Category Archives: Filing for Divorce

Uncontested Divorce with No Children – Part 3

This is Part 3 of the series on uncontested divorce in Wyoming with no kids. We are still using Packet No. 3 of the Wyoming Judicial Branch’s family law forms. We are now at the point where the Complaint and Summons are served on the Defendant.

Service of Process

A Defendant (your spouse) must be served with the Complaint and Summons. That is how the Court acquires jurisdiction over the Defendant. Without jurisdiction over a person, the Court cannot issue orders that affect that person.

Normally, service is done by the County Sheriff, or a process server. However, this is an uncontested divorce, so your spouse is going to accept service.

Acknowledgement and Acceptance of Service

Your spouse accepts service by signing an Acknowledgement and Acceptance of Service form. All this form does is tell the court that your spouse received a copy of the Complaint and Summons. It also informs them that they must file an answer withing a certain time.

This is DNCP 9 of Packet No. 3 of the pro se forms. Download and print the form, and fill it out as follows:

Caption – This contains the County and the District Number of the Court, you and your spouse’s names, and the docket number. You have filled this out in Parts 1 & 2 already. The only thing new is the Docket Number. Just copy this from the Complaint that the Clerk gave back to you.
Defendant’s Name – Just below the title of the document, there is a blank line. You enter your spouse’s full name there.
Date – Down below all the text is a place to enter a date. This is the date your spouse signs this document, and not the date you fill out the form. So do not fill in this date yet.
Defendant’s Signature – Next, you will see the line for your spouse’s signature, and more lines for phone number, and address. Have your spouse sign this in front of a Notary, and then fill in the rest of the information.
Notarization – at the bottom of the page is where the Notary fills out the information about when your spouse signed the document. This is why your spouse must wait to sign it in front of a Notary.

Once you have the Acceptance of Service signed and notarized, you can fill out the Certificate of Service.

Certificate of Service

A certificate of service tells the court that sent a copy of whatever you are filing to the other party. After the initial service of process, you will use this form often.

You fill out the certificate of service. On the first line, write in the date that you filed the acceptance of service with the Court. This is not the date on which your spouse signed the Acceptance, or the date you fill out the certificate. It is the date you file the Acceptance.

On the date you file, you must also mail, fax or hand deliver a copy the Acceptance to your spouse. So you check the appropriate box, indicating whether you mailed or faxed or hand delivered. If you faxed, then be sure to enter the fax number you faxed to.

Down below where it says “TO:,” you fill in your spouse’s name and mailing address. Then you sing and print your name at the place indicated.

Here is an example of a completed Acknowledgment and Acceptance and Certificate of Service form.

Copy and File the Acceptance of Service with the Court

Make two copies of the Acknowledgement and Acceptance form signed by your spouse and of the Certificate of Service signed by you. Take them to the Clerk of Court. They will file the original, file stamp the two copies and return them to you.

Mail, fax or hand deliver one of the copies to your spouse, and keep the other one for your records.

You are now done with service of process. The Court has jurisdiction over both of you, and you can then proceed to the next step.

By Steve Harton

Uncontested Divorce – Part 1

Uncontested Divorce – Part 2

Uncontested Divorce with No Children – Part 2

Filing the Complaint for Divorce and Obtaining a Summons

This is Part 2 of a series that will walk you through an uncontested divorce in Wyoming, if you have no minor children with your spouse. I will be explaining the use of the pro se forms provided by the Wyoming Supreme Court, which can be found here.

You will need to complete the civil cover sheet (form DNCP 5), a Vital Statistics Form (form DNCP 6), and a Summons (form DNCP 8).

In the body of the post, there will be links to completed examples of each of those forms.

Civil Cover Sheet

A civil Cover Sheet must be submitted with each new filing with the Court. The Court’s use this sheet to enter data about the litigants, and to keep statistics on the types and numbers of case that are filed.

The first part you complete is the Caption. In the area for the Plaintiff, there are three lines. Just write your full, legal name on the first line. On the second line, write your street address or PO Box, and on the third line write your City, State and ZIP code.

There is a line for the Defendant below. On this line, just write the full, legal name of your spouse.

In part II, Nature of the Suit, check the box next to “Divorce w/o Minor Children.” Do not check any other box.

In most cases, you can skip Parts III and IV. If you and your spouse are involved in related cases, such as stalking or family violence cases, you should contact a lawyer.

Finally, sign on the bottom line as the pro se litigant, and write the date. Remember to write out the month, and write the four digit year. Like this: August 9, 2010.

Here is an example of a completed Civil Cover Sheet.

Vital Statistics Form

The Vital Statistics Form must be submitted to the Court with each complaint for divorce. Once your divorce is completed, the court will send information about your divorce to the states where you were born and where you were married. These are the records about marriages and divorces that the churches used to (and some still) keep.

Applicant Section

The first part has the information about the applicant, which is you, the Plaintiff.

Box 1a. – Write you full, legal name. No abbreviations.

Box 1b. – If you are a woman, then write in your maiden last name. This is the last name you had, before your first marriage.

Box 2a – Write in the name of the place your reside. This is not necessarily the place of your mailing address. For instance, if you get your mail at a PO Box in Rock Springs, but you are living in your camper at Point of Rocks, then put Point of Rocks.

Box 2b. – This is the ZIP code of the place your reside, not necessarily your mailing ZIP.

Box 2c. – This is the county where you reside, and it should be in the same county where you are going to be filing your divorce. If you live in Bairoil, you are Sweetwater County. So, even though you have to drive through Rawlins (the county seat of Carbon County) you will have to file your divorce in Green River, the county seat of Sweetwater County.

Box 2d. – Write in Wyoming, because if you do not reside in Wyoming, you will not be able to file for divorce in Wyoming.

Box 3. – Write in the State you were born in. No need to write in the town. If you were born in the state of Chihuahua, in Mexico, then you would write the country name of Mexico.

Box 4. – Write in your date of birth. Remember to write out the name of the month, and use a four digit year. For instance, October 11, 2012, instead of 10/11/12.

Spouse section

This part has to do with your spouse, which is the Defendant.

All the information has to be entered the same way as for you, the Plaintiff. However, the Defendant does not need to be a resident of the same county as you, or even a resident of Wyoming.

Marriage section

This part collects the information about the marriage.

Boxes 9a, b. and c. – Enter the name of the city where you were married. This is the place where the marriage ceremony took place, not where you got your marriage license.

If you were married on the shore of Jenny Lake, then you would write Jenny Lake, near Moose, and then Teton in the County box, and Wyoming in the State box.

Box 10 – Write in the date of the marriage. This is not the date of the marriage license, but the date that the ceremony was performed.

Box 11 – Write in the date you and your spouse separated. This is the same date you entered in Line 3 of your Complaint for Divorce. If you are still living together, then write the date that you are filling out the paperwork.

Box 12 – This box wants the number of kids conceived by this couple. Since this series of posts is about an uncontested divorce with no kids, you should be checking the “None” box.

Attorney Section

Box 14a. – If you are doing the paperwork yourself, then you check the “Pro se” box. If you have an attorney, then your attorney would be doing all this anyway, and they would write in their name, etc.

Box 14b. – This is the attorney’s address, not yours. Leave it blank.

That’s it. Do not write in any of the other areas, they are for the Clerk of Court.

Here is an example of a completed Vital Statistics Form.

The Summons

The Clerk issues the Summons, (but you have to fill it out first). This is the document that actually requires the Defendant to participate in the divorce proceeding.

The first part is the caption, and you fill it out just like you did the Complaint for Divorce. Enter the County and Judicial District where you will be filing.Then you enter the names of the Parties, and leave the case number blank. This first part should be identical to the caption in the Complaint.

Defendant information

In this section, you will enter the Defendant’s full, legal name. For the home address, enter the place where they live, not a PO Box. Be sure to include the city, State and ZIP.

Defendant’s phone number (if you know it). This is used by the process server to locate the Defendant.

If you know where the Defendant works, enter the employer’s name and address. This also helps the process server, if the papers have to be served.

Leave the date blank. The Clerk of Court will fill that in when you file the papers.

Leave the Clerk of Court information blank too.

Plaintiff’s Name section

This is you. Enter your name, address and phone number on the lines indicated.

Here is an example of a Completed Summons, before filing it with the Clerk.

Make Copies

You have to make copies of all these documents before you go to the courthouse.

You should make two copies of the Complaint. The original will stay with the Court. One of the copies is for you, the second copy is for the Defendant.

Make three copies of the Summons. The Clerk will fill out their part on the original and the copies. They will keep one copy, the original and the other two copies will be returned to you. One of the copies is for you, the other is for the Defendant. The original will be returned to the Court after the Defendant is served.

Make one copy of the Civil Cover Sheet. The Court will keep the original, and the copy is for you. The Defendant does not need to be given a copy of the cover sheet.

You should also make one copy of the Vital Statistics Form for your records. You need to submit the original to the Court when you file the Complaint.

Paperclip the originals and their copies together. It makes it easier for the Clerks to process your paperwork. They will appreciate it.

Cash for the Filing Fee

The Clerk will not accept checks for the filing fee, so take cash. The filing fee is $70,00 as of the date of this post.

File with the Clerk of Court

After you have completed all the forms, made the copies, and collected your cash, take it all to the District Court. There is usually security at each Courthouse, so just ask them where you go to file a divorce.

Once you get to the Clerk’s counter, hand them your stack of papers. They will then file them, enter the case into the system and accept the filing fee. When they are done, they will return most of the papers to you.

You will then be ready for the next step, which is serving the Defendant.

By Steve Harton

See Part 1 of this series

Uncontested Divorce with No Children – Part 1

The Complaint for Divorce

By Steve Harton

This is Part 1 of a series that will walk you through an uncontested divorce in Wyoming, if you have no minor children with your spouse. I will be explaining the use of the pro se forms provided by the Wyoming Supreme Court, which can be found here. You will need form DNCP 7. At the end of the post, there is a link to an example of a completed complaint.

The complaint for divorce is the document that starts the divorce process. It identifies the court, contains the names of the Parties, states the facts that give the Court jurisdiction to hear the case, and requests the Court to grant to the Plaintiff the things he or she wants.

Court Identification

County – Divorces are handled in District Court, and there is a District Court in each county in Wyoming. Therefore, you will file in the County in which you reside, so you fill in your county name in the place provided.

District – Each county belongs to one of nine judicial districts. You can find out which district your county is in on this page. Enter the number of your district at the place indicated.

Names of Parties

The Plaintiff is you, the person filing for the divorce. Please enter your full, legal name here, as it appears on your birth certificate. Do not write Matt, if your name is Matthew. If you are a Junior, then be sure to indicate that as well.

The Defendant is your wife or husband. Again, enter their full, legal name.

Case Number

Leave the Civil Action Case Number space blank. The Clerk of Court will assign this number when you file the Complaint, and they will write it on the form for you.

The Body of the Complaint

Residency

In Paragraph 1, you will write in the name of the County that you reside in. The paragraph also states that you have lived in the State of Wyoming for more than sixty days prior to filing the Complaint. This is a jurisdictional requirement, and if this is not true, then the Court will dismiss the case.

The only exception to this is if you were married in Wyoming less than sixty days ago, and you have lived here ever since. If that is the case, then check the Yes box. If not, then check No. If you have lived here for more than sixty days, then do not check either box.

Date and Place of Marriage

Enter the date and place of marriage. Whenever you are writing a date, it is a good idea to write out, or abbreviate the name of, the month, and write the full year. Therefore, you should write “Oct. 11, 2012” instead of 10/11/12.

You must enter the city, the county, and state of marriage. This is not the city where you got your marriage license, but the city or town where the ceremony took place. If you got married outside of the city limits, enter the name of the nearest city or down. If you don’t know which county you were married in, just do an online search and the Wikipedia entry will list it.

Separation Date

Enter the date that you and your spouse last lived together. This is usually the date when you or the other moved out of the home you shared. If you are still living together, then enter the date that you are filing the Complaint with the Court.

Is Wife Pregnant?

You have to indicate whether or not the wife is pregnant. If no, then check that box, and you are good to go.

However, if the wife is pregnant, you will almost certainly have to wait until after the baby is born before the divorce is granted. The reason for this is that if the parent are in dispute as to whether or not the husband is the father, then genetic testing will have to be done. Such tests are usually done after the baby is born. Even if there is no dispute that the husband is the father, the decree needs to identify the child by name and birth date, so that custody and support can be ordered.

If both parties are sure that the husband is not the father, then the divorce could be granted, but the decree must contain specific and special language to indicate that fact.

As the form says though, if the wife is pregnant, you should really consult with an attorney.

Alimony

In paragraph 8, you must indicate whether or not the husband or wife should be awarded alimony, or if neither person should be awarded alimony.

In Wyoming, alimony is rarely awarded. The courts prefer to make an adjustment in property division instead. However, alimony is sometimes awarded in long term marriages, where (usually) the wife stayed home, put her education and/or career aside, and raised the kids and supported the other spouse’s career.

Signature

When you are done filling out the Complaint, you must date the document. Notice how the form is in the format of day, month years. So for October 11, 2012, you would write the 11th day of October, 2012.

You must also sign your name, print your name, your address and phone number. Be sure to put down a good address, because all notices from the Court will be mailed to that address. If the address is no good, or you don’t always get your mail at that address, you might miss an important event or an important pleading. Unfortunately, the Court will assume that you received whatever was mailed to the address that you listed.

So that is it. The Complaint for Divorce is completed! The next step is filing it with the Court.

To view a filled in Complaint for Divorce, click here.

Go to Part 2

What to do before filing for divorce in Wyoming

The four things you should do before filing for a divorce in Wyoming are:

Copy your financial records
Make a video record of your possessions
Get some legal advice
Put away some money for yourself

I gave a little more advice about all of these things in this video that I posted on YouTube.

Do you have any other ideas on things to do before a divorce? Post them in the comments below, to help out the other readers!

Thanks,

by Steve Harton

DIY Divorce

by Steve Harton

DIY Divorce in Wyoming is suitable for people who want to do an uncontested divorce without the help of a lawyer. You can save time and lots of money when you do your divorce without a lawyer. The process is not complicated, but it is still not easy.

What is an uncontested divorce?

Before starting your DIY divorce in Wyoming, you should make sure that you really do have an uncontested divorce. Ask yourself the following questions:

•   Do you and your spouse both want the divorce?
•   Have you and spouse agreed on who should be awarded the divorce, that is who “gets” the divorce from the other?
•   Have you agreed on who is going to pay for the filing fee?
•   Have you decided who is going to fill out the paperwork, and file it with the Court?
•   Have you already split up your money?
•   Have you divided your things, like cars, furniture, etc.?
•   Have you either paid off, or refinanced, all of your joint debt, so that you do not have any joint obligations such as mortgages, car loans, or credit cards?
•   If you have children together, are they all adults?

If you answered yes to all (or nearly all) of those questions, then you should be able to pull off a DIY divorce. If you answered no to some of them, then you should seriously consider hiring a Wyoming divorce lawyer. You could still try to do the divorce yourself, but you are much more likely to make a mistake that could cost you more time, and much more money, than hiring a lawyer.

Tools to help you get a divorce without a lawyer

Once you have decided to try to do your own divorce, there are a number of tools that can help you through the process. You can read about divorce so that you can understand the process. You can use divorce forms provided by the Courts, or you can purchase forms from various companies on the internet.

Books on Divorce

There are dozens of books on divorce, but many of them focus on how to deal with the aftermath of this life changing event. In order to prepare you for a DIY divorce, you should probably read at least one of the following books:

Nolo's Essential Guide to Divorce – This book will give you a pretty comprehensive overview of the entire divorce process in simple to understand language. If you are not sure you are ready for a DIY divorce, this book will show you some of the other alternatives as well. So even if you decide not to go it alone, you will be more knowledgeable, and better prepared, if you go looking for a divorce lawyer.

Divorce for Dummies – This book also covers the entire divorce process, but is not really focused on trying to do it yourself. However, if you have read, and liked, books from the “for Dummies” series, then you should definitely consider it.

Free Divorce Forms from the Courts

Many states, including Wyoming, have recognized the need to provide some assistance to people who want to get a DIY divorce. There are lots of people who need a divorce, but simply cannot afford to hire a lawyer. There are also lots of people who like to get a divorce without a lawyer, because they feel like to save the money they would spend on an attorney.

You can buy a set of DIY Divorce forms at the Clerk of District Court for $15.00. In addition, you can access the forms, and the instructions, on line. These forms are very comprehensive, and cover every conceivable situation that could arise for every person seeking a divorce in Wyoming. Unfortunately, their comprehensiveness is also their weakness.

The free forms and instructions come as a stack of paper over an inch thick. This overwhelms many people, and they give up before even trying. Furthermore, these forms do not come with any “customer service.” The Clerks are prohibited from helping you complete the forms, and there are few people, other than Wyoming divorce lawyers, who can show you how to fill out divorce papers properly.

Nonetheless, if you are patient, and if you are willing to read, and re-read, the instructions carefully, then you should be able to complete a simple divorce using the court forms.

Online Divorce Papers

There are several companies that provide online divorce papers. The primary benefit of using the forms provided by these companies is that, unlike the free forms provided by the Courts, they come with some level of customer service. Furthermore, you can buy forms tailored to your specific situation, as opposed to receiving a big bundle of divorce papers that cover the needs of all people who might wish to use them.

Here is a list of some online divorce form providers:

Nolo sells an Online Divorce kit. This is provided to Nolo by LegalZoom. However, if you know and trust the Nolo brand, then you should consider purchasing through them. This package will show you how to divide your property, handle issues concerning children, and to finalize your divorce.

Legal Zoom – With a tagline of End your marriage quickly and amicably – without a pricey attorney, its no wonder that Legal Zoom has delivered thousands of forms already.

US Legal forms

Rocket Lawyer

Additional resources for people who would like a DIY Divorce

You can also purchase programs that lead you through the many steps, and that generate the forms from information that you enter through your computer.

Finally, there are attorneys that provide what are called “unbundled legal services,” where they will review the forms that you prepare, and can also coach you through the proceeding.

Is DIY Divorce for you?

As you see, there are a number of resources available to help your if you would like to do your divorce without a lawyer. Reading a book about divorce would be helpful, even if you end up hiring a lawyer. However, if you are serious about do it yourself divorce, you should download the free divorce forms from the Wyoming Supreme Court (or buy them from the Clerk). Those forms (and their instructions) will still be very helpful, even if you decide to buy online divorce papers, or if you decide to hire a Wyoming divorce lawyer.

By Steve Harton

Filing for Divorce in Wyoming

Filing for divorce in Wyoming is relatively easy, especially if no minor children are involved, and you may be able to do it yourself. However, if you and your spouse have minor children, then you should seriously consider hiring a Wyoming divorce lawyer.

You need to draft a Complaint for Divorce, and complete a Civil Cover Sheet and a Vital Statistics Form, and you will also need to prepare a Summons for the Clerk of Court. You will then take these documents to the Clerk of District Court, along with the filing fee of $70.00, and your divorce will be filed, and a Summons will be issued.

Complaint for Divorce

The Complaint for Divorce sets out the names of the parties, states the jurisdictional facts, and requests the court to grant the divorce, divide the parties’ property, and sometimes to restore the wife’s maiden name. It is a simple document, and does not need to list the Parties’ property or debts. Here is an example of a Complaint for Divorce with No Children .

Civil Cover Sheet

The civil cover sheet is a form that must be filed with the initial divorce papers. You write in the names of the parties, the address of the Plaintiff, and you check whether or not this is a divorce with children or divorce without children, and then sign and date it. This is an example of a Civil Cover Sheet .

Vital Statistics Form

The Vital Statistics Form collects the information used by the office of Vital Statistics to track divorce information and to share it with similar offices in other states. Here is a sample Vital Statistics Form for a divorce with no children.

When completing this form, be sure to print clearly. In addition, be sure to write out dates completely, such July 4, 2011, and not 7/4/11.

Summons

Once you submit all these documents to the Clerk of District Court, along with your filing fee of $70.00, the Clerk will issue the Summons. The Summons informs the Defendant that a Complaint was filed against them. It also notifies the Defendant that he or she has twenty (20) days to file an answer to the Complaint, or thirty (30) days to answer, if they are served outside the State of Wyoming. Finally, the Summons also notifies the Defendant that if they do not file an answer within the twenty (or thirty) days, then default may be taken against them. This is an example of a sample Summons.

What else is needed to file for a divorce in Wyoming? Well no other documents are necessary. However, you should always make two copies (in addition to the original) of anything you file with the Court. The original is filed, and one copy is served on the other party, and one copy should be kept for your own records.

In addition, if you are filing a divorce with minor children, then you will, in addition to the documents listed above, need to file a redacted copy of the Complaint for divorce. A redacted copy contains only the initials and years of birth of the minor children. Finally, you must pay the filing fee, which is $70.00. Once you have your copies of the Complaint for Divorce, and the Summons, you can hire a process server to serve the documents on you spouse. This can be a sheriff’s deputy, or a private process server, and the service of process charge in Wyoming is usually around $35.00.