Understanding Marriage Annulment in Wyoming

Under Wyoming Statutes §20-2-101, a marriage annulment is granted when the court determines that a marriage is either void or voidable due to a legal impediment. A void marriage is considered invalid right from the onset (void ab initio). In contrast, a voidable marriage remains valid until it is voided or annulled by the court (at the instance of one of the spouses).

Annulment is different from divorce on the grounds of the legitimacy of the marriage. Annulment is granted when a marriage is not legitimate or valid. There was, in fact, no marriage, even if a ceremony was held, due to legal impediments. Thus, it is treated as though it never existed. On the other hand, divorce marks the legal end or termination of a marriage.

Following an annulment, the individuals become single again and may subsequently marry other people. The legal purpose of an annulment is to officially invalidate a marriage based on the fact that it was never legally valid and to correct the record so that the parties' marital status reflects that they are single.

Note: The annulment produces an annulment decree declaring the marriage void from the beginning. However, if the annulled marriage had produced any children, they are considered legitimate. As such, the court may issue child custody and support orders as it deems fit.

Grounds for Annulment in Wyoming

In Wyoming, individuals may challenge a marriage by seeking an annulment on several grounds. A court in Wyoming would grant an annulment due to:

• Fraud or misrepresentation
• Concealing a significant issue such as criminal history, illness, previous marriage or impotence.
• Mental incapacity of either party, at the time of marriage
• Lack of consent, lack of ability to consent, or obtaining consent by duress or coercion
• Underage marriage
• Marriage to a close blood relative

In Wyoming, the putative spouse, the guardian of an incompetent or insane person, and interested third parties such as heirs or the state may challenge the validity of a void marriage. On the other hand, voidable marriages remain valid except when one of the spouses challenges the validity in an annulment proceeding.

Eligibility Requirements for an Annulment in Wyoming

For void marriages, either of the spouses or a third party may petition the court for an annulment. Voidable marriages remain valid until either spouse takes action to have it annulled by the court.

To file for an annulment in Wyoming, at least one of the spouses must have resided in Wyoming for 60 days before filing the annulment petition. However, residency may not be necessary if the cause for the annulment occurred in Wyoming. When these conditions are met, Wyoming courts have jurisdiction to handle the annulment case.

If annulment is sought on the grounds of underage marriage, a petition must be filed before the underage spouse attains the age of majority. Annulments filed on grounds of fraud, duress, or mental incompetence must be filed within a reasonable timeframe following the discovery, or upon regaining mental capacity.

An annulment based on physical incapacity must be filed within 2 years after marriage registration. Annulments filed on the grounds of bigamy or incest may be annulled at any time by either of the putative spouses or a third party.

State laws in Wyoming do not recognize common-law marriages, regardless of the timeframe during which individuals lived together without officially registering their marriage. A civil annulment is the only type recognized by Wyoming law. A religious annulment does not automatically change the status of a legal marriage.

How to Get a Marriage Annulled in Wyoming

To obtain a marriage annulment in Wyoming, individuals must first verify that their marriage meets the legal grounds for annulment. To be eligible to file for annulment in Wyoming, one of the spouses must have lived in Wyoming for 60 days, or the legal impediment to the validity of the marriage occurred in Wyoming. Wyoming permits annulments only when the marriage was void or voidable under the law.

The steps involved in getting a marriage annulment include:

• The individuals must meet the residency requirements.
• They should fill out a “petition for annulment” form in the District Court of the County where either spouse resides, or the cause for the annulment took place.
• The petitioner serves the respondent with the petition and summons and provides the court with proof.
• The respondent has 20 to 30 days to file a written response.
• Resolution of issues pertaining to property division, child custody, and support, if necessary. This involves attending a scheduled hearing at the court, where the judge decides on annulment based on the legal grounds and evidence provided, and resolves any contested issues between the parties.
• The process is finalized when the court issues a decree of annulment declaring the marriage invalid.

Required Forms and Documentation for a Wyoming Annulment

To get a marriage annulled in Wyoming, individuals must petition the court, citing the grounds for annulment. In the process, they are required to fill out some forms and file them with the court. They are also required to pay the requisite fees.

Some of the forms and documents used in an annulment case include:

Complaint for Annulment/Nullity: This is a complaint form used to initiate the civil action. It contains the facts and legal grounds for the annulment.

Civil Cover Sheet: An administrative form required for civil cases.

Summons: Used by the petitioner to formally notify the respondent of the lawsuit.

Vital Statistics Form: Used in family law cases to gather statistical information about the marriage.

Acknowledgement and Acceptance of Service: The form used by the respondent to acknowledge receipt of the summons.

Confidential Financial Affidavit: Used when annulment involves division of property or child support.

Affidavit of Indigency and Request for Waiver of Fees: Form used to request that the court waive the filing fees based on financial incapacity.

Affidavit for Decree Without Appearance of Parties: This document allows the judge to issue the final decree without a formal court hearing when the case is uncontested.

Decree of Annulment: The final order signed by the judge that officially invalidates a marriage.

Interested parties may find forms for annulment on the Wyoming judicial branch website. They may also visit the office of the district court clerk. Additionally, local courts in the counties provide access portals through which necessary forms and documents may be found.

Where to File for an Annulment in Wyoming

Under Wyoming Statutes §20-2-101, a petition to annul a marriage may be filed in the District Court of the County where one of the spouses or both of them reside. To begin the process, the putative spouse must file a petition for annulment and specify the grounds for which they seek annulment.

Afterwards, the respondent must be served with the notice of action and allowed to respond. They must also gather and present evidence showing that the marriage was legally void or voidable at the time of the contract. If the court finds sufficient evidence that there are grounds for annulment, the judge will issue a Decree of Nullity.

Annulment Timelines and Waiting Periods in Wyoming

There is no mandatory waiting period for annulments in Wyoming. The petitioner must serve the case, and the respondent must answer within 20 days (or 30 days if it is served out of state). Following this, the court holds a hearing on the matter. The overall timeline for annulment depends on the means used to serve the notice, whether the case is contested, and parenting and child support issues (if children are involved). In comparison, during a divorce, there is a mandatory 20-day minimum waiting period after filing.

Petitioners must include evidence of the grounds of annulment and any supporting documents and file the petition in the appropriate District Court to avoid delays and dismissal.

Costs and Court Fees for an Annulment in Wyoming

In Wyoming, the filing fee in the District Court is between $160 and $200. There are charges for certified copies at $0.5 per document and $1 per-page copy fee. If the petitioner decides to hire an attorney, private mediation typically costs between $100 and $300 per hour, with retainers ranging from $2,500 to $5,000. Moreover, the Sheriff service for serving notice costs about $50 per service.

For indigent individuals, the court may waive the filing fee. Additionally, Wyoming law allows petitioners to self-represent. Such individuals may find self-help resources on the portal provided by the Wyoming judicial branch.

After the Annulment: What Happens Next?

After the judge has signed the decree of annulment, the union is officially dissolved. Both individuals are considered single and never married in the eyes of the law. They may go ahead and marry other people immediately, unlike in divorce, where they have to wait for 6 months.

Under Title 20 of the Wyoming Statutes, the court follows a standard of just and equitable disposition of property, considering the property's acquisition specifics. This implies that the individuals who acquired the properties during the union generally retain them.

Moreover, children born during the union are considered legitimate. The judge makes custody orders in the best interests of the child or children, considering factors like each parent's ability and willingness to co-parent, and how to maintain or strengthen relationships. They also consider any evidence of child or spousal abuse and sex offender status.