Domestic Partnership Information
Domestic partnership applications are accepted at the County Clerk's office, Room 105, Courthouse, 901 North 9th Street, Monday through Friday from 8:00 a.m. to 4:00 p.m. To hear a voice recording on how to apply for a declaration of domestic partnership, please call 414-278-4070.
CRITERIA FOR FORMING A DOMESTIC PARTNERSHIP
Two individuals may form a domestic partnership if they meet all of the following criteria:
- Each individual is at least 18 years old and capable of consenting to the domestic partnership.
- Neither individual is married to, or in a domestic partnership with another individual.
- The two individuals share a common residence.
- The two individuals are not nearer of kin to each other than second cousins.
- The individuals are members of the same sex.
APPLICATION PROCESS
The two individuals must apply together, in person. Each person must bring in a certified copy of his or her birth certificate (no hospital certificates or birth registration forms).
Each person must show proof of identity and residency (with current address) in Milwaukee County.
Both individuals must bring in Social Security cards. The name on your Social Security card must be your legal name, with any legal suffixes.
If either party has had a previous marriage or domestic partnership, a filed copy of the final judgment of divorce, legal annulment, certificate of termination of domestic partnership or certified death certificate must be shown at the time of application.
The County Clerk will issue a declaration of domestic partnership seven (7) days after application.
FEE
The fee for a domestic partnership is $105.00 (cash only) payable at the time of filing an application.
NOTE
Any documents in a foreign language, must have attached to it a certified and/or notarized translation. Both applicants must be able to speak and read english. If not, it is up to them to provide a translator.
FILING THE DECLARATION OF DOMESTIC PARTNERSHIP
In order to form the legal status of domestic partners, the individuals must complete the declaration of domestic partnership, sign the declaration before a notary and submit the declaration to the Register of Deeds (Room 103 Courthouse).
Helpful Links
TERMINATING A DOMESTIC PARTNERSHIP
A domestic partner may terminate the domestic partnership by filing a completed notice of termination of domestic partnership form with the County Clerk who issued the declaration of domestic partnership.
The fee for terminating a domestic partnership in Milwaukee County is $105.00 (cash only), payable to the County Clerk at the time of application for termination.
The notice of termination 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 stating either of the following:
- That the other domestic partner has been served in writing, in the manner provided in Section 801.11 of the Wisconsin Statutes, that a notice of termination of domestic partnership is being filed with the County Clerk or;
- That the domestic partner seeking termination has been unable to locate the other domestic partner after making reasonable efforts and that notice to the other domestic partner has been made by publication of a notice in a newspaper of the general circulation in the county in which the residence most recently shared by the domestic partners is located.
Upon receiving a completed, signed and notarized notice of termination of domestic partnership, the fee of $105.00 and affidavit, if required, the County Clerk will issue to the domestic partner filing the notice of termination, a certificate of termination of domestic partnership.
The domestic partner must submit the certificate of termination of domestic partnership to the Register of Deeds.
The termination of a domestic partnership is effective 90 days after the certificate of termination of domestic partnership is recorded with the Register of Deeds.
If a party to a domestic partnership enters into a marriage that is recognized as valid in the State of Wisconsin, the domestic partnership is automatically terminated on the date of the marriage.