County Clerk









DECLARATION OF DOMESTIC PARTNERSHIP

GENERAL

As of August 3, 2009, individuals who wish to form a domestic partnership may apply for a Declaration of Domestic Partnership certificate. It is important to bring all necessary documents with you at the time of application and all documents required must be certified copies or originals. No blood tests are required. The following information answers most questions, but if there are any issues not covered, please contact the Douglas County Clerk’s Office at (715) 395-1569.

CRITERIA
  (1) Each individual must be at least 18 years old and capable of consenting to the domestic partnership;
  (2) Individuals must be of the same sex and not nearer of kin to each other than second cousins, whether of the whole or half blood or by adoption;
  (3) Individuals must share, or intend to share, a common residence and apply to the County Clerk in the county in which one or both of the partners have resided for the last 30 days immediately prior to application; and
  (4) Neither individual is married to, or in a domestic partnership with, another individual.

DOCUMENTATION
  The following documentation is to be provided at the time of application:
  (1) A certified copy of a state or government issued birth certificate.  HOSPITAL BIRTH CERTIFICATES ARE NOT ACCEPTABLE.  Passports may be presented in lieu of a birth certificate;
  (2) Current (non-expired) photo identification;
  (3) Proof of residency. If the photo ID does not contain the current address, the applicant can bring a dated utility bill or government correspondence if it is addressed to the applicant (by name) with the applicant's street address (mail addressed to a post office box does not fulfill this requirement);
  (4) If applicant was in a prior legal domestic partnership in Wisconsin or previously married, the applicant must supply documentary evidence of how the last legal domestic partnership or marriage ended.  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 after a divorce or if the domestic partnership ended because of a subsequent marriage of one of the domestic partners; and
  (5) Applicant must provide his or her 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.

FEE/WAITING PERIOD

The fee for a Declaration of Domestic Partnership certificate is $100.00.  A five-day waiting period is required by law.  The day of application is not included in the five-day waiting period.  This may be waived at the discretion of the County Clerk.  To obtain a waiver, applicants must pay an additional $10.00 to cover the increased processing costs.

EFFECTIVE DATE

Five days after application is made (or sooner, if waiver is granted), the County Clerk issues the Declaration to the partners.  The Declaration is executed before County Clerk staff or a Notary Public.  The partners file the Declaration at the Douglas County Register of Deeds Office.  IMPORTANT:  THE DOMESTIC PARTNERSHIP IS NOT EFFECTIVE UNTIL THE DECLARATION IS RECEIVED IN THE REGISTER OF DEEDS OFFICE.

TERMINATION

Partners who want to terminate their Wisconsin domestic partnership must file a notice of termination of domestic partnership in the same County Clerk office that issued the Declaration of Domestic Partnership, even if the partners no longer reside in that county.  For information regarding the termination process, please contact the Douglas County Clerk's Office at (715) 395-1569.