DOMESTIC PARTNERSHIP INFORMATION
Required by Chapter 770 Wisconsin Statutes

WHERE TO APPLY
County Clerk's Office - Courthouse
PO Box 3188
571 County Road A
Green Lake WI 54941-3188
920-294-4005

APPLICATIONS TAKEN
Between the hours of 8:30 AM and 4 PM, Monday through Friday. We are open over the noon hour. The Courthouse is closed on Saturday, Sunday and Legal Holidays.

LICENSE FEE
$75.00 Cash or Check only

WAITING PERIOD
A 5 day waiting period (after application is made) is required by law, before the declaration of domestic partnership can be issued. The waiting period may be waived for a good cause by the County Clerk for an additional $10.00.

COMPLETION AND FILING OF DECLARATION
There is no time limit for filing the declaration after it has been issued. However, In order to form the legal status of domestic partners, the individuals shall complete the declaration of domestic partnership, sign the declaration before a notary, and submit the declaration to the register of deeds in the county in which they reside. The domestic partnership does not go into effect until the date the declaration is accepted and filed at the Register of Deeds Office.
Please note, both parties must appear in person in the office of the County Clerk.

CRITERIA FOR FORMING A DOMESTIC PARTNERSHIP
1. Each individual is at least 18 years old, and capable of consenting to the domestic partnership.
2. Neither individual is married to, or in a domestic partnership with, another individual.
3. The two individuals share a common residence. Two individuals may share a common residence even if any of the following applies:
(a) Only one of the individuals has legal ownership of the residence.
(b) One or both of the individuals have one or more additional residences not shared with the other individual.
(c) One of the individuals leaves the common residence with the intent to return.
4. The 2 individuals are not nearer of kin to each other than 2nd cousins, whether of the whole or half blood or by adoption.
5. The individuals are members of the same sex.

REQUIREMENTS
1. Both individuals must appear together before the County Clerk or Deputy when applying for their declaration of domestic partnership.
2. At least one of the individuals has resided in Green Lake County for at least 30 days immediately before applying.
3. Applicants MUST present a Certified Copy of their birth certificate. We do not accept hospital certificates as they are not legal documents.
4. Copies of any judgments, certificate of termination of domestic partnership, or death certificates, affecting the domestic partnership status. must be presented.
5. Social Security Numbers must be presented.
6. Driver’s License, current (non-expired) picture ID or Passport for identification.
7. Proof of residency. DL, utility bill, checkbook with current address.
8. Both parties must swear or affirm to the application, before the County Clerk or Deputy who is to issue the declaration of domestic partnership.
A Certified Copy of the Declaration may be obtained from the Register of Deeds Office in the County where it was filed, or from the State Vital Records Office.
  • Couples already registered as domestic partners (in another state or a local domestic partner registry in Wisconsin) or are married to each other (in another state) are not automatically transferred to the state’s domestic partner registry.
  • Couples who want to register under the new statewide domestic partnership program must follow the same process as new domestic partners.
  • If the applicant is currently a party to a legal domestic partnership with a different partner-in another state, the applicant should review the laws of that state before entering into another domestic partnership in Wisconsin. If the applicant is currently registered in a “local” (city or county) domestic partnership registry with one partner, the applicant should seek legal advice before entering into a state-recognized domestic partnership with a different partner.
  • Partners who married each other in another state can apply for domestic partnership status in Wisconsin. (the partners should not declare their marital status as “legally married” at the time of application, because only unmarried persons may register a domestic partnership)
RIGHTS OF DOMESTIC PARTNERS TO OBTAIN VITAL RECORDS RELATED TO HIS OR HER DOMESTIC PARTNER.

1. Partners will have familial rights to obtain copies of their current domestic partner’s vital records in the following cases:
  • Birth Record of Domestic Partner
  • Death Record of Domestic Partner
  • Prior marriage/divorce record of Domestic Partner
2. To obtain certified copies of other types of records (example: birth records of a domestic partner’s children), the domestic partner would require additional proof of direct and tangible interest in the record.
WAITING PERIOD BETWEEN THE END OF A “LEGAL RELATIONSHIP”
(domestic Partnership or Marriage) and the date a person can enter into a new one.
  • 90 day waiting period between the date the termination of domestic partnership is filed at the Register of Deeds and the date that party can enter into a new domestic partnership.
  • No waiting period between the death of a domestic partner and application for a new application for a declaration of domestic partnership.
  • No waiting period between a divorce or annulment from a former spouse and application for declaration of domestic partnership.
  • No waiting period if the domestic partnership ended because of the subsequent marriage of one of the domestic partners.
TERMINATING A DOMESTIC PARTNERSHIP
  • A domestic partner may terminate the domestic partnership by filing a completed notice of termination of domestic partnership form in the same county that issued the declaration of domestic partnership and paying the fee of $75.00.
  • The notice must be signed by one or both domestic partners and notarized.
  • If the notice is signed by only one of the domestic partners, that individual must also file with the county clerk an affidavit that affirms that he or she either served the other partner with a summons or that he or she published an official public notice in the area where the partner was last known to be living.
  • Upon receiving a completed, signed, and notarized notice of termination of domestic partnership, the affidavit ( if required) and the fee of $75.00 the county clerk shall issue to the domestic partner filing the notice of termination an “Original Certificate of Termination of Domestic Partnership.”
  • The County Clerk may set a reasonable time frame for issuing the certificate of termination. (1-5 days).
  • The domestic partner shall complete the original certificate of termination of domestic partnership, sign in front of a notary, and submit document to the register of deeds of the county in which the declaration of domestic partnership is recorded.
  • There is no time limit for filing the certificate of termination with the ROD, However, the termination does not go into effect until 90 days after the date the certificate of termination is accepted for filing in the Register of Deeds Office.
PROOF OF TERMINATION OF DOMESTIC PARTNERSHIP
A Certified Copy of the Certificate of Termination may be obtained from the Register of Deeds office in the County where it was filed, or from the State Vital Records Office.
FURTHER QUESTIONS AND ANSWERS ON DOMESTIC PARTNERSHIPS IN THE STATE OF WISCONSIN
  • If an applicant was born, or married or if his or her spouse died outside of Wisconsin, the following website contains links to all US vital records offices: http://www.cdc.gov/nchs/w2w.htm
  • 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 or the “Original Certificate of Termination of Domestic Partnership” document, including the partners themselves.
  • Social Security Number 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.
  • Applicants cannot use a photocopy of a certified copy of a birth certificate or a hospital souvenir birth record. Neither of these is legally acceptable as a substitute for a true certified copy of a birth certificate which can only be gotten from the Register of Deeds office or State Vital Records Office.
  • The maximum penalty for providing false information used to create a vital record is one thousand dollars ($1,000) or ninety (90) days in jail or both, per § 69.24(2) Wis. Stats
  • The portion of the declaration of domestic partnership form that is collected for statistical purposes only, indicates that the street address may be given to a law enforcement officer who requests this information under provisions of § 770.18, Wis. Stats. The contact information may be given to the Register of Deeds or the State Vital Records Office, if necessary, to ensure the filing of an accurate and complete Declaration of Domestic Partnership.