reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.93 - Confidentiality of proceedings.

757.93
Confidentiality of proceedings.
(1)
(a)
All proceedings under ss. 757.81 to 757.99 relating to misconduct or permanent disability prior to the filing of a petition or formal complaint by the commission are confidential unless a judge or circuit or supplemental court commissioner waives the right to confidentiality in writing to the commission. Any such waiver does not affect the confidentiality of the identity of a person providing information under par. (b).
(b)
Any person who provides information to the commission concerning possible misconduct or permanent disability may request that the commission not disclose his or her identity to the judge or circuit or supplemental court commissioner prior to the filing of a petition or a formal complaint by the commission.
(2)
If prior to the filing of a formal complaint or a petition an investigation of possible misconduct or permanent disability becomes known to the public, the commission may issue statements in order to confirm the pendency of the investigation, to clarify the procedural aspects of the disciplinary proceedings, to explain the right of the judge or circuit or supplemental court commissioner to a fair hearing without prejudgment, to state that the judge or circuit or supplemental court commissioner denies the allegations, to state that an investigation has been completed and no probable cause was found or to correct public misinformation.
(3)
The petition or formal complaint filed under s. 757.85 by the commission and all subsequent hearings thereon are public.
(4)
This section does not preclude the commission, in its sole discretion, from:
(a)
Referring to the director of state courts information relating to an alleged delay or an alleged temporary disability of a judge or circuit or supplemental court commissioner.
(b)
Referring to an appropriate law enforcement authority information relating to possible criminal conduct or otherwise cooperating with a law enforcement authority in matters of mutual interest.
(c)
Referring to an attorney disciplinary agency information relating to the possible misconduct or incapacity of an attorney or otherwise cooperating with an attorney disciplinary agency in matters of mutual interest.
(d)
Disclosing to the chief justice or director of state courts information relating to matters affecting the administration of the courts.
(e)
Issuing an annual report under s. 757.97.
History:  1977 c. 449; 1983 a. 378 ss. 8r, 11m; 1987 a. 72; 1991 a. 269; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.94 - Privilege; immunity.

757.94
Privilege; immunity.
(1)
A complaint or communication alleging judicial misconduct or permanent disability with the commission, executive director, commission staff or panel and testimony in an investigation under this section is privileged.
(2)
A presiding judge, executive director or a member of the commission, commission staff or panel is immune from civil liability for any conduct in the course of the person's official duties under ss. 757.81 to 757.99.
History:  1977 c. 449; 1983 a. 27, 378.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.95 - Temporary suspension by supreme court.

757.95
Temporary suspension by supreme court.
The supreme court may, following the filing of a formal complaint or a petition by the commission, prohibit a judge or circuit or supplemental court commissioner from exercising the powers of a judge or circuit or supplemental court commissioner pending final determination of the proceedings.
History:  1977 c. 449; 1991 a. 269; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.97 - Annual report.

757.97
Annual report.
The commission shall issue an annual report on or before April 1 of each year which provides information on the number and nature of complaints received and their disposition, and the nature of actions it has taken privately concerning the conduct of judges or court commissioners. Information contained in the annual report shall be presented in a manner consistent with the confidentiality requirements under s. 757.93. The report shall be filed with the chief justice of the supreme court, the governor and the presiding officers of the senate and the assembly.
History:  1983 a. 378; 1987 a. 72; 1991 a. 269.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.99 - Attorney fees.

757.99
Attorney fees.
A judge or circuit or supplemental court commissioner against whom a petition alleging permanent disability is filed by the commission shall be reimbursed for reasonable attorney fees if the judge or circuit or supplemental court commissioner is found not to have a permanent disability. A judge or circuit or supplemental court commissioner against whom a formal complaint alleging misconduct is filed by the commission and who is found not to have engaged in misconduct may be reimbursed for reasonable attorney fees. Any judge or circuit or supplemental court commissioner seeking recovery of attorney fees authorized or required under this section shall file a claim with the claims board under s. 16.53.
History:  1977 c. 449; 1981 c. 20; 1983 a. 378 s. 11m; 1991 a. 269; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 758 - Judicial branch agencies and committees. › 758.01 - State law library.

758.01
State law library.
(1)
The supreme court shall maintain a state law library for the use of officers and employees of this state, attorneys and the public. The supreme court may promulgate and enforce rules governing the use of the library and appoint and fix the compensation of a librarian and such staff as is necessary to operate the library.
(2)
The supreme court may establish and charge fees for photocopying, microfilm copying, books, generation of copies of documents from optical disc or electronic storage, computer services, and other services provided by the state law library. The fees are subject to the cost limitations under ss. 19.35 (3) and 20.908.
History:  1971 c. 152 ss. 7, 40; 1971 c. 254 ss. 1, 2, 4 to 16; Stats. 1971 s. 257.01; 1977 c. 29; 1977 c. 187 s. 97; Stats. 1977 s. 758.01; Sup. Ct. Order, eff. 1-1-80; 1983 a. 27, 538; 1991 a. 39; 1995 a. 27; 2015 a. 196.
2023 Wisconsin Statutes & Annotations › Chapter 758 - Judicial branch agencies and committees. › 758.171 - Judicial conference: uniform citation.

758.171
Judicial conference: uniform citation.
The judicial conference shall adopt a uniform citation form for use as authorized under s. 968.085. A duly authenticated copy of this form shall be furnished to the secretary of state and kept on file in his or her office. The secretary of state shall transmit a copy of this form to the clerks of circuit court.
History:  1983 a. 433.
2023 Wisconsin Statutes & Annotations › Chapter 758 - Judicial branch agencies and committees. › 758.18 - Judicial conference: standard court forms.

758.18
Judicial conference: standard court forms.
(1)
The judicial conference shall adopt standard court forms for use by parties and court officials in all civil and criminal actions and proceedings in the circuit court as provided in ss. 807.001 (1) and 971.025 (1). If an applicable court form has been adopted under sub. (2), that form may be used in lieu of the standard court form.
(2)
At the request of the director of state courts, the judicial conference may adopt forms created for voluntary use by self-represented litigants in the circuit court. The judicial conference shall identify which forms are intended for voluntary use.
(3)
The judicial conference may adopt translations of forms adopted under subs. (1) and (2). The judicial conference shall identify the forms to be translated and the languages to be used.
History:  Sup. Ct. Order No. 98-01, 228 Wis. 2d xiii (2000); Sup. Ct. Order No. 05-02, 2005 WI 41, 278 Wis. 2d xxxv; Sup. Ct. Order No. 05-04, 2005 WI 44, 278 Wis. 2d xxxix.
Court Orders Use of Standard Court Forms. Nispel. Wis. Law. Dec. 1999.
2023 Wisconsin Statutes & Annotations › Chapter 758 - Judicial branch agencies and committees. › 758.20 - Consolidated court automation programs.

758.20
Consolidated court automation programs.
(1)
In this section, “Wisconsin Circuit Court Access Internet site" means the Internet site of the consolidated court automation programs, which is the statewide electronic circuit court case management system established under s. 758.19 (4) and maintained by the director of state courts, that provides information regarding the cases heard in the circuit courts.
(2)
The director of state courts may not remove case management information from the Wisconsin Circuit Court Access Internet site for a civil case that is not a closed, confidential, or sealed case for the following periods:
(a)
If a writ of restitution has been granted in an eviction action, a period of at least 10 years.
(b)
If an eviction action has been dismissed and no money judgment has been docketed, a period of at least 2 years.
(3)
The director of state courts shall ensure the Wisconsin Circuit Court Access Internet site provides the department of corrections access to the information required to complete the report under s. 973.25 (8).
History:  2017 a. 317; 2019 a. 123.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.002 - Definitions.

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 this chapter “church under his or her ministry" includes any congregation, parish or place of worship at which any member of the clergy is located or assigned and also any administrative, missionary, welfare or educational agency, institution or organization affiliated with any religious denomination or society in this state.
(3)
In this chapter, “marriage certificate" means that portion of the marriage document designated as such, which includes the marriage license as well as the information concerning the marriage ceremony, signatures resulting from the ceremony and proof of filing.
(4)
In this chapter, “marriage document” is that record consisting of the marriage license, the marriage certificate and the confidential information collected for statistical purposes only.
(5)
In this chapter, “marriage license" means that portion of the marriage document designated as such, which is authorization for the marriage to take place.
(6)
In chs. 765 to 768 “void" means null and void and not voidable.
History:  1979 c. 32 s. 48; 1979 c. 89, 176, 177; Stats. 1979 s. 765.002; 1981 c. 20; 1991 a. 315; 2017 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.01 - A civil contract.

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. 765.01.
NOTE:  In Wolf v. Walker, 26 F. Supp. 3d 866 (2014), the U.S. District Court, Western District of Wisconsin declared that “Any Wisconsin statutory provisions, including those in Wisconsin Statutes chapter 765, that limit marriages to a `husband' and a `wife,' are unconstitutional as applied to same-sex couples." Affirmed. 766 F.3d 648. U.S. Seventh Circuit Court of Appeals, Case No. 14-2526, issued September 4, 2014. See also Obergefell v. Hodges, 576 U. S. 644, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015).
NOTE:  See also Art. XIII, sec. 13, Marriage.
Same-sex couples may exercise the fundamental right to marry in all states. The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the 14th amendment couples of the same-sex may not be deprived of that right and that liberty. Obergefell v. Hodges, 576 U.S. 644, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015).
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.02 - Marriageable age; who may contract.

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, custodian under s. 767.225 (1) or 767.41, or parent having the actual care, custody and control of the person. The written consent must be given before the county clerk under oath, or certified in writing and verified by affidavit or affirmation before a notary public or other official authorized to take affidavits. The written consent shall be filed with the county clerk at the time of application for a marriage license. If there is no guardian, parent or custodian or if the custodian is an agency or department, the written consent may be given, after notice to any agency or department appointed as custodian and hearing proper cause shown, by the court having probate jurisdiction.
History:  1971 c. 149; 1971 c. 213 s. 5; 1975 c. 39, 94, 200; 1979 c. 32 ss. 48, 92 (4); Stats. 1979 s. 765.02; 1981 c. 20 s. 2200; 1999 a. 85; 2005 a. 443 s. 265.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.03 - Who shall not marry; divorced persons.

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 attained the age of 55 years or where 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. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.
(2)
It is unlawful for any person, who is or has been a party to an action for divorce in any court in this state, or elsewhere, to marry again until 6 months after judgment of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgment of divorce shall be void.
History:  1971 c. 220; 1977 c. 8, 83, 203; 1979 c. 32 s. 48; Stats. 1979 s. 765.03.
A marriage can be declared null and void after the death of a spouse, although a marriage may not be annulled after the death of a party. Ellis v. Estate of Toutant, 2001 WI App 181, 247 Wis. 2d 400, 633 N.W.2d 692, 00-2535.
Chapter 765 sets out the criteria for a valid marriage in this state. Failure to meet one of these criteria often results in a void marriage. An action for declaratory judgment under s. 806.04 is the established mechanism for testing the validity of a marriage in an estate case because s. 806.04 explicitly provides standing for interested parties in an estate action. McLeod v. Mudlaff, 2013 WI 76, 350 Wis. 2d 182, 833 N.W.2d 735, 11-1176.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.035 - Validity of marriages of epileptics.

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 contracted in the first instance.
History:  1979 c. 32 s. 48; Stats. 1979 s. 765.035.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.04 - Marriage abroad to circumvent the laws.

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 prohibited or declared void under the laws of this state, such marriage shall be void for all purposes in this state with the same effect as though it had been entered into in this state.
(2)
Proof that a person contracting a marriage in another jurisdiction was (a) domiciled in this state within 12 months prior to the marriage, and resumed residence in this state within 18 months after the date of departure therefrom, or (b) at all times after departure from this state, and until returning maintained a place of residence within this state, shall be prima facie evidence that at the time such marriage was contracted the person resided and intended to continue to reside in this state.
(3)
No marriage shall be contracted in this state by a party residing and intending to continue to reside in another state or jurisdiction, if such marriage would be void if contracted in such other state or jurisdiction and every marriage celebrated in this state in violation of this provision shall be null and void.
History:  1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.04.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.05 - Marriage license; by whom issued.

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 part of the application may be completed and sworn to or affirmed before the person authorized to accept marriage license applications in the county and state in which the nonresident resides.
History:  1979 c. 32 ss. 48, 92 (2); 1979 c. 89, 176, 177, 355; Stats. 1979 s. 765.05; 1981 c. 20, 142, 314; 1999 a. 85; 2021 a. 84; 2021 a. 240 s. 30.
Residency requirements are discussed. 80 Atty. Gen. 236.
Choice of Law: Will a Wisconsin Court Recognize a Vermont Civil Union? DeFranco. 85 MLR 251 (2001).
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.08 - Application for marriage license.

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 application if the applicant pays an additional fee of not more than $25 to cover any increased processing cost incurred by the county. The county clerk shall pay this fee into the county treasury.
History:  1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.08; 1981 c. 20, 142; 2009 a. 28; 2021 a. 84.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.09 - Identification of parties; statement of qualifications.

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 one another is void under s. 765.03 (2) and who intend to intermarry under s. 765.21.
(2)
No marriage license may be issued unless the application for it is subscribed by the parties intending to intermarry, contains the social security number of each party who has a social security number and is filed with the clerk who issues the marriage license.
(3)
(a)
Each applicant for a marriage license shall present satisfactory, documentary proof of identification and residence and shall swear to or affirm the application before the clerk who is to issue the marriage license or the person authorized to accept marriage license applications in the county and state where the party resides. The application shall contain the social security number of each party who has a social security number, as well as any other informational items that the department of health services directs. The clerk shall accept as proof of identification documentation as set forth under par. (b). The portion of the marriage application form that is collected for statistical purposes only shall indicate that the address of the marriage license applicant may be provided by a county clerk to a law enforcement officer under the conditions specified under s. 765.20 (2).
(b)
Each applicant for a marriage license shall exhibit to the clerk a certified copy of a birth record, and each applicant shall submit a copy of any judgment or death record affecting the applicant's marital status. If any applicable birth record, death record, or judgment is unobtainable, other satisfactory documentary proof of the requisite facts therein may be presented in lieu of the birth record, death record, or judgment. If an applicant presents a passport, license or identification card that meets the requirements of P.L. 109-13, permanent resident card, or naturalization paper in lieu of the birth record, the clerk shall consider such documentation satisfactory documentary proof for purposes of this paragraph. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall notify the applicant that the applicant has the right to request review of the submitted material by a judge of a court of record and shall, upon request by an applicant, submit the presented proof to a judge of a court of record in the county of application for an opinion as to its sufficiency.
(c)
For purposes of par. (b), the clerk shall have discretion to determine whether a document is unobtainable.
History:  1977 c. 418; 1979 c. 32 s. 48; 1979 c. 221; Stats. 1979 s. 765.09; 1981 c. 20; 1985 a. 103; 1995 a. 27 s. 9126 (19); 1995 a. 469; 1997 a. 191; 1999 a. 85; 2007 a. 20 s. 9121 (6) (a); 2007 a. 214; 2017 a. 334; 2021 a. 84.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.11 - Objections to marriage.

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 circuit court commissioner believes that the statements of the application are false or insufficient, or that an applicant is adjudicated incompetent without the right to marry, that person may file with the court having probate jurisdiction in the county in which the marriage license is applied for, a petition under oath, setting forth the grounds of objection to the marriage, and asking for an order requiring the parties making the application to show cause why the marriage license should not be refused. Whereupon, the court, if satisfied that the grounds of objection are prima facie valid, shall issue an order to show cause as aforesaid, returnable as the court directs, but not more than 14 days after the date of the order, which shall be served forthwith upon the applicants for the marriage license residing in the state, and upon the clerk before whom the application has been made, and shall operate as a stay upon the issuance of the marriage license until further ordered; if either or both of the applicants are nonresidents of the state the order shall be served immediately upon the nonresident by publication of a class 1 notice, under ch. 985, in the county in which the application is pending, and by mailing a copy thereof to the nonresident at the address contained in the application.
(2)
If, upon hearing, the court finds that the statements in the application are willfully false or insufficient, or that either or both of said parties are not competent in law to marry, the court shall make an order refusing the marriage license, and shall immediately report such matter to the district attorney. If said falseness or insufficiency is due merely to inadvertence, then the court shall permit the parties to amend the application so as to make the statements therein true and sufficient, and upon application being so amended, the marriage license shall be issued. If any party is unable to supply any of the information required in the application, the court may, if satisfied that such inability is not due to willfulness or negligence, order the marriage license to be issued notwithstanding such insufficiency. The costs and disbursements of the proceedings under this section shall rest in the discretion of the court, but none shall be taxed against any district attorney or circuit court commissioner acting in good faith.
History:  1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.11; 1981 c. 20 ss. 1777v, 2200; 2001 a. 61; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.12 - Marriage license, when authorized; corrections; contents.

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 license the county clerk shall provide information describing the causes and effects of fetal alcohol syndrome and the dangers to a fetus from the mother's use of cocaine or other drugs during pregnancy.
(b)
If, after completion of the marriage license application, one of the applicants notifies the clerk in writing that any of the information provided by that applicant for the license is erroneous, the clerk shall notify the other applicant of the correction as soon as reasonably possible. If the marriage license has not been issued, the clerk shall prepare a new license with the correct information entered. If the marriage license has been issued, the clerk shall immediately send a letter of correction to the state registrar to amend the erroneous information.
(c)
If, after completion of the marriage license application, the clerk discovers that correct information has been entered erroneously, the clerk shall, if the marriage license has not been issued, prepare a new license with the correct information correctly entered. If the marriage license has been issued, the clerk shall immediately send a letter of correction to the state registrar to amend the erroneous information.
(2)
The marriage license shall authorize the marriage ceremony to be performed in any county of this state within 60 days of issuance. The officiating person shall determine that the parties presenting themselves to be married are the parties named in the marriage license. If aware of any legal impediment to such marriage, the person shall refuse to perform the ceremony. The issuance of a marriage license shall not be deemed to remove or dispense with any legal disability, impediment or prohibition rendering marriage between the parties illegal, and the marriage license shall contain a statement to that effect.
History:  1977 c. 105; 1979 c. 32 ss. 48, 92 (2); 1979 c. 176, 196; Stats. 1979 s. 765.12; 1981 c. 20; 1985 a. 19; 2001 a. 16; 2015 a. 162; 2021 a. 84.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.13 - Form of marriage document.

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 shall not be deemed to remove or dispense with any legal disability, impediment or prohibition rendering marriage between the parties illegal, and the signature of the county clerk, who shall acquire the information for the marriage document and enter it in its proper place when the marriage license is issued. The marriage license worksheet shall contain the social security number of each party who has a social security number as well as any other information items that the department of health services determines are necessary and shall agree in the main with the standard form recommended by the federal agency responsible for national vital statistics. The county clerk shall transmit the marriage license worksheet to the state registrar within 5 days after the date of issuance of the marriage license.
History:  1977 c. 418; 1979 c. 32 s. 48; Stats. 1979 s. 765.13; 1981 c. 20; 1995 a. 27 s. 9126 (19); 1997 a. 191; 2001 a. 16; 2007 a. 20 s. 9121 (6) (a); 2021 a. 84; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.14 - Form of marriage document when solemnized by parties.

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:  1977 c. 418; 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.14; 1981 c. 20; 2013 a. 372.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.15 - Fee to county clerk.

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 from each license fee only for expenses incurred under s. 767.405. The county may, but is not required to, use any or all of the remainder of the amount that it retains for education, training, or services related to domestic violence. Each county board may increase the license fee of $49.50 by any amount, which amount shall become a part of the funds of the county.
History:  1971 c. 125; 1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.15; 1981 c. 20; 1985 a. 29; 1991 a. 269; 2003 a. 225; 2005 a. 443 s. 265; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.16 - Marriage contract, how made; officiating person.

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 other as husband and wife, made before an authorized officiating person and in the presence of at least 2 competent adult witnesses other than the officiating person. If one of the parties is serving on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces, in a reserve unit of the U.S. armed forces, or in the national guard, the presence of only one competent adult witness other than the officiating person is required. The following are authorized to be officiating persons:
(a)
Any ordained member of the clergy of any religious denomination or society who continues to be an ordained member of the clergy.
(b)
Any licentiate of a denominational body or an appointee of any bishop serving as the regular member of the clergy of any church of the denomination to which the member of the clergy belongs, if not restrained from so doing by the discipline of the church or denomination.
(c)
The 2 parties themselves, by mutual declarations that they take each other as husband and wife, in accordance with the customs, rules and regulations of any religious society, denomination or sect to which either of the parties may belong.
(d) Any justice or judge or a reserve judge appointed under s. 753.075.
(e)
Any circuit court commissioner appointed under SCR 75.02 (1) or supplemental court commissioner appointed under s. 757.675 (1).
(f)
Any municipal judge.
(2m)
An officiating person under sub. (1m) (a), (b), (d), (e), or (f) must be at least 18 years old.
History:  1977 c. 323; 1979 c. 32 ss. 48, 92 (4); 1979 c. 176, 259; Stats. 1979 s. 765.16; 1981 c. 20 s. 2200; 1985 a. 29; 1991 a. 315; 1999 a. 85; 2001 a. 61; 2013 a. 372; 2021 a. 63, 84.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.19 - Delivery and filing of marriage document.

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 the marriage contract, or either of them, to the register of deeds of any county in this state within 3 days after the date of the marriage.
History:  1977 c. 418; 1979 c. 32 s. 48; 1979 c. 221, 355; Stats. 1979 s. 765.19; 1981 c. 20; 1983 a. 221; 2021 a. 84.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.20 - Records and forms.

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 among the records in the office a suitable book called the marriage license docket and shall enter therein a complete record of the applications for and the issuing of all marriage licenses, and of all other matters which the clerk is required by this chapter to ascertain relative to the rights of any person to obtain a marriage license. An application may be recorded by entering into the docket the completed application form, with any portion collected only for statistical purposes removed. The marriage license docket shall be open for public inspection or examination at all times during office hours.
(2)
A county clerk may provide the name of a marriage license applicant and, from the portion of the marriage application form that is collected for statistical purposes, as specified under sub. (1), may provide the address of the marriage license applicant to a law enforcement officer, as defined in s. 51.01 (11). A county clerk shall provide the name and, if it is available, the address, to a law enforcement officer who requests, in writing, the name and address for the performance of an investigation or the service of a warrant. If a county clerk has not destroyed the portion of the marriage license application form that is collected for statistical purposes, he or she shall keep the information on the portion confidential, except as authorized under this subsection. If a written request is made by a law enforcement officer under this subsection, the county clerk shall keep the request with the marriage license application form. If the county clerk destroys the marriage license application form, he or she shall also destroy the written request.
History:  1979 c. 32 s. 48; 1979 c. 176; Stats. 1979 s. 765.20; 1981 c. 20; 1995 a. 469; 2001 a. 107.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.21 - Unlawful marriages void; validation.

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 requirements of ss. 765.02 to 765.24 as follows:
(1)
At any time, if the marriage is declared void under s. 765.02 or 765.16.
(2)
No earlier than 6 months after the divorce judgment is granted, if the marriage is declared void under s. 765.03 (2).
History:  1979 c. 32 s. 48; Stats. 1979 s. 765.21; 1985 a. 103, 135.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.22 - Immaterial irregularities as to authority of person officiating.

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 consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.
History:  1979 c. 32 s. 48; Stats. 1979 s. 765.22.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.23 - Immaterial irregularities otherwise.

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 application for the marriage license or in the marriage license itself, or the incompetency of the witnesses to such marriage; or because the marriage may have been solemnized more than 60 days after the date of the marriage license, if the marriage is in other respects lawful and is consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. Where a marriage has been celebrated in one of the forms provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter assumed the habit and repute of husband and wife, and having continued the same uninterruptedly thereafter for the period of one year, or until the death of either of them, it shall be deemed that a marriage license has been issued as required by ss. 765.05 to 765.24 and 767.803.
History:  1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.23; 1981 c. 20 s. 2200; 1981 c. 314 s. 146; 2005 a. 443 s. 265; 2013 a. 372; 2021 a. 84, 240.
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.24 - Removal of impediments to subsequent marriage.

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 wife, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of such subsequent marriage shall be considered as the marital issue of both parents.
History:  1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.24; 1983 a. 447.
A 2nd marriage entered into while the plaintiff was already married will not be annulled when the plaintiff did not live with the 2nd husband after the first husband died. Smith v. Smith, 52 Wis. 2d 262, 190 N.W.2d 174 (1971).
Public policy favors upholding a marriage attacked as void by a 3rd party as well as by a party to a marriage. Corning v. Carriers Insurance Co. 88 Wis. 2d 17, 276 N.W.2d 310 (Ct. App. 1979).
The equitable doctrine of “clean hands" precluded the defendant from obtaining an annulment of a marriage to the plaintiff. A voidable marriage became valid upon the removal of the impediment to the marriage. Halker v. Halker, 92 Wis. 2d 645, 285 N.W.2d 745 (1979).
A husband was estopped from challenging the validity of his wife's divorce from her first husband. Schlinder v. Schlinder, 107 Wis. 2d 695, 321 N.W.2d 343 (Ct. App. 1982).
2023 Wisconsin Statutes & Annotations › Chapter 765 - Marriage. › 765.31 - Action to recover penalties.

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. 48, 92 (2); Stats. 1979 s. 765.31.
2023 Wisconsin Statutes & Annotations › Chapter 766 - Property rights of married persons; marital property. › 766.001 - Liberal construction; intent.

766.001
Liberal construction; intent.
(1)
This chapter is remedial in nature and shall be liberally construed, consistent with s. 766.96.
(2)
It is the intent of the legislature that marital property is a form of community property.
History:  1983 a. 186; 1985 a. 37.
Chapter 766, the Marital Property Act, does not supplant divorce property division provisions. In re Marriage of Kuhlman v. Kuhlman, 146 Wis. 2d 588, 432 N.W.2d 295 (Ct. App. 1988).
Anthology of articles and comments on the marital property act. 68 MLR No. 3 (1985).
A brief overview: The new Wisconsin marital property act. Weisberger and Wilcox. WBB July, 1984.
The marital property law. WBB July, 1984.
The trailer bill: A survey of the 1985 amendments to the Wisconsin marital property act. Furrh, WBB December, 1985.
Estate planning under Wisconsin's marital property act. Erlanger, Hughes and Weisberger, WBB February, 1986.
2023 Wisconsin Statutes & Annotations › Chapter 766 - Property rights of married persons; marital property. › 766.03 - Applicability.

766.03
Applicability.
(1)
Except as provided in sub. (4) and ss. 766.58 (5), (11) and (12) and 766.585, this chapter first applies to spouses upon their determination date.
(2)
After this chapter first applies to spouses, it continues to apply to spouses during marriage. Section 766.75 applies after a dissolution. If at the time of the death of a spouse both spouses are domiciled in this state, the provisions of this chapter which have application after the death of a spouse apply.
(3)
The cessation of the application of this chapter because a spouse is no longer domiciled in this state does not by itself affect any property, right, interest or remedy acquired under this chapter by either spouse or by a 3rd party or the satisfaction of any obligation incurred by a spouse under this chapter.
(4)
Section 766.97 applies to a spouse in this state whether or not that person is domiciled in this state.
(5)
Any property, right, interest or remedy of a spouse or 3rd party acquired or property that is available to satisfy an obligation incurred on or after January 1, 1986, and before May 3, 1988, shall not be adversely affected by 1987 Wisconsin Act 393, sections 10, 11, 15, 16, 27, 29 and 32.
(6)
This chapter does not affect the property available to satisfy an obligation incurred by a spouse that is attributable to an obligation arising when one or both spouses are not domiciled in this state or to an act or omission occurring when one or both spouses are not domiciled in this state.
History:  1987 a. 393; 1991 a. 301.
NOTE:  1991 Wis. Act 301, contains legislative council notes.
2023 Wisconsin Statutes & Annotations › Chapter 766 - Property rights of married persons; marital property. › 766.15 - Responsibility between spouses.

766.15
Responsibility between spouses.
(1)
Each spouse shall act in good faith with respect to the other spouse in matters involving marital property or other property of the other spouse. This obligation may not be varied by a marital property agreement.
(2)
Management and control by a spouse of that spouse's property that is not marital property in a manner that limits, diminishes or fails to produce income from that property does not violate sub. (1).
History:  1983 a. 186.
Intentional misrepresentation is a breach of the duty of good faith for which the exclusive pre-divorce remedy is s. 766.70 (1). Gardner v. Gardner, 175 Wis. 2d 420, 499 N.W.2d 266 (Ct. App. 1993).
2023 Wisconsin Statutes & Annotations › Chapter 766 - Property rights of married persons; marital property. › 766.17 - Variation by marital property agreement.

766.17
Variation by marital property agreement.
(1)
Except as provided in ss. 766.15, 766.55 (4m), 766.57 (3) and 766.58 (2), a marital property agreement may vary the effect of this chapter.
(2)
Section 859.18 (6) governs the effect of a marital property agreement upon property available for satisfaction of obligations after the death of a spouse.
History:  1983 a. 186; 1985 a. 37.
2023 Wisconsin Statutes & Annotations › Chapter 766 - Property rights of married persons; marital property. › 766.53 - Gifts of marital property to 3rd persons.

766.53
Gifts of marital property to 3rd persons.
A spouse acting alone may give to a 3rd person marital property that the spouse has the right to manage and control only if the value of the marital property given to the 3rd person does not aggregate more than either $1,000 in a calendar year, or a larger amount if, when made, the gift is reasonable in amount considering the economic position of the spouses. Any other gift of marital property to a 3rd person is subject to s. 766.70 (6) unless both spouses act together in making the gift. Under this section and for the purpose of s. 766.70 (6) (a), in the case of a gift of marital property by a spouse to a 3rd person in which the donor spouse has retained an interest, the gift shall be valued at the full value of the entire transfer of marital property, regardless of any retained interest or interest donated to the other spouse. For purposes of this section only, a gift of a life insurance policy by a spouse to a 3rd person shall be valued at the amount payable under the policy if the insured died at the time the gift was made.
History:  1983 a. 186; 1985 a. 37.