Applicants must meet the following requirements:
- Both parties must be at least 18 years of age and must be competent (to enter into a legal contract such as a domestic partnership).
- Neither party may be married.
- Neither party can be currently in a legal domestic partnership with another party.
- The parties must share a common residence
- The parties must be of the same sex.
- The parties cannot be closer in relationship than second cousins (even if they are related by adoption or by half- blood). (Wis. Stat. § 770.05)
Applicants must apply in person at the County Clerk's office in the county in which one or both of the partners have resided for the last 30 days immediately prior to application.
- Cost for License is $60.00
- There is a $10 fee for waiving the 5-day waiting period (waivers are granted at the discretion of the County Clerk).
- There is no charge for filing the completed declaration with the Register of Deeds Office.
- There is a fee for obtaining copies of the declaration. Certified copies of the declaration can be purchased from the Register of Deeds or from the State Vital Records Office. The fee is $20.00 for the first copy and $3.00 for each additional copy of the same declaration (ordered at the same time).
NOTE: Under vital records law, it is illegal for anyone besides the Register of Deeds or the State Vital Records Office to make copies of the Declaration of Domestic Partnership document, including the partners themselves.
What documents are needed to apply for the declaration of domestic partnership (to establish the domestic partnership)?
Each applicant must bring in the following documents:
- Certified copy of birth certificates. In rare instances, if it would be impossible for an applicant to obtain a certified copy of his or her birth certificate, the County Clerk has the discretion to accept another form of identification (example: foreign passport or immigration document). NOTE: Applicants should apply for a copy of birth certificates far in advance of the date of application for the domestic partnership. Failure to apply in time for a copy of the birth certificate is not a sufficient reason for the County Clerk to waive this requirement.
- Current (non-expired) Photo Identification.
- Proof of residency. If the photo ID does not contain the current address, the applicant can bring in a dated utility bill or government correspondence if it is addressed to the applicant (by name) with the applicant's street address (mail sent to a post office box doesn't fulfill this requirement).
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Proof of how last domestic partnership or marriage ended. If an applicant was in a prior legal domestic partnership in Wisconsin (filed under the provisions of the 2009 Domestic Partnership Law, Wis. Stat. chapter 770) or if an applicant was previously married, the applicant must supply documentary evidence of how the last legal domestic partnership or marriage ended.
NOTE: If an applicant was married or if his or her spouse died outside of Wisconsin, the following website contains links to all U.S. vital records offices: http://www.cdc.gov/nchs/w2w.htm
- Also, each applicant must provide his or Social Security Number (if the applicant has a Social Security Number). This is a statutory requirement for all vital records. The Social Security Number may only be used in connection with Social Security Administration programs and for child support enforcement programs.
Is there a waiting period between the end of a "legal relationship" (domestic partnership or marriage) and the date a person can enter into a new one?
Cost for Certificate is $60.00