Wyoming: Divorcio

Grounds are legally acceptable reasons for divorce. A judge can grant you a divorce for the following reasons:

1. irreconcilable differences between you and your spouse;¹ or
2. incurable insanity if your spouse has been confined to a mental hospital for at least two years before you file for divorce. In cases of incurable insanity, your spouse will be given a guardian to help him/her through the court process and a county attorney to defend him/her in court. You will be responsible for paying the court fees, attorney’s fees, and guardian’s fees.²

¹ Wyo. Stat. § 20-2-104
² Wyo. Stat. § 20-2-105

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)

While divorce laws vary by state, here are the basic steps that a person may have to follow to obtain a divorce:

• First, you or your spouse must meet the residency requirements of the state you want to file in.
• Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
• Third, you must file the appropriate divorce papers and have copies sent to your spouse. (To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.) For the exact rules for serving the papers, contact your local courthouse or an attorney.   
• Fourth, if your spouse disagrees with anything in the divorce papers, then s/he will have the opportunity to file papers telling her/his side.  In his/her response, the other party may express his/her opinion challenging the divorce, asking that it be granted under different grounds or letting the judge know that s/he agrees to the divorce.  If your spouse contests the divorce, then you may have a series of court appearances to sort the issues out.  Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway.  (Speak to a lawyer in your state about how long you have to wait to see if your spouse answers before you can continue with the divorce.)
• Fifth, if there are property, assets, a pension, debts, or anything else that you need divided, or if you need financial support from your spouse, then these issues may have to be dealt with during the divorce or else you may lose your chance to deal with these issues.  The issues may be worked out during settlement negotiations and incorporated into the divorce decree or in a series of court hearings during the divorce.  Custody and child support may also be decided as part of your divorce.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?