2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Representatives Anderson, Sargent, Billings,
Brostoff, Cabrera, Considine, Emerson, L. Myers, Neubauer, Sinicki,
Skowronski, Spreitzer, Stubbs, Subeck, C. Taylor, Wichgers and Zamarripa,
cosponsored by Senators Smith, Larson and Schachtner. Referred to
Committee on Family Law.
1An Act to repeal
765.02 (2); to renumber
765.02 (1); and to amend
765.11 (1), 2
765.30 (2) (a) and 767.313 (1) (c) of the statutes; relating to: age for marriage.
Analysis by the Legislative Reference Bureau
This bill eliminates an existing exception to the marriageable age for certain
minors between the ages of 16 and 18 and, accordingly, establishes that all persons
must be 18 years of age or older in order to marry.
Under current law, a person who is at least 16 years old, but under 18 years old,
may obtain a marriage license if the person provides the county clerk with written
consent from the person's parents, guardian, custodian, or parent having the actual
care, custody and control of the person. The required written consent must meet
certain formal requirements for verification and must be filed with the county clerk
at the time the person files an application for a marriage license. In certain limited
circumstances, a court may provide the required written consent. This bill
eliminates any exception to the general requirement that a person must be 18 years
of age or older in order to marry.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
765.02 (1) of the statutes is renumbered 765.02.
765.02 (2) of the statutes is repealed.
765.11 (1) of the statutes is amended to read:
If any parent, grandparent, child,
or natural guardian of a minor
3applicant for a marriage license, any,
brother, sister, or guardian of either of the 4
applicants for a marriage license, either of the applicants, the district attorney, or a 5
circuit court commissioner believes that the statements of the application are false 6
or insufficient, or that an applicant is adjudicated incompetent without the right to 7
marry, that person may file with the court having probate jurisdiction in the county 8
in which the marriage license is applied for, a petition under oath, setting forth the 9
grounds of objection to the marriage, and asking for an order requiring the parties 10
making the application to show cause why the marriage license should not be 11
refused. Whereupon, the court, if satisfied that the grounds of objection are prima 12
facie valid, shall issue an order to show cause as aforesaid, returnable as the court 13
directs, but not more than 14 days after the date of the order, which shall be served 14
forthwith upon the applicants for the marriage license residing in the state, and upon 15
the clerk before whom the application has been made, and shall operate as a stay 16
upon the issuance of the marriage license until further ordered; if either or both of 17
the applicants are nonresidents of the state the order shall be served immediately 18
upon the nonresident by publication of a class 1 notice, under ch. 985, in the county 19
in which the application is pending, and by mailing a copy thereof to the nonresident 20
at the address contained in the application.
765.30 (2) (a) of the statutes is amended to read:
(a) Penalty for false statement.
Any person who in any affidavit or 23
statement made under s. 765.02 (2),
765.09 or 765.11, willfully and falsely swears, 24
or who procures another to swear falsely in regard to any material fact relating to 25
the competency of either or both of the parties applying for a marriage license, or as
1to the ages of such parties, if minors, or who falsely pretends to be the parent or
2guardian having authority to give consent to the marriage of such minor
767.313 (1) (c) of the statutes is amended to read:
(c) A party was 16 or 17 years of age and did not have the consent
5of his or her parent or guardian or judicial approval, or a party was
under 16 18
of age. Suit may be brought by the underaged party or a parent or guardian at any 7
time prior to the party's attaining the age of 18 years, but a parent or guardian must 8
bring suit within one year of obtaining knowledge of the marriage.