765.20(2)
(2) A county clerk may provide the name of a marriage license applicant and, from the portion of the marriage application form that is collected for statistical purposes, as specified under
sub. (1), may provide the address of the marriage license applicant to a law enforcement officer, as defined in
s. 51.01 (11). A county clerk shall provide the name and, if it is available, the address, to a law enforcement officer who requests, in writing, the name and address for the performance of an investigation or the service of a warrant. If a county clerk has not destroyed the portion of the marriage license application form that is collected for statistical purposes, he or she shall keep the information on the portion confidential, except as authorized under this subsection. If a written request is made by a law enforcement officer under this subsection, the county clerk shall keep the request with the marriage license application form. If the county clerk destroys the marriage license application form, he or she shall also destroy the written request.
765.20 History
History: 1979 c. 32 s.
48;
1979 c. 176; Stats. 1979 s. 765.20;
1981 c. 20;
1995 a. 469.
765.21
765.21
Unlawful marriages void; validation. All marriages hereafter contracted in violation of
ss. 765.02,
765.03,
765.04 and
765.16 shall be void, except as provided in
ss. 765.22 and
765.23. The parties to any such marriage may validate the marriage by complying with the requirements of
ss. 765.02 to
765.24 as follows:
765.21(2)
(2) No earlier than 6 months after the divorce judgment is granted, if the marriage is declared void under
s. 765.03 (2).
765.21 History
History: 1979 c. 32 s.
48; Stats. 1979 s. 765.21;
1985 a. 103,
135.
765.22
765.22
Immaterial irregularities as to authority of person officiating. No marriage hereafter contracted shall be void by reason of want of authority or jurisdiction in the officiating person solemnizing such marriage, if the marriage is in other respects lawful, and is consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.
765.22 History
History: 1979 c. 32 s.
48; Stats. 1979 s. 765.22.
765.23
765.23
Immaterial irregularities otherwise. No marriage hereafter contracted shall be void either by reason of the marriage license having been issued by a county clerk not having jurisdiction to issue the same; or by reason of any informality or irregularity of form in the application for the marriage license or in the marriage license itself, or the incompetency of the witnesses to such marriage; or because the marriage may have been solemnized in a county other than the county prescribed in
s. 765.12, or more than 30 days after the date of the marriage license, if the marriage is in other respects lawful and is consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. Where a marriage has been celebrated in one of the forms provided for in
s. 765.16, and the parties thereto have immediately thereafter assumed the habit and repute of husband and wife, and having continued the same uninterruptedly thereafter for the period of one year, or until the death of either of them, it shall be deemed that a marriage license has been issued as required by
ss. 765.05 to
765.24 and
767.60.
765.23 History
History: 1979 c. 32 ss.
48,
92 (2); Stats. 1979 s. 765.23;
1981 c. 20 s.
2200;
1981 c. 314 s.
146.
765.24
765.24
Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract in accordance with
s. 765.16, and the parties thereto live together thereafter as husband and wife, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of such subsequent marriage shall be considered as the marital issue of both parents.
765.24 History
History: 1979 c. 32 ss.
48,
92 (2); Stats. 1979 s. 765.24;
1983 a. 447.
765.24 Annotation
A 2nd marriage entered into while plaintiff was already married will not be annulled where she did not live with the 2nd husband after the first husband died. Smith v. Smith, 52 W (2d) 262, 190 NW (2d) 174.
765.24 Annotation
Common law validation of subsequent marriage discussed. Corning v. Carriers Insurance Co. 88 W (2d) 17, 276 NW (2d) 310 (Ct. App. 1979).
765.24 Annotation
Equitable doctrine of "clean hands" precluded defendant from obtaining annulment of marriage to plaintiff. Voidable marriage became valid upon removal of impediment to marriage. Halker v. Halker, 92 W (2d) 645, 285 NW (2d) 745 (1979).
765.24 Annotation
Husband was estopped from challenging validity of wife's divorce from her first husband. Schlinder v. Schlinder, 107 W (2d) 695, 321 NW (2d) 343 (Ct. App. 1982).
765.30(1)(1) The following shall be fined not less than $200 nor more than $1,000, or imprisoned not more than one year, 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 shall be fined not less than $100 nor more than $1,000, or imprisoned not more than one year, 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, wilfully 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 2 competent adult witnesses; or solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a marriage more than 30 days after the date of the marriage license; or falsely certifies to the date of a marriage solemnized by the officiating person; or solemnizes a marriage in a county other than the county prescribed in
s. 765.12.
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 2 competent adult witnesses or more than 30 days after the date of the license; or falsely certify to the date of such marriage; or solemnize the same in a county other than the county prescribed in
s. 765.12.
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 (3), 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 the county in which the marriage was performed 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)
(5) The following shall be fined not less than $10 nor more than $50:
765.30(5)(a)
(a)
Penalty for other violations. Any person violating any provision of this chapter for which no other penalty is provided.
765.31
765.31
Action to recover penalties. Any fine or forfeiture imposed under
s. 765.30 may be recovered in the same manner as other debts are recovered with the usual costs, in any court of record in any county in this state in which the defendant may be found.
765.31 History
History: 1979 c. 32 ss.
48,
92 (2); Stats. 1979 s. 765.31.
