Chapter 765, MARRIAGE

765.001 Title, intent and construction of chs. 765 to 768. (1) TITLE. Chapters 765 to 768 may be cited as “The Family Code”. (2) INTENT. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family. It is the intent of the legislature…

765.002 Definitions. (1) Unless the context clearly indicates otherwise “member of the clergy” in this chapter means spiritual adviser of any religion, whether the adviser is termed priest, rabbi, minister of the gospel, pastor, reverend or any other official designation. (2) In …

765.01 A civil contract. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife. History: 1979 c. 32 s. 48; Stats. 1979 s. 76…

765.02 Marriageable age; who may contract. (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, c…

765.03 Who shall not marry; divorced persons. (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…

765.035 Validity of marriages of epileptics. All marriages, otherwise valid and legal, contracted prior to April 24, 1953, to which either party was an epileptic person are hereby validated and legalized in all respects as though such marriages had been duly and legally contracte…

765.04 Marriage abroad to circumvent the laws. (1) If any person residing and intending to continue to reside in this state who is disabled or prohibited from contracting marriage under the laws of this state goes into another state or country and there contracts a marriage prohi…

765.05 Marriage license; by whom issued. 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 pa…

765.08 Application for marriage license. (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 applica…

765.09 Identification of parties; statement of qualifications. (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 …

765.11 Objections to marriage. (1) If any parent, grandparent, child, or natural guardian of a minor applicant for a marriage license, any brother, sister, or guardian of either of the applicants for a marriage license, either of the applicants, the district attorney, or a circui…

765.12 Marriage license, when authorized; corrections; contents. (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 lic…

765.13 Form of marriage document. The marriage document shall consist of the marriage license and the marriage license worksheet. The marriage license shall contain a notification of the time limits of the authorization to marry, a notation that the issue of the marriage license …

765.14 Form of marriage document when solemnized by parties. If the marriage is to be solemnized by the parties without an officiating person, as provided by s. 765.16 (1m) (c), the marriage document shall contain all those items and notations as required by s. 765.13. History: 1…

765.15 Fee to county clerk. 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 f…

765.16 Marriage contract, how made; officiating person. (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 o…

765.19 Delivery and filing of marriage document. 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 t…

765.20 Records and forms. (1) The state registrar of vital statistics shall prescribe forms for blank applications, statement, consent of parents, affidavits, documents and other forms as are necessary to comply with the provisions of this chapter. The county clerk shall keep amo…

765.21 Unlawful marriages void; validation. All marriages hereafter contracted in violation of ss. 765.02, 765.03, 765.04 and 765.16 shall be void, except as provided in ss. 765.22 and 765.23. The parties to any such marriage may validate the marriage by complying with the requir…

765.22 Immaterial irregularities as to authority of person officiating. No marriage hereafter contracted shall be void by reason of want of authority or jurisdiction in the officiating person solemnizing such marriage, if the marriage is in other respects lawful, and is consummat…

765.23 Immaterial irregularities otherwise. No marriage hereafter contracted shall be void either by reason of the marriage license having been issued by a county clerk not having jurisdiction to issue the same; or by reason of any informality or irregularity of form in the appli…

765.24 Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and …

765.30 Penalties. (1) The following may be fined not more than $10,000 or imprisoned for not more than 9 months or both: (a) Penalty for marriage outside the state to circumvent the laws. Any person residing and intending to continue to reside in this state who goes outside the s…

765.31 Action to recover penalties. Any fine or forfeiture imposed under s. 765.30 may be recovered in the same manner as other debts are recovered with the usual costs, in any court of record in any county in this state in which the defendant may be found. History: 1979 c. 32 ss…