1.26.080 Identification of Parties; Statement of Qualifications

(a)(1) No applications for a marriage license may be made by persons lawfully married to each other and no marriage license may be issued to such persons.

(2) Paragraph (a)(1) does not apply to persons whose marriage to one another is void under Section 1.26.040(b) and who intend to intermarry under 765.21, Wis. Stats.

(b) No marriage license may be issued unless the application for it is subscribed by the parties intending to intermarry and is filed with the Clerk of Court.

(c) Each party shall present satisfactory, documentary proof of identification and residence and shall swear (or affirm) to the application before the Clerk of Court. The application shall contain such informational items as is also required by the Wisconsin Department of Health and Social Services. Each applicant under 30 years of age shall exhibit to the Clerk a certified copy of a birth certificate, and any applicants shall submit a copy of any judgments or a death certificate affecting the marital status. If such certificate of judgment is unobtainable, other satisfactory documentary proof of the requisite facts therein may be presented in lieu thereof. Whenever the Clerk is not satisfied with the documentary proof presented, he or she shall submit the same, for an option as to the sufficiency of the proof, to the tribal court.