Applying For A Marriage License

Marriage License Applications are taken by Appointment ONLY

Please call (608) 355-3286 to schedule an appointment

Where To Apply

Applicants who are State of Wisconsin residents, may apply for a marriage license in any county in the state of Wisconsin, and the license may be used in any county in the state.        
If both parties are nonresidents of the State of Wisconsin, application can be made in any county in Wisconsin.  

Where To Apply In Sauk County

After scheduling an appointment, both parties are required appear in person at the office of the Sauk County Clerk, West Square Building, 505 Broadway, Room #144, Baraboo, Wisconsin.  Appointments to apply for your marriage license are available Mon-Fri, between the hours of 8:15 a.m. to 4:00 p.m.  Allow ½ an hour of time to apply.

Identification of Parties
-Each party is required to present current photo identification.
-Each party is required to present proof of where they live in the form of a driver's license, state issued identification card, mail, rent or mortgage receipt, checking account, or savings account.

-Social security number, if assigned.

Wisconsin State Statutes require all parties to present a state certified copy of a birth certificate.  Photocopies cannot be accepted: Per Wisconsin State Statutes §69.24, it is illegal to make photocopies of any vital record, doing so carries a fine of $10,000.00.  Hospital and baptism certificates cannot be accepted.

If previously married - please bring applicable document as is required:
-Certified copy of death certificate
-Copy of state annulment papers
-Copy of prior divorce papers – Findings of Fact, Conclusions of Law

Where To Obtain Vital Records
Sauk County Register of Deeds

(Birth & Death Records in Wisconsin)

Website:  http://www.co.sauk.wi.us/dept/regodeed/index.html

State of Wisconsin Vital Records

(Birth, Divorce & Death Records in Wisconsin)

Website:  https://www.dhs.wisconsin.gov/vitalrecords/index.htm

Sauk County Clerk of Courts 

(Divorce Judgement Records)

Website: http://www.co.sauk.wi.us/clerkofcourts

Age: 18, without consent. Age 16 and 17, with written consent of the person’s parents, guardian, custodian, or a parent who has legal custody.

Relationship: A marriage cannot be contracted while either party has a husband or wife living; between persons who are closer in relationship than second cousins, whether parties to the marriage are half or whole blood, except that a marriage may be contracted between first cousins if the female has attained the age of 55 years, or if 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.

Assenting to marriage: A marriage cannot be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.

Divorced Persons: A person divorced, whether in the State of Wisconsin or elsewhere, cannot marry again until six months from the final judgment date.

Fee due at time of application: $80.00, payable by check or cash

Waiting Period: Three (3) days, unless a waiver of the waiting period has been granted.

Special dispensation of waiting period:  A waiver of the three (3) day waiting period is granted for any of the reasons outlined in Chapter 765 of the Wisconsin Statutes. An extra fee of $20.00, payable by check or cash, is charged at the time of application. 

Expiration: A marriage license is required to be used within 60 days from the issue date.

Ceremony information needed at time of application:
-Date of ceremony.
-Location: township, village, or city; and county where the ceremony is to take place.
-Name, address & phone # of the person officiating the ceremony.
 

To request a Judge or Court Commissioner perform your ceremony, call the office of the County Clerk between 8:00 a.m. and 4:30 p.m., M-F: 608.355.3286
1. Judges perform marriage ceremonies in their courtroom Monday thru Friday – no fee
2. Court Commissioners perform ceremonies at your venue – fee, check with Commissioner

Who May Legally Perform A Marriage In the State of Wisconsin, per Wisconsin State Statutes §765.16 and §765.17:
(1) Ordained clergy or licentiate of a denominational body or appointee of any bishop if a Wisconsin resident.
(2) Family court or other court commissioner or supplemental court commissioner in Wisconsin.
(3) Municipal judge, reserve judge or any judge of a court of record in Wisconsin or a Wisconsin tribal judge.
(4) The two parties themselves, by mutual declarations, in accordance with the customs, rules, and regulations of any religious society, denomination, or sect to which either of said parties belong, (per § 765.16, Wis. Stats.). At least one of you must belong to a religious organization that believes that the marriage ceremony should be performed without an officiant). NOTE: VERY FEW RELIGIONS ALLOW SELF MARRIAGE.
Other than the second page confidential portion, your marriage license application is a public record.

Penalty Information per §765.30, Wisconsin State Statutes:
(1) A fine of not less than $10,000 or imprisoned for not more than nine (9) months or both for:
a. Marrying outside the state for the purpose of avoiding Wisconsin law.
b. Making certain false statements to obtain a license to marry.
c. Wilfully and knowingly performing a marriage without statutory authority to perform marriages in the state. (See Who May Legally Perform a Marriage in Wisconsin above.)
d. Being a party to performing a fictitious marriage ceremony for fraudulent purposes.
(2) A fine of not less than $100 nor more than $500 or imprisoned for not more than six (6) months or both for:
a. Unlawfully solemnizing a marriage (by the officiant or by the two parties themselves).