Living Together Is Not Marriage
Wis. Stat. 765.16 — a license, an officiant, and 2 adult witnesses
In Wisconsin, a marriage may be validly contracted only after a marriage license is issued, and only by the mutual declarations of the 2 parties, made before an authorized officiating person and in the presence of at least 2 competent adult witnesses besides the officiant.
No marriage by living together. A marriage contracted in violation of the section is void, except as other sections provide, and the parties may validate it by complying with the marriage statutes. The statute names a license, declarations, an officiant and witnesses; it does not make a marriage out of living together.
The license. The county clerk issues the license, which authorizes the ceremony anywhere in the state within 60 days of issuance, and the officiant confirms the parties are the ones named and refuses if aware of a legal impediment.
Who may officiate. The statute lists them.
- An ordained member of the clergy, or a licentiate or appointee serving as clergy.
- The 2 parties themselves, by mutual declaration under the customs of a religious society to which either belongs.
- A justice or judge, a reserve judge, a circuit or supplemental court commissioner, or a municipal judge.
Service members. If one party is serving on active duty, in a reserve unit or in the national guard, one competent adult witness besides the officiant is enough.
| The assumption | What the law actually does |
|---|---|
| The assumptionLiving together for years makes a common law marriage | What the law actually doesA marriage is made by license, declarations before an officiant, and witnesses |
| The assumptionA marriage that skipped a step can never be fixed | What the law actually doesThe parties may validate a void marriage by complying with the marriage statutes |
Property and support between unmarried partners, domestic partnerships and a marriage made in another place are not all on this page. What a particular situation carries is a question for a licensed Wisconsin attorney.
Sources for this section (3)
- Wis. Stat. 765.16 — Marriage contract, how made; officiating person
- Wis. Stat. 765.12 — Marriage license, when authorized; corrections; contents
- Wis. Stat. 765.21 — Unlawful marriages void; validation
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.