Wyoming Child Marriage Bill: Minimum Age, Consent, and Licensing

The legal marriage age in Wyoming is 18. A 16 or 17-year-old can still marry, but only with a parent’s consent and a judge’s approval, or by being legally emancipated first. No one under 16 can marry in Wyoming under any circumstances.¹

No Marriage Under 16

Wyoming sets 16 as an absolute floor. Any marriage involving someone younger has no legal effect from the moment it occurs. It is automatically void, meaning no court action is needed to undo it. No parent, judge, or clergy member has the authority to approve it, and an officiant who knowingly performs the ceremony violates the law.¹

This floor took effect on February 23, 2023, when House Bill 7 raised the default marriage age to 18 and eliminated the earlier framework that had allowed younger children to marry with permission.

Marrying at 16 or 17

For 16 and 17-year-olds, marriage is “prohibited and voidable” unless two things happen: a parent gives consent, and a judge signs an order authorizing the license.¹

Parental Consent

Only one parent, guardian, or person with legal custody needs to consent. If that person appears at the county clerk’s office in person, verbal consent is enough. If they can’t appear, the consent must be in writing, and at least one witness must testify to its authenticity. The signature on a written affidavit typically needs to be notarized, and county clerk offices provide blank consent forms. Without verified consent on file, the clerk must refuse the application.¹²

Judicial Approval

Parental consent alone isn’t enough. The parents or guardians must then apply to a judge of a court of record in the county where the minor lives. The judge decides whether the marriage is “advisable” and, if so, enters an order directing the county clerk to issue the license.³

The statute doesn’t give the judge a fixed checklist. The court can require affidavits or other evidence about the competency of the parties or “any other facts necessitating or making the order advisable.” In practice, that leaves room for the judge to look at the minor’s maturity, the circumstances behind the marriage, and whether the union could harm the minor’s welfare or future opportunities. If the judge is not persuaded, the application dies there. The marriage statutes do not spell out an appeal process.³

Once signed, a certified copy of the order goes to the county clerk, who issues the license and notes the judicial authorization on it.

The Emancipation Alternative

Wyoming law lets a 16 or 17-year-old skip both parental consent and judicial approval if they have been legally emancipated or otherwise have the right to contract.¹

Two paths qualify:

Formal emancipation. A minor who is at least 17 can petition a district court for a decree of emancipation. The court looks at whether the minor lives apart from parents, manages their own finances, and is mature enough to handle their own affairs. A decree lifts the usual restrictions on entering a marriage contract.⁴
Right to contract. A minor who is at least 16, living apart from parents with their consent or acquiescence, is homeless, and manages their own finances can submit a notarized affidavit witnessed by two adults (such as an attorney, health care provider, clergy member, or school administrator) to gain the capacity to enter binding contracts, including marriage.⁵

Few 16-year-olds will meet all the right-to-contract criteria. Because the emancipation path is limited to those 17 and older, that narrow provision is the only realistic route for a 16-year-old to marry without going through parental consent and the courts.

What Happens If a Minor Marries Without Approval

The difference between “void” and “voidable” matters here. A marriage where either party was under 16 never legally existed. A marriage where a 16 or 17-year-old went through a ceremony without judicial consent is voidable: it remains legally valid unless someone successfully challenges it in court.⁶

Either party can petition for annulment if the couple separated during the minor’s nonage and did not live together afterward, or if consent was obtained through force or fraud and no voluntary cohabitation followed. A parent or guardian can file on the minor’s behalf.⁶

Two important limits. A party who was already 18 or older at the time of the marriage cannot seek annulment on the ground that the other party was underage. And if both parties keep living together as spouses after the minor turns 18, the marriage is effectively ratified and can no longer be annulled on age grounds.⁶

Getting the License

One of the parties must appear in person at the county clerk’s office. The clerk verifies names, ages, residences, and whether any legal impediment exists. Both applicants need photo identification, such as a driver’s license or passport, and their Social Security numbers if they have valid ones. The license fee is $30 across Wyoming counties.²

For a minor, the clerk also needs the parental consent documentation and a certified copy of the judge’s authorization order before issuing the license. There is no mandatory waiting period in Wyoming between getting the license and holding the ceremony. The license is valid for one year; if the couple doesn’t solemnize the marriage in that window, they have to reapply and pay the fee again.²

1
Justia. Wyoming Code 20-1-102 – Minimum Marriageable Age; Exception; Parental Consent
2
Wyoming State Legislature. Wyoming Code 20-1-103 – License Required
3
Justia. Wyoming Code 20-1-105 – Judge May Order License Issued
4
Wyoming State Legislature. Wyoming Code 14-1-203 – Application for Emancipation Decree
5
Wyoming State Legislature. Wyoming Code 14-1-102 – Right to Contract
6
Wyoming State Legislature. Wyoming Code 20-2-101 – Void and Voidable Marriages Defined; Annulments