Wis. Stat. » CHAPTER 765 — MARRIAGE

Wis. Stat. § 765.16

Marriage contract, how made; officiating person

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765.16765.16 Marriage contract, how made; officiating person.
765.16(1m)(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:
765.16(1m)(a)(a) Any ordained member of the clergy of any religious denomination or society who continues to be an ordained member of the clergy.
765.16(1m)(b)(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.
765.16(1m)(c)(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.
765.16(1m)(d)(d) Any justice or judge or a reserve judge appointed under s. 753.075.
765.16(1m)(e)(e) Any circuit court commissioner appointed under SCR 75.02 (1) or supplemental court commissioner appointed under s. 757.675 (1).
765.16(1m)(f)(f) Any municipal judge.
765.16(2m)(2m) An officiating person under sub. (1m) (a), (b), (d), (e), or (f) must be at least 18 years old.
765.16 HistoryHistory: 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.
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Cited in 7 cases (3 in the last 5 years), 2000–2021 · leading case: Patricia Mudlaff v. Joseph McLeod
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Patricia Mudlaff v. Joseph McLeod (2013) wis · cites it 4× “Finally, Wis. Stat. § 765.16 states that a marriage "may be validly solemnized and contracted in this state only after a marriage license has been issued therefor," and only after mutual declarations by the 14 No.”
In re Estate of McDonald (2021) illappct “”); Wis. Stat. Ann. § 765.16 (West 2016) (“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…”
In RE MARRIAGE OF MEYER v. Meyer (2000) wis · cites it 2× “16 provides that marriage can be entered into only after a marriage license has been issued and only by the mutual declarations of the parties to be joined as husband and wife before a "duly authorized officiating person" and two adult witnesses. Marriages contracted in…”
Appling v. Doyle (2012) wisctapp · cites it 2× “See Wis. Stat. §§ 765.16 , 765.17. The latter is ceremonial in nature; the former is purely a matter of assuring that the signatures are valid.”
St. Augustine School v. Carolyn Stanford Taylor (2021) wis “§ 765.16(1m)(a), for example, authorizes an "ordained member of the clergy of any religious denomination" to officiate a marriage.”
In re Estate of McDonald (2021) illappct “”); Wis. Stat. Ann. § 765.16 (West 2016) (“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…”
Lizalek “We hold that petitioner and Karen Lizalek were not married during the years at issue for purposes of Wisconsin community property laws and Karen Lizalek is not liable for taxes on one-half of petitioner's income.”
— Wis. Stat. § 765.16(1m)(a) — 1 case
St. Augustine School v. Carolyn Stanford Taylor (2021) wis “§ 765.16(1m)(a), for example, authorizes an "ordained member of the clergy of any religious denomination" to officiate a marriage.”
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