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Legal Information: Wyoming

Divorce

Updated: 
April 1, 2024

Can I have my marriage annulled?

You can ask for your marriage to be annulled in Wyoming for these reasons:

  1. either you or your spouse was already married to someone else at the time of your marriage ceremony;
  2. you and your spouse are related by blood as siblings, parent and child, grandparent and grandchild, uncle/aunt and niece/nephew, or first cousins;
  3. your consent to the marriage was obtained by force;
  4. your consent to the marriage was obtained by fraud;
  5. either you or your spouse was mentally incompetent at the time of your marriage, as long as you did not continue to live together as spouses after regaining mental competency;
  6. your spouse is unable to have sexual relations with you due to physical incapacity, as long as you bring your case for annulment within two years of getting married;
  7. you were under the age of 16 (“the age of consent”) at the time of the marriage; or
  8. you were age 16 or 17 at the time of the marriage and any of the following are true:
  • your marriage was not approved by a judge;
  • you separated from your spouse while under age 18 and did not go back to living together as spouses once you reached age 18; or
  • your consent to the marriage was obtained by force or fraud and you did not voluntarily live with your spouse.1

As of February 2023, no one under the age of 16 is allowed to get married in the state of Wyoming.2 The marriage of anyone age 16 or 17 is allowed only if approved by a judge who is provided with the verbal or written consent of a parent or guardian, or if the minor is emancipated.3 An action for annulment based on the circumstances described in number eight above may be brought by your parent or guardian if you are still underage, but it may not be brought by your spouse who was 18 or older at the time of the marriage.4

The judge in a case for annulment has the power to decide issues of custody, child support, and the division of property.5

1 Wyo. Stat. §§ 20-2-101(a), (b), (f); 20-1-102
2 Wyo. Stat. §§ 20-1-102(a); 20-2-101(a)(iv)
3 Wyo. Stat. §§ 20-1-102; 20-2-101(b)
4 Wyo. Stat. § 20-2-101(d)
5 Wyo. Stat. § 20-2-101(g)