20-1-101 Marriage a civil contract

Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential.

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage (C.L. 1876, ch. 81, § 1; R.S. 1887, § 1541; R.S. 1899, § 2955; C.S. 1910, § 3891; C.S. 1920, § 4955; R.S. 1931, § 68-101; C.S. 1945, § 50-101; W.S. 1957, § 20-1; Laws 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-1-101.)

20-1-102 Minimum marriageable age; exception; parental consent

(a) At the time of marriage the parties shall be at least sixteen (16) years of age except as otherwise provided.

(b) All marriages involving a person under sixteen (16) 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.

(c) When either party is a minor, 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 minor. Written consent shall be proved by the testimony of at least one (1) competent witness.

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage
(C.L. 1876, ch. 81, §§ 2, 5; R.S. 1887, §§ 1542, 1545; R.S. 1899, §§ 2956, 2959; C.S. 1910, §§ 3892, 3895; C.S. 1920, §§ 4956, 4959; R.S. 1931, §§ 68-102, 68-105; C.S. 1945, §§ 50-102, 50-105; W.S. 1957, §§ 20-2, 20-3; Laws 1975, ch. 4, § 1; ch. 61, § 1; Rev. W.S. 1957, § 20-2.1; Laws 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-1-102.)

20-1-103 License; required

(a) Before solemnization of any marriage in this state, a marriage license shall be obtained from a Wyoming county clerk.

(b) Application for a marriage license shall be made by one (1) of the parties to the marriage before the license is issued. Upon receipt of an application, the county clerk shall ascertain by the testimony of a competent witness and the applicant, the names, the social security numbers of the parties who have valid social security numbers, residences and ages of the parties and whether there is any legal impediment to the parties entering into the marriage contract according to the laws of the state of their residence. The clerk shall enter the facts ascertained in a book kept by him for that purpose, except for the social security numbers which shall be provided to the state office of vital records and not made a part of the county public record. He may issue a license to marry and shall date the license on the date of issuance except as otherwise provided.

(c) Unless there is an order to waive the requirements of this section by a judge of a court of record in the county pursuant to W.S. 20-1-105, the clerk shall refuse to issue a license if:

(i) Either of the parties is legally incompetent to enter into a marriage contract according to the law of this state; or

(ii) There is any legal impediment; or

(iii) Either party is a minor and the consent of a parent or guardian has not been given.

(d) A marriage license obtained from a Wyoming county clerk shall expire one (1) year from the date the license was issued if the parties have not solemnized the marriage. The expiration date shall be shown on the marriage license. Upon expiration of a marriage license, the parties shall apply for and obtain a new marriage license before solemnization of their marriage in this state.

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage (C.L. 1876, ch. 81, §§ 4, 6, 7; R.S. 1887, §§ 1544, 1546, 1547; R.S. 1899, §§ 2958, 2960, 2961; Laws 1907, ch. 97, §§ 1, 2; C.S. 1910, §§ 3894, 3896, 3897; C.S. 1920, §§ 4958, 4960, 4961; Laws 1931, ch. 99, § 1; R.S. 1931, §§ 68-104, 68-106, 68-107; Laws 1935, ch. 3, § 1; 1945, ch. 144, § 1; C.S. 1945, §§ 50-104, 50-106, 50-107; W.S. 1957, §§ 20-4 to 20-6; Laws 1975, ch. 61, § 2; 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-1-103; Laws 1997, ch. 193, § 2; 1998, ch. 90, § 1; 2009, ch. 40, § 1.)

20-1-105 Judge may order license issued

(a) If any county clerk refuses to issue a license to marry, or in case of circumstances arising which would necessitate the waiver of any one (1) or more of the requirements of W.S. 20-1-102 and 20-1-103(b) and (c), either applicant for the license may apply to the district court of the county for the issuance of a license without compliance with one (1) or more of those requirements. If the judge finds that a license should be issued, or such circumstances exist that it is proper that any one (1) or more of the requirements should be waived, the judge may order in writing the issuance of the license. Upon the order of the judge being filed with the county clerk, the county clerk shall issue the license at the time specified in the order. No fee or court costs shall be charged or taxed for the order.

(b) If either party is under sixteen (16) years of age, the parents or guardians may apply to any judge of a court of record in the county of residence of the minor for an order authorizing the marriage and directing the issuance of a marriage license. If the judge believes it advisable, he shall enter an order authorizing the marriage and directing the county clerk to issue a license. Upon filing of a certified copy of the order with the county clerk, the county clerk shall issue a license and endorse thereon the fact of the issuance of the order. No person authorized to perform marriage ceremonies in Wyoming shall perform any marriage ceremony if either party is under the age specified by this subsection unless the license contains the endorsement.

(c) Before issuing the order provided by this section the judge may require affidavits or other proof of the competency of the parties or of any other facts necessitating or making the order advisable. The order may be in substantially the following form:

I . . . . . , the undersigned . . . . . , a judge of the . . . . . court, a court of record in and for . . . . . county, Wyoming, hereby order that a marriage license may issue to . . . . . of . . . . . (address) and . . . . . of . . . . . (address) on the . . . . . day of . . . . . (year) . . . . . Date: . . . . .

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage (Laws 1975, ch. 61, § 1; W.S. 1957, §§ 20-8.1, 20-8.2; Laws 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-1-105; Laws 1999, ch. 150, § 2; 2002 Sp. Sess., ch. 45, § 1.)

20-1-107 Certificate of marriage

(a) When a marriage is solemnized, the person performing the ceremony shall give one (1) of the parties a certificate under his hand and signed by the witnesses to the marriage, specifying the names, ages and place of residence of the parties married, the names and residences of at least two (2) witnesses who were present at the marriage, and the time and place thereof.

(b) The county clerk of each county in the state shall record all returns of marriages in a book kept for that purpose within one (1) month after receipt.

(c) The original certificate and record of marriage made by the person performing the ceremony and the record thereof or a certified copy of the certificate or record is admissible in all courts and places as presumptive evidence of the fact of the marriage.

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage (C.L. 1876, ch. 81, §§ 10, 12, 16; R.S. 1887, §§ 1550, 1552, 1556; R.S. 1899, §§ 2964, 2966, 2970; C.S. 1910, §§ 3900, 3902, 3906; C.S. 1920, §§ 4964, 4966, 4970; Laws 1931, ch. 73, § 77; R.S. 1931, §§ 68-110, 68-112, 68-116; C.S. 1945, §§ 50-112, 50-113, 50-117; W.S. 1957, §§ 20-12 to 20-14; Laws 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-1-107.)

20-1-108 Offenses relating to marriage generally

If the county clerk neglects to record a marriage certificate, or if any person performs a marriage ceremony knowing that he is not legally authorized to do so or knowing of any legal impediment to the proposed marriage, he is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for not exceeding one (1) year.

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage (C.L. 1876, ch. 81, § 13; R.S. 1887, § 1553; R.S. 1899, § 2967; C.S. 1910, § 3903; C.S. 1920, § 4967; R.S. 1931, § 68-113; C.S. 1945, § 50-114; W.S. 1957, § 20-15; Laws 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-1-108.)

20-1-109 When marriage solemnized by unauthorized person valid

No marriage solemnized in any manner authorized by W.S. 20-1-106, shall be deemed or adjudged to be void, nor is the validity of the marriage in any way affected because of a lack of jurisdiction or authority of the person performing the ceremony of marriage if the marriage is consummated with a full belief on the part of the persons so married, or either of them, that the person performing the ceremony was lawfully authorized to do so.

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage (C.L. 1876, ch. 81, § 14; R.S. 1887, § 1554; R.S. 1899, § 2968; C.S. 1910, § 3904; C.S. 1920, § 4968; R.S. 1931, § 68-114; C.S. 1945, § 50-115; W.S. 1957, § 20-16; Laws 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-1-109; Laws 1999, ch. 79, § 1.)

20-1-110 Marriage ceremony according to rites and customs of religious societies or assemblies

Any religious society or religious assembly may perform the ceremony of marriage in this state according to the rites and customs of the society or assembly. The clerk or keeper of the minutes, proceedings or other book of the society or assembly wherein the marriage occurs, or if none then the moderator or person presiding in the society or assembly, shall make out and transmit to the county clerk of the county a certificate of the marriage.

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage (C.L. 1876, ch. 81, § 15; R.S. 1887, § 1555; R.S. 1899, § 2969; C.S. 1910, § 3905; C.S. 1920, § 4969; R.S. 1931, § 68-115; C.S. 1945, § 50-116; W.S. 1957, § 20-20; Laws 1967, ch. 108, § 1; 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-1-110.)

20-1-111 Foreign marriages

All marriage contracts which are valid by the laws of the country in which contracted are valid in this state.

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage (C.L. 1876, ch. 81, § 17; R.S. 1887, § 1557; R.S. 1899, § 2971; C.S. 1910, § 3907; C.S. 1920, § 4971; R.S. 1931, § 68-117; C.S. 1945, § 50-118; W.S. 1957, § 20-21; Laws 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-1-111.)

20-1-113 Legitimacy of children presumed

The legitimacy of all children conceived or born during the marriage is rebuttably presumed pursuant to W.S. 14-2-504.

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage (Laws 1882, ch. 40, § 22; R.S. 1887, § 1588; R.S. 1899, § 3005; C.S. 1910, § 3941; C.S. 1920, § 5007; R.S. 1931, § 35-125; C.S. 1945, § 3-5923; W.S. 1957, § 20-67; Laws 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-2-117; W.S. 1977, § 20-2-117; Laws 2000, ch. 34, § 4; 2003, ch. 93, § 2.)