Wyoming Sex Laws

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Last update:   9/7/2014

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* This Document is Current Through the 2014 Budget Session of the Legislature *

Title 20  Domestic Relations

Chapter 1  Husband and Wife

Article 1.  Creation of Marriage

Wyo. Stat. § 20-1-101  (2014)

§ 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.

HISTORY: 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.

NOTES:

 LexisNexis 50 State Surveys, Legislation & Regulations

Wyoming Statutes - Title 20. Domestic relations - Chapter 1. Husband and wife - Article 1. Creation of marriage

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.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

N.B. 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.

   Common Law Marriage

Various provisions of marriage statute constitute complete code on form and requisites of marriage, and hence there is no room for the contention that statutory provisions in contravention of common law must be strictly construed. In re Roberts' Estate, 58 Wyo. 438, 133 P.2d 492, 1943 Wyo. LEXIS 58 (Wyo. 1943).

Common-law marriages invalid. --

Common-law marriages entered into in Wyoming are not valid. In re Reeves' Estate, 58 Wyo. 432, 133 P.2d 503, 1943 Wyo. LEXIS 59 (Wyo. 1943).

Neither marriage statutes nor public policy would justify supreme court in holding that common-law marriages are valid and such "marriage" does not give to an alleged common-law widow share in the deceased's estate. In re Roberts' Estate, 58 Wyo. 438, 133 P.2d 492, 1943 Wyo. LEXIS 58 (Wyo. 1943).

Jurisdiction over same-sex divorce action. --

District court had subject-matter jurisdiction pursuant to Wyo. Const. art. 5, §§ 1, 10 and Wyo. Stat. Ann. § 20-2-104 over a divorce action involving a same-sex couple legally married in Canada. Recognizing the marriage under Wyo. Stat. Ann. § 20-1-111 for this limited purpose was not inconsistent with the definition of marriage in this section. Christiansen v. Christiansen, 2011 WY 90, 253 P.3d 153, 2011 Wyo. LEXIS 93, 76 A.L.R.6th 703 (Wyo. 2011).

Stated in

Combs v. Sherry-Combs, 865 P.2d 50, 1993 Wyo. LEXIS 180 (Wyo. 1993).

You can’t get married if you are gay or lesbian, but you damn sure can get divorced.