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Annulment in this state is a termination of an already void marriage. Annulments tend to be rare, partly because they require more effort and evidence, and partly because divorce tends to be an easier process. Youe must cite acceptable grounds for annulment and be able to prove them. Grounds for annulment include:
- Fraud or Duress – If you were threatened or married under duress, you can file for an annulment. However, if you continue to live with your partner after discovering the fraud, you lose the right to cite fraud as a reason for an annulment.
- Consanguinity or Incest – the parties are too closely related e.g. closer than first cousins
- Bigamy – One of the parties had a living spouse at the time of their marriage.
- Underage Marriage - state law permits marriage to those age 18 or older, or at age 16 with parent or guardian consent. Children under 16 may marry with parent or guardian consent and permission from a county judge. When an underage person marries and continues to live with their spouse once they reach the age of consent (18), they lose the right to cite underage as a reason for an annulment.
- Mentally Incompetent – When either party is mentally incompetent at the time of the marriage. If the spouse later recovers from their disability and continues to live with their partner, they lose the right to cite incompetence as a reason for annulment.
- Impotence – a spouse is unable to have sexual intercourse.
To begin the process, file a Complaint For Divorce in the district court in the county where you have resided for at least 60 days. In the petition, you will detail both spouse’s names, addresses, when you were married, and where. You must cite one or more grounds for annulment, and if you want the court to decide issues around child support, child custody, visitation, alimony or division of assets, you must state that request. Children’s names and addresses must be listed.
Take the completed forms to the county district court clerk’s office in the county in which you live. A copy of the Complaint must be served on your spouse. Once service has been completed, the court will schedule a hearing. At that hearing you must present evidence (and witnesses, if necessary) that support your contention for the annulment. If the court is satisfied that you have demonstrated valid proof, it will issue the annulment.
[Wyoming Statutes – Title 20 – Chapters: 20-2-101, 20-1-113 ]
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