Center, 100 W. Walworth St., Elkhorn, WIRoom 101.

WHEN TO APPLY
Application must be made between 8:00 a.m. and 4:30 p.m., Monday through Friday. There is a statutory five-day waiting period, exclusive of the day of application, required from the time of application until the license is issued. For example, if an application is completed on the 10th of a month, the license will be issued and can be used on the 15th of the month. If the fifth day falls on the weekend or holiday, the license will be issued on the next business day.  Counting the day after issuance date, the marriage license is valid for exactly 30 days, and must be used in that period of time. Since the license is valid for 30 days after issuance, application can be made up to 35 days ahead of the ceremony, but no further in advance. Licenses cannot leave the Clerks office until the license becomes effective. Couples should take into account that the office is not open Saturdays, Sundays or legal holidays. For example, if a couple is planning to be married on a Saturday, application would have to be made at least by the Friday preceding the week of the marriage to be able to pick up the license during office hours. BEST "RULE OF THUMB" (considering weekends, etc.): Apply no less than 7 days before and no more than 35 days before the ceremony.

REQUIREMENTS
Both bride and groom must be present at time of application with documentary proof of identification and residence. This is a valid (not expired) drivers license or state ID, showing photo for identification and reflecting your CURRENT ADDRESS. If a current address is not shown on the drivers license, two pieces of mail with current address must be presented.

Certified copy of birth certificate required for all applicants. The certified copy is that copy which has been obtained from the County or State level office where vital records are held and who are authorized to issue certified copies of such records. We CANNOT accept photocopies, certificates issued by hospitals, baptismal record, Birth Registration Notification forms, etc. Some birth certificates do not include the parents' FULL names.  In those cases, applicants must be able to state their parents full names (full first, full middle and mothers maiden names), correctly spelled.

If there have been previous marriages for bride and/or groom: Proof showing how and when the last marriage ended must be presented. Divorce: Judgment of Divorce papers are needed. This is the document showing the names of the parties being granted the divorce, with the actual granting date clearly stated on it and a judges signature (the official who granted the divorce) usually found on the last page. There is a six-month waiting period after the divorce is granted. Thus, a person cannot be issued a marriage license if they have been divorced less than six months ago. For example, if a divorce was granted on June 1, the soonest the couple could be issued a marriage license and could be married would be Dec. 1 of the same year. Annulment: Annulment papers must be presented. This would be annulment through the Court system, not through a church. Death: A certified death certificate must be presented. (In the case where an applicant has been married more than once, only documentation from the last, most recent marriage is required).

Under the Child Support Enforcement law, Social Security numbers of the bride and groom must be recorded in the confidential section of the application/marriage license. The couple may either state these numbers to us, or bring the Social Security cards with them at time of application.

Applicants will be asked to provide the name of the officiant (person performing the ceremony), officiants address and phone number along with the date of the ceremony. If the officiant is not a resident of Wisconsin, please contact the County Clerks office for further information regarding this.

FEE
$80.00 paid at time of application CASH ONLY (checks, credit cards or debit cards are not accepted)  There is an additional $2.00 charge if the license is to be mailed.

PERSONS WHO MAY NOT MARRY
Blood relatives nearer of kin than second cousin, except when the bride is 55 years of age or older.

Males or females under the age of 16.

Persons divorced less than six (6) months.

AGE
Males and females can marry without parents consent at 18 years of age.

At age 16 or 17, applicant is required to submit both parents or guardians consent to the marriage. Parent or Guardian Consent forms (obtainable in the County Clerks office) must be signed by both parents or guardian before the County Clerk, Deputy County Clerk or Notary Public.

Applicants under the age of 16 cannot marry under any circumstances.

No blood work or physicals are required.

IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE COUNTY CLERKS OFFICE.

(262) 741-4241


updated 3/8/12

 
 

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