Wyoming
Wyoming Annulment Laws: Grounds, Deadlines and How to File (2026)
Independently fact-checked against primary sources (last audited October 10, 2026). · 6 primary sources cited on this page. How we verify our legal content
Yes, Wyoming courts grant annulments. Wyoming Statutes § 20-2-101 defines which marriages are void and which are voidable, and on due proof a district court declares the marriage void "by a decree of nullity." Most grounds have no fixed filing deadline in the statute, but an annulment for physical incapacity must be started within two years of the wedding.
Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers civil annulment in Wyoming under Wyoming Statutes §§ 20-2-101, 20-2-103, 20-2-108, 20-1-102, 20-1-113, 20-2-114 and 20-2-201, plus the Wyoming Judicial Branch's self-help pages. It does not cover religious annulment, spousal support after an annulment, name changes, wills and inheritance, or other states' law. For ending a valid marriage, see Wyoming divorce laws.
Can you get an annulment in Wyoming?
Yes. Wyoming's annulment statute is W.S. 20-2-101, headed "Void and voidable marriages defined; annulments." It sorts defective marriages into two groups. A void marriage is invalid from the start, and a voidable marriage stands until a court annuls it.
Under W.S. 20-2-101(c), a court declares the marriage void "by a decree of nullity" once the grounds are proved. The Wyoming Judicial Branch's marriage help page puts the idea simply: "A marriage can be annulled if either or both parties entered into the marriage without meeting the legal requirements to marry."
Void marriages in Wyoming
Section 20-2-101(a) provides that "Marriages contracted in Wyoming are void without any decree of divorce" in four situations. Even so, W.S. 20-2-101(c) still lets either party petition for a decree of nullity for the reasons stated in subsections (a) and (b).
| Void ground | What the statute says | Cite |
|---|---|---|
| Existing marriage | "When either party has a husband or wife living at the time of contracting the marriage" | W.S. 20-2-101(a)(i) |
| Mental incompetency | "When either party is mentally incompetent at the time of contracting the marriage" | W.S. 20-2-101(a)(ii); see also 20-2-101(e) |
| Close blood relatives | Parent and child, grandparent and grandchild, brother and sister of half or whole blood, uncle and niece, aunt and nephew, or first cousins, "whether either party is illegitimate" | W.S. 20-2-101(a)(iii) |
| Under 16 | "When either party is under sixteen (16) years of age at the time of contracting the marriage" | W.S. 20-2-101(a)(iv); 20-1-102(b) |
The kinship ground lists blood relationships, and subsection (a)(iii) does not apply to persons who are not related by consanguinity (blood).
Mental incompetency appears in the void list, but subsection (e) adds rules about who may sue and when the claim is lost. A guardian or next friend may bring the action on behalf of the incompetent person. Under W.S. 20-2-101(e), "A mentally incompetent person restored to competency may maintain an action of annulment, but no decree may be granted if the parties freely cohabited as husband and wife after restoration of competency."
Voidable marriages and other annulment grounds in Wyoming
Section 20-2-101(b) lists the voidable grounds in one sentence:
"A marriage is voidable if solemnized when either party was sixteen (16) or seventeen (17) years of age unless a judge gave consent, if they separated during nonage and did not cohabit together afterwards, or if the consent of one (1) of the parties was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties."
Each ground carries its own condition, and subsection (b) states no fixed filing period for any of them. Living together voluntarily after the problem ends is the recurring bar.
| Ground | Who may file | Time limit in the statute | What bars the claim | Cite |
|---|---|---|---|---|
| A party was 16 or 17 and no judge gave consent | Either party (20-2-101(c)); where a party was under the age of legal consent set by 20-1-102(a), also the parent or guardian entitled to custody of the minor (20-2-101(d)) | None stated | A party who was of the age of legal consent at the marriage cannot obtain it; no annulment if the parties freely cohabited after reaching the age of consent | W.S. 20-2-101(b), (d) |
| Parties separated during nonage and did not cohabit afterwards | Either party | None stated | The ground itself requires that they did not cohabit afterwards | W.S. 20-2-101(b), (c) |
| Consent obtained by force or fraud | Either party | None stated | Subsequent voluntary cohabitation of the parties | W.S. 20-2-101(b), (c) |
| Mental incompetency (void list, with its own rules) | A guardian or next friend for the incompetent person, or the person once restored to competency | None stated | Free cohabitation as husband and wife after restoration of competency | W.S. 20-2-101(e) |
| Physical incapacity | Only the injured party, against the party whose incapacity is alleged | Within 2 years from the solemnization of the marriage | Filing after the 2-year period | W.S. 20-2-101(f) |
For the age ground, W.S. 20-2-101(d) states: "The marriage may not be annulled on the application of a party who was of the age of legal consent at the time of the marriage nor when it appears that the parties, after they had attained the age of consent, had freely cohabited as man and wife."
Physical incapacity: the two-year deadline
Physical incapacity is not listed in subsection (a) or (b), and the statute does not label it void or voidable. Subsection (f) sets its procedure: the action "may only be maintained by the injured party against the party whose incapacity is alleged and may only be commenced within two (2) years from the solemnization of the marriage."
Underage marriage rules in Wyoming
Wyoming's marriage-age section, W.S. 20-1-102, sets an absolute floor of 16. Subsection (b) provides:
"All marriages involving a person sixteen (16) or seventeen (17) years of age are prohibited and voidable, unless before contracting the marriage a judge of a court of record in Wyoming approves the marriage and authorizes the county clerk to issue a license therefor. All marriages involving a person under sixteen (16) years of age are void."
Section 20-1-102 contains other consent provisions too. Under subsection (c), a license for a 16 or 17 year old also requires the consent of a parent, guardian or person having the care and control of the minor. Under subsection (d), two parties who are each at least 16 may marry without a judge's or a parent's consent if every party under 18 meets the contract requirements of W.S. 14-1-102 or has an emancipation declaration under W.S. 14-1-203. This page does not reconcile how those provisions work together in a given case; the county clerk or a Wyoming lawyer can explain how they apply.
These age rules come from a 2023 law, Enrolled Act 44 (HB0007, 2023 Wyo. Sess. Laws ch. 73). Section 2 of that act says it "shall apply to all marriages entered into on and after the effective date of this act," and the act took effect when it became law; the Governor signed it on February 23, 2023. Under the earlier law, the minimum age was 16, and a marriage involving a person under 16 was "prohibited and voidable" unless a judge of a court of record in Wyoming approved it in advance. The rules for a marriage entered into before the 2023 act took effect can differ from those described above, so a Wyoming lawyer can explain how they apply to an older marriage.
How to file for an annulment in Wyoming
Under W.S. 20-2-101(c), "Either party may file a petition in the district court of the county where the parties or one (1) of them reside." The proceedings "shall be held as in the case of a petition for divorce except as otherwise provided." Section 20-2-108 adds that actions to annul or affirm a marriage "shall be conducted in the same manner as civil actions."
Wyoming's residence rule, W.S. 20-2-107(a), is worded for divorce: "No divorce shall be granted unless one of the parties has resided in this state for sixty (60) days immediately preceding the time of filing the complaint, or the marriage was solemnized in this state and one of the parties has resided in this state from the time of the marriage until the filing of the complaint." Section 20-2-101 itself sets venue by county of residence. This page does not cover whether a court applies that residence rule to an annulment, so ask the district court clerk before filing.
The Wyoming Judicial Branch's self-help forms page offers divorce packets. As of 2026-10-08, neither that page nor the Judicial Branch marriage page listed an annulment-specific form. The marriage page points readers to Title 20 of the Wyoming Statutes and to county clerks.
Asking a court to affirm a marriage instead
The statute also works in the other direction. Under W.S. 20-2-103, "When the validity of any marriage is denied by either party, the other party may file a petition to affirm the marriage."
Children, property and support after an annulment
Children. Section 20-1-113 provides: "The legitimacy of all children conceived or born during the marriage is rebuttably presumed pursuant to W.S. 14-2-504." Under W.S. 20-2-201(a), a court "in granting a divorce, separation or annulment of a marriage" may make any disposition of the children "that appears most expedient and in the best interests of the children." This page does not cover how the parentage presumption applies to a particular annulled marriage. For custody rules, see Wyoming child custody laws.
Property and child support. Section 20-2-101(g) provides: "All decrees of annulment may include provisions for the custody and support of children pursuant to this article, W.S. 20-2-201 through 20-2-204 and 20-2-301 through 20-2-315 and for the division of property pursuant to W.S. 20-2-114." The property standard in W.S. 20-2-114(a) is a disposition that "appears just and equitable."
Spousal support. Subsection (g) does not mention alimony. This page does not cover whether a Wyoming court can award spousal support when it annuls a marriage, or whether Wyoming protects a spouse who married in good faith (sometimes called a putative spouse).
Annulment vs. divorce in Wyoming
An annulment declares that a marriage was void, while a divorce ends a valid marriage. Wyoming grants a divorce on the ground of irreconcilable differences in the marital relationship (W.S. 20-2-104), and the residence rule in W.S. 20-2-107(a) (60 days, or a Wyoming wedding with continuous residence since) applies to divorce. See Wyoming divorce laws for the divorce process.
A church annulment and a court annulment are separate processes.
If you need a record of an earlier marriage or decree, see Wyoming marriage and divorce records. Whether two people were married at all can also turn on Wyoming common-law marriage rules.
Disclaimer: This article provides general legal information about annulment under the Wyoming Statutes, verified on 2026-10-09. It is not legal advice. For advice about a specific marriage, consult a lawyer licensed in Wyoming or contact the clerk of the district court where you would file.
Related
- Annulment laws in every state
- Wyoming divorce laws
- Wyoming common-law marriage
- Wyoming marriage and divorce records
- Wyoming child custody laws
Last updated: 2026-10-09.
Frequently Asked Questions
What are the grounds for annulment in Wyoming?
W.S. 20-2-101(a) makes a marriage void for an existing spouse, mental incompetency, close blood kinship including first cousins, or a party under 16. W.S. 20-2-101(b) makes it voidable for a 16 or 17 year old without a judge's consent, separation during nonage without later cohabitation, or force or fraud without later voluntary cohabitation, and W.S. 20-2-101(f) covers physical incapacity. The under-16 and 16-or-17 rules come from a 2023 law that applies to marriages entered into on and after its effective date (it was signed February 23, 2023).
Is there a time limit to get an annulment in Wyoming?
W.S. 20-2-101(f) requires an action for physical incapacity to be started within two years from the solemnization of the marriage. The other grounds in W.S. 20-2-101 do not state a fixed filing period, but the age, force or fraud, and incompetency grounds are barred if the parties freely or voluntarily cohabit after the problem ends, as the statute describes for each.
Can parents annul their child's marriage in Wyoming?
Where a party was under the age of legal consent set by W.S. 20-1-102(a), W.S. 20-2-101(d) lets the parent or guardian entitled to custody of the minor file. No annulment is granted if the parties freely cohabited after reaching the age of consent.
Where do you file for an annulment in Wyoming?
In the district court of the county where the parties or one of them reside, under W.S. 20-2-101(c). The case proceeds as in a divorce except as otherwise provided, and W.S. 20-2-108 says it is conducted in the same manner as a civil action.
Can a Wyoming court divide property in an annulment?
Yes. W.S. 20-2-101(g) lets a decree of annulment provide for division of property under W.S. 20-2-114, along with custody and support of children.
Is a marriage to a first cousin valid in Wyoming?
No. W.S. 20-2-101(a)(iii) lists first cousins among the relationships that make a marriage contracted in Wyoming void without any decree of divorce.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wyoming Statutes, Title 20 - Domestic Relations - Chapter 2: Dissolution of Marriage - Article 1: In General
§ 20-2-101Void and voidable marriages defined; annulments.In forcecited in 2 of our articles
(a) Marriages contracted in Wyoming are void without any decree of divorce: (i) When either party has a husband or wife living at the time of contracting the marriage; (ii) When either party is mentally incompetent at the time of contracting the marriage; (iii) When the parties stand in the relation to each other of parent and child, grandparent and grandchild, brother and sister of half or whole blood, uncle and niece, aunt and nephew, or first cousins, whether either party is illegitimate. This paragraph does not apply to persons not related by consanguinity; (iv) When either party is under sixteen (16) years of age at the time of contracting the marriage. (b) A marriage is voidable if solemnized when either party was sixteen (16) or seventeen (17) years of age unless a judge gave consent, if they separated during nonage and did not cohabit together afterwards, or if the consent of one (1) of the parties was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Also relied on in: Wyoming Marriage License Requirements 2026: $30 Fee, No Wait
§ 20-2-103Petition to affirm marriage.In force
When the validity of any marriage is denied by either party, the other party may file a petition to affirm the marriage. Upon due proof of the validity thereof, it shall be declared valid by a decree of the court which is conclusive upon all persons concerned.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
§ 20-2-114Disposition of property to be equitable; factors; alimony generally.In forcecited in 5 of our articles
(a) Except as provided in subsection (b) of this section, in granting a divorce, the court shall make such disposition of the property of the parties as appears just and equitable, having regard for the respective merits of the parties and the condition in which they will be left by the divorce, the party through whom the property was acquired and the burdens imposed upon the property for the benefit of either party and children. The court may decree to either party reasonable alimony out of the estate of the other having regard for the other's ability to pay and may order so much of the other's real estate or the rents and profits thereof as is necessary be assigned and set out to either party for life, or may decree a specific sum be paid by either party.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 96 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wallop v. Wallop (Wyoming Supreme Court 2004, 88 P.3d 1022)“…11-12 , 40 P.3d 1228, ¶¶ 11-12 (Wyo.2002): Wyo. Stat. Ann. § 20-2-114 (Lexis 1999) governs the division of m…”
- Sellers v. Sellers (Wyoming Supreme Court 1989, 775 P.2d 1029)“…casions. When the district court disposes of property under W.S. 20-2-114, it exercises a large discretion in det…”
- Odegard v. Odegard (Wyoming Supreme Court 2003, 69 P.3d 917)“…marriage should be excluded from the property settlement. Wyo. Stat. Ann. § 20-2-114 (LexisNexis 2001) is the primary sourc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wyoming Alimony Laws: How Spousal Support Works (2026), Common Law Marriage in Wyoming: Is It Recognized? (2026), Wyoming Divorce Laws (2026): Grounds, Residency, and Process
Wyoming Statutes, Title 20 - Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage
§ 20-1-102Minimum marriageable age; exception; parental consent.In forcecited in 2 of our articles
(a) At the time of marriage the parties shall be at least eighteen (18) years of age except as otherwise provided. No person shall marry who is under the age of sixteen (16) years. (b) All marriages involving a person sixteen (16) or seventeen (17) years of age are prohibited and voidable, unless before contracting the marriage a judge of a court of record in Wyoming approves the marriage and authorizes the county clerk to issue a license therefor. All marriages involving a person under sixteen (16) years of age are void. (c) When either party is sixteen (16) or seventeen (17) years of age, no license shall be granted without the verbal consent, if present, and written consent, if absent, of the father, mother, guardian or person having the care and control of the person sixteen (16) or seventeen (17) years of age. Written consent shall be proved by the testimony of at least one (1) competent witness.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Wyoming Statutes, Title 2 - Wills, Decedents' Estates and Probate Code - Chapter 6: Wills - Article 1: In General
§ 2-6-125Revocation of probate and nonprobate transfers by divorce or annulment; effect; revival; other changes excluded.In forcecited in 2 of our articles
(a) As used in this section: (i) "Divorce" or "annulment" means any dissolution of marriage through a divorce or annulment that results in the exclusion of the spouse as a surviving spouse for purposes of probate and nonprobate transfers upon death of the spouse. A decree of separation that does not terminate the status of spouses is not a divorce or annulment for purposes of this section; (ii) "Divorced person" means a person who has divorced from the person's spouse or whose marriage has been annulled; (iii) "Governing instrument" means an instrument executed by a divorced person before the divorce or annulment of the marriage to the person's former spouse that the divorced person could have revoked or amended; (iv) "Relative of the divorced person's former spouse" or "former spouse's relative" means any person who is related to the divorced person's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced person by blood, adoption or affinity; (v) "Revocable" means a disposition, appointment, provision or nomination under which the divorced person, at the time of the divorce or annulment, was alone empowered by…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Also relied on in: Wyoming Prenuptial Agreement Laws: Enforceability and Case Law (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Wyoming Statutes Title 20 (Domestic Relations), including §§ 20-1-102, 20-1-113, 20-2-101, 20-2-103, 20-2-104, 20-2-107, 20-2-108, 20-2-114 and 20-2-201 (Wyoming Legislature)(wyoleg.gov).gov
- Wyoming Judicial Branch: Legal Help by Topic, Marriage(wyocourts.gov).gov
- Wyoming Judicial Branch: Self-Help Forms(wyocourts.gov).gov
- Wyoming Legislature: 2023 Enrolled Act 44 (HB0007), Underage marriage amendments(wyoleg.gov).gov
- Wyoming Legislature: HB0007 (2023) bill digest, Chapter 73, Session Laws of Wyoming 2023(wyoleg.gov).gov
- Wyoming Statutes Title 14, including § 14-2-504 (presumption of paternity) (Wyoming Legislature)(wyoleg.gov).gov