Wisconsin Statutes
Wis. Stat. § 765.30 (2026)
Penalties
✓ current as of July 2026
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765.30(1)(1) The following may be fined not more than $10,000 or imprisoned for not more than 9 months or both:
765.30(1)(a)(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 state and there contracts a marriage prohibited or declared void under the laws of this state.
765.30(2)(2) The following may be fined not more than $10,000 or imprisoned for not more than 9 months or both:
765.30(2)(a)(a) Penalty for false statement. Any person who in any affidavit or statement made under s. 765.02 (2), 765.09 or 765.11, willfully and falsely swears, or who procures another to swear falsely in regard to any material fact relating to the competency of either or both of the parties applying for a marriage license, or as to the ages of such parties, if minors, or who falsely pretends to be the parent or guardian having authority to give consent to the marriage of such minor.
765.30(2)(b)(b) Penalty for unlawful issuance of marriage license. Any county clerk who knowingly issues a marriage license contrary to or in violation of this chapter.
765.30(2)(c)(c) Penalty for false solemnization of marriage. Any person, not being duly authorized by the laws of this state, who intentionally undertakes to solemnize a marriage in this state; or any person who intentionally participates in or in any way aids or abets any false or fictitious marriage.
765.30(3)(3) The following shall be fined not less than $100 nor more than $500, or imprisoned not more than 6 months, or both:
765.30(3)(a)(a) Penalty for unlawful solemnization of marriage. Any officiating person who solemnizes a marriage unless the contracting parties have first obtained a proper marriage license as heretofore provided; or unless the parties to such marriage declare that they take each other as husband and wife; or without the presence of competent adult witnesses as required under s. 765.16 (1m); or solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a marriage more than 60 days after the date of the marriage license; or falsely certifies to the date of a marriage solemnized by the officiating person.
765.30(3)(b)(b) Penalty for unlawful solemnization by parties. Where a marriage is solemnized without the presence of an officiating person if the parties to such marriage solemnize the same without the presence of competent adult witnesses as required under s. 765.16 (1m) or more than 60 days after the date of the license; or falsely certify to the date of such marriage.
765.30(4)(4) The following shall be fined not less than $10 nor more than $200, or imprisoned not more than 3 months, or both:
765.30(4)(a)(a) Penalty for failure to file marriage certificate. Every officiating person, or persons marrying without the presence of an officiating person, as provided by s. 765.16 (1m) (c), who neglect or refuse to transmit the original marriage certificate, solemnized by the officiating person or the persons marrying, to the register of deeds of any county in this state within 3 days after the date of the marriage.
765.30(4)(b)(b) Penalty for violations relating to records. Any county clerk who refuses or neglects to enter upon the marriage license docket a complete record of each application, and of each marriage license issued from the clerk’s office, immediately after the same has been made or issued, as the case may be, or fails to keep such marriage license docket open for inspection or examination by the public during office hours, or prohibits or prevents any person from making a copy or abstract of the entries in the marriage license docket.
765.30(5)(a)(a) Penalty for other violations. Any person violating any provision of this chapter for which no other penalty is provided.
765.30 HistoryHistory: 1977 c. 418; 1979 c. 32 ss. 48, 92 (2); 1979 c. 176; Stats. 1979 s. 765.30; 1981 c. 20, 390; 1983 a. 221; 1993 a. 486; 1997 a. 283; 2001 a. 109; 2013 a. 372; 2021 a. 84.
Notes of Decisions
Cited in 4
cases, 2005–2014 · leading case: Allen A. Muth v. Matthew J. Frank, Sec'y, 412 F.3d 808 (7th Cir. 2005).
Allen A. Muth v. Matthew J. Frank, Sec'y, 412 F.3d 808 (7th Cir. 2005). “” Wis. Stat. § 765.30 (1). There is an exception to this prohibition of marriage for "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 *812 physician stating…”
Wolf v. Walker, 26 F. Supp. 3d 866 (W.D. Wis. 2014). “Van Hollen, in his official capacity, and his officers, agents, servants, employees and attorneys, and all those acting in concert with them, are permanently enjoined from initiating any prosecution of a county clerk under Wis. Stat. § 765.30 (2)(b) for issuing a marriage…”
Muth, Allen A. v. Frank, Matthew J. (7th Cir. 2005). “” Wis. Stat. § 765.30 (1). There is an exception to this prohibition of marriage for “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…”
Maryland Attorney Gen. Opinion 95 OAG 003 (Md. Att'y Gen. 2010). “continued) marriage by going to another state or country for solemnization of the marriage”); Wis. Stat. §765.30 (providing criminal penalty for marrying in another state to evade Wisconsin marriage law).”
— Wis. Stat. § 765.30(3)(a) — 1 case
Wolf v. Walker, 26 F. Supp. 3d 866 (W.D. Wis. 2014). “Van Hollen, in his official capacity, and his officers, agents, servants, employees and attorneys, and all those acting in concert with them, are permanently enjoined from initiating any prosecution of a county clerk under Wis. Stat. § 765.30 (2)(b) for issuing a marriage…”
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