State marriage act for wisconsin

Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support. Each spouse has an equal obligation in accordance with his or her ability to contribute money or services or both which are necessary for the adequate support and maintenance of his or her minor children and of the other spouse. No spouse may be presumed primarily liable for support expenses under this subsection.

Chapters to shall be liberally construed to effect the objectives of sub. Walker, et. See also Obergefell v. Hodges, U. In re Terrill v. Terrill, 98 Wis. Watts v. Watts, Wis. Sinai Samaritan Medical Center, Inc. McCabe, Wis. Xiong v. Xiong, WI App , Wis.

Same-sex couples in Wisconsin begin tying the knot

The Xiong case was not inapplicable because it was a wrongful death lawsuit, rather than a family court action, and the Xiong court's ruling that a putative marriage existed did not depend on its finding that the parties in that case had lived for years in a state that recognized common-law marriage. Vang, WI App 73 , Wis. There is no legal authority for the proposition that the law of the parties' country of domicile should determine the validity of their marriage, rather than the law of the country where the marriage occurred.

The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the 14th amendment couples of the same-sex may not be deprived of that right and that liberty.

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Obergefell v. In fact, Wisconsin law says that couples who are already married cannot get another marriage license.


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We were married in Wisconsin between June 6 and June 13, Those marriages were legally entered into, and the State of Wisconsin has announced that it will recognize these marriages and treat them the same as marriages of different-sex couples. As explained above, marriage licenses may not be issued to people who are already lawfully married to one another.

If you are a same-sex couple and marry in Wisconsin, then your marriage will be recognized in all the states that currently recognize the marriages of same-sex couples.

Marriage - Wisconsin State Law Library

In addition, even in those states where marriages of same-sex couples are not currently recognized, some private business and others may recognize your Wisconsin marriage. We tried to do a name change with Social Security, but were refused. I thought the federal government had to recognize lawful same-sex marriages?

In the weeks after the Supreme Court rejected the appeals in Wolf and the State announced it was recognizing June marriages of same-sex couples, some federal agencies, including the Social Security Administration, did not immediately process requests by married same-sex couples for federal benefits and other forms of recognition, such as name changes.

However, on October 26, the federal government clarified that it would recognize the June marriages as well as other marriages of same-sex couples in Wisconsin. If a federal agency previously would not recognize your marital status, we suggest you try contacting the agency again.

If you continue to have problems, please contact the ACLU. Can I be discriminated against at my place of employment for being married to someone of the same sex?


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  6. If your employer discriminates against you because you are married to a person of the same sex, you may wish to contact the ACLU or a lawyer who represents employees in discrimination cases. What if a business discriminates against us because we are a same-sex couple, or says that serving us is against their religion? Businesses in Wisconsin that serve the public may not refuse someone service because of their sexual orientation or marital status.

    Does my employer have to offer spousal health insurance coverage and other employment benefits for same-sex spouses? If your employer offers spousal health insurance or other spousal benefits to employees with different-sex spouses, it should offer the same insurance and benefits to employees with same-sex spouses. Federal, state, and local government employers must provide married same-sex partners the same benefits they provide to married different-sex partners. Ensuring that private employers provide same-sex couples spousal employment benefits is more complicated.

    Because of the complexity of this issue, we encourage you to contact the ACLU of Wisconsin if you are denied health insurance or pension benefits for your spouse. Now that are we are married, do we need to do anything else to protect our relationship? That depends. We strongly encourage same-sex couples with children to ensure that both parents have a legally-recognized relationship with the children. We also encourage you to consult an attorney about whether you should take other precautions through wills or powers of attorney, for example, to protect your family, especially when your family is traveling outside of Wisconsin.

    Facebook Twitter Reddit Email Print. What benefits and obligations go along with marriage? Spouses have an obligation of mutual responsibility and support. If one spouse fails to provide support, the other can file an action to compel it. Property acquired during marriage other than property acquired by gift or inheritance is presumptively marital property and, upon the death of one spouse, the surviving spouse retains a one-half interest in each item of marital property.

    Spouses may transfer certain real property between them without having to pay a real estate transfer fee.

    States That Recognize Common Law Marriage

    Married couples may file joint state tax returns and may be eligible for certain state income tax exemptions that are available only to spouses. The value of health insurance coverage for a spouse is not considered income for state tax purposes.

    A spouse can sue for damages for wrongful death, lost financial support and loss of companionship. Spouses generally cannot be compelled to testify against one another in court. Upon dissolution by divorce, the parties are entitled to equitable division of the debts and assets of the marriage. Will our marriage be recognized by the federal government?