LRB-3161/2
PJK:cmh:hmh
1999 - 2000 LEGISLATURE
November 3, 1999 - Introduced by Representatives Staskunas, Ladwig, Coggs,
Sykora, Ainsworth, Plouff
and Albers. Referred to Committee on Family
Law.
AB574,1,2 1An Act to amend 765.09 (title); and to create 765.09 (4) of the statutes; relating
2to:
requiring premarital counseling to obtain a marriage license.
Analysis by the Legislative Reference Bureau
Under current law, a county clerk may issue a marriage license to individuals
who apply and present proof of identification and residence. The application must
contain the social security numbers of the individuals, as well as other information
required by the department of health and family services. Any individual who is
under the age of 30 years must show the county clerk a certified copy of his or her
birth certificate. If an individual has been previously married, he or she must submit
to the clerk a copy of a divorce judgment or a copy of his or her former spouse's death
certificate.
This bill provides that a county clerk may not issue a marriage license to
individuals who apply unless, in addition to all the other requirements under current
law, they have received at least two hours of premarital counseling. The individuals
must present to the clerk a notarized attestation of the person who provided the
counseling, which the clerk attaches to any marriage license issued. Counseling may
be provided by a marriage and family therapist, a professional counselor, a member
of the clergy or a person designated by a member of the clergy, and may address
various issues or topics that are relevant to the particular marriage.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB574, s. 1
1Section 1. 765.09 (title) of the statutes is amended to read:
AB574,2,3 2765.09 (title) Identification of parties; statement of qualifications;
3proof of premarital counseling
.
AB574, s. 2 4Section 2. 765.09 (4) of the statutes is created to read:
AB574,2,145 765.09 (4) The clerk may not issue a marriage license unless the parties have
6received at least 2 hours of premarital counseling and present to the clerk a notarized
7attestation, signed by the person who provided the counseling, confirming that the
8parties received the counseling required under this subsection. The counseling may
9be provided by a marriage and family therapist, a professional counselor, a member
10of the clergy or a person designated by a member of the clergy and may address such
11issues as faith, money, work, sex, children and extended families or any other issues
12or topics that are relevant to the particular marriage. If the clerk issues a marriage
13license to the parties under s. 765.12, the clerk shall attach the attestation to the
14marriage license.
AB574, s. 3 15Section 3. Initial applicability.
AB574,2,1716 (1) Premarital counseling requirement. This act first applies to marriage
17licenses applied for on the effective date of this subsection.
AB574,2,1818 (End)
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