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Does a minor irregularity in marriage license make the marriage invalid?

Does a minor irregularity in marriage license make the marriage invalid?

Full question:

Yesterday when I was filing my documents, I happened to notice that few words were not printed clearly in my marriage license. Does the small irregularity make my marriage invalid? I am a resident of Wisconsin.

Category: Marriage
Subcategory: License
Date: 04/07/2025
State: Wisconsin

Answer:

InWisconsin, a marriage may not be held void because of any sort of informality or irregularity in the application for marriage license or in the marriage license. The relevant statutory provision in this regard is stated below.

Wis. Stat. § 765.23reads:

“No marriage hereafter contracted shall be void either . . . or by reason of any informality or irregularity of form in the application for the marriage license or in the marriage license itself. . . .”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long do I have to change my license after marriage?

In Wisconsin, you should update your name on your driver's license or state ID as soon as possible after your marriage. While there is no specific deadline, it is advisable to make the change within 30 days to avoid potential issues with identification or legal documents. You will need to provide your marriage certificate as proof of your name change when you apply for the update.

Can a marriage license be declined?

Yes, a marriage license can be declined in Wisconsin if the applicants do not meet certain requirements, such as age, identification, or if one party is already married. Additionally, if there are discrepancies in the application or if necessary documents are missing, the clerk may deny the issuance of the license. It's important to ensure all criteria are met to avoid delays.

What does never validly married mean?

The term 'never validly married' refers to situations where a marriage is considered legally invalid from the start. This can occur due to reasons such as lack of legal capacity, failure to obtain a marriage license, or if the marriage violates state laws. In Wisconsin, a marriage that is declared invalid does not have legal standing and is treated as if it never occurred.

What happens if you don't turn in a marriage license?

In Wisconsin, if you do not return your marriage license after the ceremony, it can create complications. The officiant is responsible for submitting the license, but if it is not filed, your marriage may not be officially recorded. This could lead to issues with legal recognition of your marriage or obtaining a marriage certificate later. It's crucial to ensure the license is properly filed.

What is it called when a marriage isn't valid?

When a marriage isn't valid, it is often referred to as an 'invalid marriage' or 'void marriage.' This can occur due to various reasons, such as lack of consent, failure to meet legal requirements, or if one party was not legally eligible to marry. In Wisconsin, invalid marriages are treated as if they never existed, and they do not confer legal rights.

What does 'validly married' mean?

Being 'validly married' means that a marriage has been legally recognized and meets all the requirements set by state law. In Wisconsin, this includes obtaining a marriage license, having the ceremony conducted by an authorized officiant, and ensuring that both parties are eligible to marry. A valid marriage provides legal rights and responsibilities to both spouses.