Domestic Partnerships are scheduled to become effective August 1, 2009,
Fee schedule $65.00 for declaration. Waiver fee is $25.00
WHO MAY APPLY FOR DOMESTIC PARTNERSHIP
- Both parties must be at least 18 years of age and must be competent (to enter into a legal contract such as domestic partnership).
- Neither party may be married.
- Neither party can be currently in a 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 that 2nd cousins (even if they are related by adoption of by half-blood).
WHERE TO APPLY
Wisconsin residents must apply before the County Clerk of the county in which one or both have resided at least 30 days prior to the date of application.
When applying for a Declaration of Domestic Partnership, Wisconsin law requires a 5-day waiting period, not including the day of the application, before a Declaration of Domestic Partnership can be issued. The day of application does not count towards the waiting period. In some instances, a waiver may be granted for the waiting period due to unusual circumstances. If granted, the cost of the waiver is $25.00. A waiver form must be filled out.
Certified birth certificates are required. The souvenir birth document given by a hospital is not a legal document and is unacceptable. Be prepared to provide accurate and complete names of parents to include birth sur name (name before marriage). A current passport may also be used in place of a certified birth certificate.
SWORN STATEMENT THAT THE APPLICANTS ARE NOT CLOSELY RELATED
Applicants may not be closer in relationship than 2nd cousins. There are no provisions for 1st cousins with sterility. The sworn statement is part of the application form.
DIVORCED PERSONS OR PERSONS WHO HAVE TERMINATED A DOMESTIC PARTNERSHIP
A signed Judgment of Divorce from the last previous marriage must be presented to the County Clerk.
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) the applicant must supply the Original Certificate of Termination of Domestic Partnership. This must be an official copy obtained from the Register of Deeds Office.
- There is a 90-day waiting period between the date the Termination of Domestic Partnership is filed at the Register of Deeds Office and the date that a party can enter into a new domestic partnership.
- There is no waiting period between the death of a domestic partner and application for a Declaration of Domestic Partnership.
- There is no waiting period between a divorce or annulment from a former spouse and application for a Declaration of Domestic Partnership.
- There is no waiting period if the domestic partnership ended because of the subsequent marriage of one of the domestic partners.
A certified copy of a death certificate must be presented to the County Clerk if your last previous marriage or domestic partnership was terminated by death.
PROOF OF RESIDENCE
A current driver’s license with a current address is the best proof. If this is not available, each applicant must provide proof of current address, such as a checkbook, utility bill, income tax record, military papers, student record, medical or dental bill. If the applicant is not a US Citizen then a current passport is needed. If the passport has expired then the applicant will need to apply for an extension.
SOCIAL SECURITY NUMBERS
Applicants must provide their social security numbers if one has been assigned to them.
If one of the parties to the Declaration of Domestic Partnership does not understand or speak English, they must bring a translator with them. Any documents not in English must be translated.
The Declaration of Domestic Partnership application fee is $65.00. These fees are payable by check, money order, credit card (Mastercard or Discover) or cash on the date of the application. No refunds are given. Fees may vary from County to County.
If applicants are unable to apply for their Declaration of Domestic Partnership during office hours (see front of brochure for office hours) a time outside of office hours must be prearranged with the Clerk. There is an added fee of $25.00 for issuing a Declaration of Domestic Partnership outside of office hours.
Certificates of Termination of Domestic Partnership are issued through the County Clerk’s Office that issued the original Declaration of Domestic Partnership. There is a fee to issue a termination
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