Annulment in Wyoming
Divorce Papers » Annulment in Wyoming
Annulment in Wyoming is the Decree of Nullity issued nullifying an already invalid marriage. It is a rare occurrence in the state of Wyoming because the grounds specified are limited and difficult to prove.
Grounds for Annulment in Wyoming:
The grounds which are specified by the statute of Wyoming need to be proved with the help of witnesses and exhibits supporting the claims of the grounds cited.
Let us have a detailed look at these grounds for annulment in Wyoming:
Bigamy - If either of the spouses is married to a living non-divorced spouse while entering the current wedlock, such a marriage is considered as bigamous and thus is void ab initio as bigamous marriages are prohibited by the law. Any marriage which is prohibited by law or is considered as illegal has to be annulled and thus, bigamous marriage is annulled on these grounds.
Proving bigamy in the court is a tricky part as one has to collect all the necessary proofs and witnesses. After the exhibits are submitted to the court, the court reaches a final judgment regarding the annulment of such a marriage.
Consanguinity or Incest - Marriage between relatives either by blood or by marriage is known as consanguinity and such a marriage is considered as incestuous which is prohibited by the state law and is thus void ab initio. The annulment can be granted on the sole grounds of the couple being related. This includes people descending from a single blood line and the relatives, siblings, cousins as well as step-relatives.
However, the proofs of the couple's relation need to be submitted in the court. The court deliberates on the submitted proofs and then reaches the judgment of nullity of the marriage.
Underage Marriage - When one of the partners is under the legal marriageable age, such a marriage is considered as underage marriage and thus has to be annulled as it is prohibited by the law. This is one of the types of void ab initio marriages which need to be annulled. The legal marriageable age in the state of Wyoming is 18 and the marriage under that age needs parent / guardian consent.
The age proof of the underage spouse needs to be submitted to the court. However, if the partner has crossed the legal marriageable age and has cohabited as the man and wife, such a marriage cannot be annulled. The petition has to be filed before the marriageable age is attained.
Fraud - When a person conceals some crucial information which is vital for a marital bond to work out from his / her partner, such an act of concealment is known as fraud. This could range from anything like monthly income of the partner to something like a previous sex-change operation. The wronged partner can opt for annulment in such a case as they entered the wedlock under an impression which was wrong and untrue.
However, these claims remain allegations until proved in the court. One needs to provide exhibits and witnesses supporting these claims so that they can get an annulment in the state of Wyoming.
Duress - When a partner is lured into a marital relationship by being held at the gunpoint or by threatening them to hurt somebody or by any other means of coercion which compels them to agree to enter the wedlock, such a marriage is considered as entered into duress and thus invalid.
Nobody can force a person to marry him / her by threatening them by any means. This seriously undermines the sanctity of a marital relationship and is not based on the free will or free consent of the partner who was forced into it. However, such allegations are difficult to prove and proof is an important requirement to get an annulment in the state of Wyoming.
Mental Illness or Insanity - If either of the spouse suffered from the mental illness or temporary or permanent insanity while getting married or is diagnosed after getting married, the other spouse can file for an annulment in such a case. An incurable mental illness can deteriorate an individual's overall health and normal functioning greatly.
Such a marriage can be annulled after the medical reports of the ailing spouse are produced in the court. One can also get the therapist or the psychiatrist to testify in favor of annulment.
As mentioned above, these grounds are specific, limited and difficult to prove. One has to be prepared fully before they decide to file for an annulment. It is a rare occurrence (also mentioned above) owing to the difficulty level of these grounds. Besides, not may professional attorneys advise the couples to file for annulment. They would rather if the couples go for divorce as Wyoming is a no-fault divorce state.