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 non/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.       

 

Applying In Sauk County

After scheduling an appointment, both parties are required to 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. and 4:00 p.m.  Allow ½ an hour of time to apply.

 

Identification of Parties

  • A certified copy of a birth certificate, translated into English, if necessary.

Wisconsin State Statutes require all parties to present a state-certified copy of a birth certificate. Per Wisconsin State Statutes §69.24. Photocopies cannot be accepted: 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.

  • Each party must present a valid photo ID (driver’s license, state-issued ID, or passport). 
  • Each party must show proof of residence (driver’s license, ID, mail, rent/mortgage receipt, checking or savings account). 
  • Social Security Number, if assigned. 

 

Ceremony Information Needed at Time of Application

  • Date of ceremony 
  • Location (township, village, city, and county) 
  • Name, address, and phone number of the officiant

 

Fees

  • $80.00 payable by check or cash at the time of application. 
  • A waiver of the three-day waiting period is available with an additional $20.00 fee, payable at application.

 

Waiting Period and Expiration 

  • Waiting period: 3 days unless waived. 
  • License must be used within 60 days of issuance.

 

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 (may vary state to state).

 

Age and Relationship Restrictions 

  • Minimum age: 18 (without consent) 
  • Age 16–17: Requires written parental or guardian consent
  • Marriages are prohibited if either party is still legally married, unless a six month waiting period has passed after a divorce or annulment. 
  • Marriages between closer-than-second cousins are prohibited, unless one party is over 55 or a physician states they are permanently sterile.

 

Legal Capacity

  • Both parties must understand and consent to marriage. 
  • Divorced persons must wait six months after final judgment to apply for their license and remarry.

 

Where To Obtain Vital Records:
Sauk County Register of Deeds:

(Birth & Death Records in Wisconsin)

Website:  https://www.co.sauk.wi.us/registerofdeeds/vital-records

 

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

 

Who May Legally Perform a Marriage in Wisconsin 

  • Ordained clergy or denominational licentiate (Wis. Stat. § 765.16) 
  • Court or court commissioner (Wis. Stat. § 765.17) 
  • Judge (municipal, reserve, or tribal) 
  • The couple may perform self-marriage if recognized by their religious tradition, but this is rare.

 

To request that a Judge or Court Commissioner perform your ceremony, please contact the County Clerk’s Office at:  608-355-3286, Monday through Friday, between 8:00 a.m. and 4:30 p.m.

  1. Judges perform marriage ceremonies in their courtroom Monday through Friday – no fee.
  2. Court Commissioners perform ceremonies at your venue – possible fee required, check with Commissioner.

 

Penalty Information 

  • Marrying outside Wisconsin to avoid law, false statements, or performing a marriage without proper authority can result in fines up to $10,000 or imprisonment
  • Unlawfully solemnizing a marriage can incur fines up to $500 or six months in jail.
 

Important Legal Guidance (related to Wisconsin Statutes and Administrative Procedures): 

  • Primary Identity Document: A certified birth certificate is required as the primary form of identification. Photocopies are not acceptable. 
  • Legal Name Changes & Identification: For name changes on marriage license, request the birth certificate and supporting documentation like court orders or adoption decrees.
  • Marriage Record Amendments:

Stage 1: Before issuance – applicant gives written notice; clerk issues new license.
Stage 2: Within 365 days – amendment through State Registrar with affidavit and documentation.
Stage 3: After 365 days – requires a court order.