We often get calls from people asking if they can get an annulment in Wyoming, because they have only been married for a few months. Or less than a year. Or just a few weeks. Unfortunately for them, getting an annulment has nothing to do with how long you have been married.
Grounds for Annulment in Wyoming
Annulments are granted in cases where the marriage is void or voidable. These are technical terms for stating that there really is no marriage, even if there was a ceremony. This occurs in four situations.
Either Husband or Wife Already Married at the Time of the Wedding
This is kind of self explanatory. It is also then most common situation we have seen. For instance, Joe is going through a divorce, and he and his wife have signed all the papers in their attorneys’ offices. Joe and his wife think they are divorced. Then Joe rushes off to Vegas and marries his girlfriend.
Unfortunately, there is some snafu with the papers. Or the Judge is on vacation. In any case, the Judge only signs the divorce decree a couple of weeks after Joe’s divorce papers are submitted. So, he is not divorced when he marries his girlfriend.
In this sort of case, his “marriage” to his girlfriend is void, and it needs to be annulled. Then he can marry her for real.
Either Party is Mentally Incompetent at the Time of the Wedding
This one is also kind of self explanatory. However, it doesn’t mean that Jane gets buyers remorse because her new husband got crazy jealous after the wedding. It means that one of the Parties is adjudicated to be incompetent by a Court.
When the Parties are Closely Related to Each Other
This means you cannot marry your close relatives. Close relatives are parents and children. Grandparents and grandchildren. Brothers and sisters. Aunts, uncles, and nieces and nephews. Or first cousins, when either party is illegitimate.
However, these limitations only apply to parties related by consanguinity. This means you cannot be blood relatives. Therefore, Joe could marry his Auntie Ann, if she was the widow of Joe’s mother’s brother.
When Either Party is Under the Age of Consent
In Wyoming, the legal age of consent to marry is sixteen (16) years. A person can marry someone under sixteen, if a Judge approves the marriage. However, such a marriage can be annulled in Wyoming under certain circumstances. If you are dealing with this kind of case, it is best to call a lawyer.
Annulment on the Grounds of Physical Incapacity
This provision allows a person to get an annulment if their spouse is unable to engage in sexual intercourse. It must be brought within two years of the wedding ceremony. Therefore, you cannot get an annulment if your spouse develops the incapacity because of old age.
What happens when you get an annulment in Wyoming?
As you can see, you might end up getting an annulment quiet a while after the “marriage.” If there are kids, the Court can provide for custody and support as part of the annulment process. If you have accumulated property, the Court can divide it.
Basically an annulment is just like a divorce. However, instead of a decree of divorce, you get a Decree of Annulment. If this is a case where one of the
How Can We Help?
Here at WYeLawyers, we can help identify whether or not your case is appropriate for annulment, or divorce. Either way, we can help you get an appropriate property division order, and custody and support orders, if necessary. So take the next step, and give us a call at 307-382-5545 to schedule a consultation.
By Steve Harton