This website is a resource for everyone who is interested in learning about a divorce in Wyoming. You can learn about the divorce laws and the divorce process. If you want to complete the divorce papers yourself, this site can be your guide.
You may be considering filing for divorce yourself. Perhaps you spouse told you that they want a divorce. Maybe you and your spouse decided to get an uncontested divorce. You will find this site is helpful in any of those situations.
Just keep in mind that the information on this site is not legal advice. Divorce is complicated. It can have significant financial consequences. And if you have children, your divorce will impact more people than just you and your spouse.
If your divorce is contested, or if you are fighting over custody, it is usually a good idea to get some legal advice from a family lawyer.
On this site, you will learn how to file for divorce in Wyoming. You will learn about the process it takes to get a divorce decree.
You will find information on Wyoming divorce laws, sources of Wyoming divorce papers, do-it-yourself divorce forms, and general divorce information. Finally, you can use this site to help you get a divorce without a lawyer.
Wyoming Divorce Law Primer
Wyoming divorce laws determine the following:
- Who can file for a divorce?
- Where to file
- The grounds for divorce
- Property division
- Alimony or spousal support
- Child custody, and
- Child support
Who Can File Divorce in Wyoming?
Before you go and file for divorce, you have to first make sure that you are eligible to file.
Residency requirements to file for divorce
You must reside in the State of Wyoming for sixty (60) days immediately prior to filing.
However, you don’t have to wait the sixty (60) days if:
- the marriage was solemnized in Wyoming, and
- you have resided in the state from the time of the marriage until the filing of the Complaint for Divorce.
Valid marriage required to file for divorce
To get a divorce, you must first have a valid marriage. This means that:
- there was some ceremony solemnizing the marriage before some official,
- the parties were not married to someone else at the time, and
- that there was not some legal impediment to the marriage.
You also cannot get a divorce if you and your partner have just been living together. This is because you cannot form a common law marriage in Wyoming.
Where Do You File for Divorce in Wyoming?
Wyoming statutes set out in which Wyoming court to file your divorce action.
The laws on jurisdiction state that you must file your divorce case in a district court. (As opposed to a county court or circuit court or municipal court).
The laws on venue are a little more flexible. However, most people file in the district court of the county in which they reside.
What are Legal Grounds for Divorce in Wyoming?
There are basically two grounds for divorce in Wyoming.
The first is irreconcilable differences in the marital relationship. You do not need a specific reason, because there is no fault ground, such as infidelity or abandonment.
The second is incurable insanity. This is a special divorce case when one of the parties is confined to a mental hospital.
How is Division of Property Determined in a Wyoming Divorce?
Wyoming courts divide marital property by equitable distribution. Equitable means just and fair, which is not necessarily equal.
The Court will take into consideration:
- the relative merits of the parties
- the condition in which each party is left by the divorce
- the party through whom the property was acquired, and
- the burdens imposed on the property for the benefit of either party and the children
The Court has wide discretion in fashioning a fair property division court order, which may include alimony.
When is Alimony or Spousal Support Awarded in Wyoming?
Wyoming courts do not favor alimony or spousal support, and they rarely award it.
It is awarded only when one spouse needs it, and the other spouse can pay it. Alimony is considered part of the property division process. Therefore, if one spouse needs it, then the Courts prefer to award more property to that spouse, instead of awarding alimony.
However, in some divorces, there is not enough property available to eliminate the need for spousal support. In such cases, the court may award alimony.
How is Child Custody Determined in Wyoming?
A Wyoming court bases its child custody determination on the best interests of the children.
Courts generally consider the following factors to determine custody of children:
- the quality of the relationship each parent’s with each child
- the ability of each parent to provide adequate care for each child during their period of responsibility
- the relative competency and fitness of each parent
- each parent’s willingness to accept care for each child and willingness to relinquish care to the other parent
- how each parent and child can best maintain and strengthen their relationship with each other
- how the parents and child interact and communicate with each other
- the ability and willingness of each parent to allow the other to provide care without intrusion
- geographic distance between the parents’ residences
- the current physical and mental ability of each parent to care for each child, and
- any other factor the court deems necessary and relevant
Legal custody of children
The Court will usually award joint legal custody to the parents. This means that each parent has equal access to school records, medical information, etc.
Courts very rarely award sole custody to just one parent.
Physical custody of the children
There are three types of physical custody: primary, shared and split.
Primary physical custody means that the children will spend more than 75% of the overnights with one of the parents.
Shared physical custody means that the children will spend a more equal number of overnights with each parent. This could be 50/50, 25/75, or anywhere in between.
Split custody means that one (or more) of the children will spend more time with one parent, and that one (or more) of the children will spend more time with the other parent.
How is Child Support Calculated in Wyoming?
Child support in Wyoming is based on the net incomes of the parents.
These net incomes are then plugged into a formula that is in Wyoming’s statutory child support guidelines. The formula then takes into account the number of children, and the number of overnights each child spends with each parent.
You can check out this formula in action on the Department of Family Services child support calculator.
The net incomes and the formula will calculate the presumptive child support amount. This amount is sometimes adjusted if one of the parents has an obligation for the support of other children.
Alternatives to Divorce in Wyoming
Legal separation is an option for people who do not want to get a divorce, but want to separate themselves legally and financially from their spouse.
Annulment is a process of separating the lives of people in an void, voidable or invalid marriage.
Wyoming Divorce Process Outline
Divorce proceedings in Wyoming generally follow the same process.
The Plaintiff files the Complaint for Divorce and pays the filing fee.
The Clerk of District Court issues the Summons. The Summons is served, or the Defendant accepts service.
There is a division of assets. If there are minor children, there are decisions on custody, visitation and child support. and the Judge must issue the Divorce Decree.
If the Parties are cooperative, then they file a marital settlement agreement. This is a document that contains all of the terms of the divorce.
Finally, the Judge issues the Divorce Decree.
The Complaint for Divorce
The Complaint for Divorce identifies the names of the Parties, state the jurisdictional requirements, and tells the Court what the Plaintiff wants.
In a case where there are minor children, the complaint must also set out additional information, such as the names and birth dates of the children, and who should have custody of the children.
Names of Parties
The Complaint must set out the full, legal name of the Parties. The Plaintiff is the person filing (or seeking) the divorce, and the Defendant is the other spouse.
It generally does not matter which spouse files first, but the Plaintiff will have to give their grounds for asking for the divorce at some point.
Jurisdictional Requirements
The Plaintiff must meet the jurisdictional requirements for filing a divorce in Wyoming, or the Court will not grant the divorce. These requirements are discussed below:
Residency requirement
The Plaintiff must be a resident of the State of Wyoming for more than sixty (60) days prior to the date of filing for divorce.
Residency for purposes of divorce begins when a person decides to make Wyoming their home. This can be the day a person moves to Wyoming, or sometime thereafter. For instance, a person may come to Wyoming for a visit or a job, and then makes a decision to stay in the state for an indefinite time.
Indications of intent to remain in the state are getting a Wyoming drivers license, registering vehicles in the state and registering to vote.
Grounds
Although Wyoming is generally considered a no fault divorce state, the Plaintiff must still state some grounds for the divorce. Some common grounds for divorce are:
- infidelity on the part of the other spouse,
- physical, mental or verbal abuse
- alcohol or drug abuse
- financial irresponsibility and/or non support
- incompatibility – as in one person wants to travel or relocate, and the other just wants to stay put
These grounds are what lead to Irreconcilable Differences, which is the symptom of the problems in the marriage. Some judges are real strict on the grounds requirement, others less so.
To view a short video on the jurisdictional requirements for a Wyoming divorce, click here.
Claim for Relief
The Complaint for Divorce must also state what the Plaintiff wants the Court to do. Generally, these are as follows:
- Grant a divorce
- Divide the marital property
- Restore the wife’s maiden name, if she is the Plaintiff
Plaintiffs can also ask the Court to award alimony, and for an order for the other side to pay attorney fees and costs.
Complaint for Divorce with Minor Children
Whenever a divorcing couple has minor children (under 18 years of age), the Complaint for Divorce must include additional information.
The names and dates of birth of the children must be stated.
In addition, the Plaintiff must state the jurisdictional requirements for the Court to make a child custody determination. Therefore, the complaint must state where, and with whom, the children have lived in the past five years, and whether or not there are any other custody proceedings concerning the children pending in any other court.
Finally, the complaint must ask the Court to make a custody determination, and issue orders for visitation and for child support.
The Summons
Once the Complaint for Divorce is filed in one of the District Courts, the Court will issue the Summons. The Plaintiff actually prepares by the Summons , but the Clerk of Court issues it.
The Summons notifies the Defendant that a Complaint for divorce was filed, and commands the Defendant to respond to the Complaint within a set period of time. It also informs the Defendant that if a response is not filed with the Court within a certain time, default will be taken against him or her.
DIY Divorce in Wyoming
The Wyoming Supreme Court created a set of Family Law Pro Se Forms . These contain sample forms for a Complaint for Divorce and a Summons. They also contain comprehensive instructions, and all other necessary divorce paperwork. They are available for free, and can be downloaded and printed.
By Steve Harton
Steve is a family law attorney with an office in Rock Springs. He offers full service representation in Sweetwater County. He also offers limited scope representation to people throughout the State of Wyoming. You can schedule a call with him online, at a time convenient for you.