Divorce in Wyoming
.png?width=200&name=mother-and-kid-in-california%20(1).png "Divorce in California")
Top Resources for Divorce in Wyoming
Finances, Property and Support
One of the most stressful parts of divorce is deciding who gets what and determining who must pay off marital debt. Spouses must reach agreements on things like splitting assets and debts, either on their own or with outside help from a mediator, financial advisor or attorney.
Other Important Topics about Divorce in Wyoming
Just as every couple is different, so is every divorce. Some couples can use checklists and other free resources to DIY their divorce through the Wyoming court system, while others need more help.
Others, including couples with at least one spouse in the military or couples with complicated scenarios (substantial assets, debts, custody concerns, an uncooperative spouse), must follow additional rules.
Related Topics
Important Information About Divorce in Wyoming
What is the waiting period in Wyoming?
20 days
What is the do you need to be separated before filing for divorce? if so, how long? in Wyoming?
No
What is the property (e.g., separate property / equitable property) in Wyoming?
Equitable distribution.
What is the filing fee in Wyoming?
120
What is the joint petition possible? in Wyoming?
No
What is the how do you waive filing fee? in Wyoming?
Yes. https://www.courts.state.wy.us/wp-content/uploads/2017/10/MISCGA-9.-Order-on-Request-for-Waiver-of-Fees.doc
What is the annulment rules in Wyoming?
- Bigamy – one spouse has a living husband or wife at the time of marriage
- Incompetence – one spouse couldn't mentally understand what the marriage meant
- Incest – the spouses are related, closer than first cousins
- Underage – one spouse was under the legal age for marriage
- Force – one spouse was forced or threatened at the time of marriage
- Fraud – one spouse was lying about or hiding something essential at the time of marriage, and
- Impotence – one spouse can't have sexual intercourse.
What is the is there a faster way to divorce? (e.g., summary dissolution in ca) in Wyoming?
Uncontested is the fastest.
What is the what are the parties divorcing called? in Wyoming?
Plaintiff and Defendant
What is the methods of serving the petition (or equivalent) + can the respondent waive service? in Wyoming?
No waiver of service.
Once your case has been filed with the Clerk, a file-stamped copy of the paperwork must
be formally given to (a/k/a served on) the Defendant. The Defendant needs to be served with the
Complaint for Divorce and the Summons so the Court has proof that he or she received the
papers. A Sheriff must personally serve the Complaint for Divorce and the Summons on the
Defendant, unless the Defendant completes an Acknowledgment and Acceptance of Service
form. Other forms of service exist, but these are the two easiest methods that meet the
formal service requirement for a Complaint for Divorce. If you cannot serve the Defendant by either of these methods, ask the Clerk for additional forms for alternative methods of
service. These forms are also available in Pro Se Packet 10.
You MUST give the Defendant official notice that you have filed for divorce within 90
days from the date you filed the Complaint for Divorce.
What is the what are the residency requirements for divorce? in Wyoming?
One spouse must have resided in the state for 60+ days
What is the does it matter who files first? in Wyoming?
No
What is the what is the deadline for the response (or equivalent) in Wyoming?
20 days if in Wyoming, 30 if the spouse lives outside WY
What is the are the parties required to go to court? describe in Wyoming?
In some Courts, a hearing is required before the Judge will sign the Decree of Divorce. If this is the case, you will need to request a hearing by completing the Request for Setting. If you have reached an agreement, check the box that states that the parties have entered into a settlement agreement. Indicate how much time you will need for the hearing (usually 15 minutes if there is an agreement). You will file the Order Setting Hearing with the Clerk’s office, and the Court will fill in the hearing date and time and mail a copy to you and the Defendant.
What is the are there requirements before you can file or finalize your divorce (like classes, etc) in Wyoming?
If you have minor children, you might be ordered to take the Wyoming Parent Education And Family Stabilization Course (https://courseforparents.com/states/WY)
What is the is separation required before you can finalize your divorce? in Wyoming?
No
What is the no-fault state? in Wyoming?
Yes
What is the permanent alimony/spousal support? in Wyoming?
Yes - "spousal maintenance" (one type of alimony) can be permanent.
What is the alimony/spousal support rules in Wyoming?
In Wyoming the purpose of alimony is to provide a post-divorce substitute for the support provided to a spouse during the marriage. Alimony is most often provided for the support and maintenance of a former spouse who is unable to adequately provide for him or herself.
Unless otherwise stated in the divorce decree, spousal support ends when either party dies or when the person receiving the support remarries. The decree can set forth other terms for ending spousal support, too.
What is the child support rules in Wyoming?
The core of the Wyoming guidelines calculation is a lookup table of monthly basic obligations for a range of incomes and number of children. (Exhibit 2 shows an excerpt of table for one child.) The table functions much like a tax table and reflects economic data on the costs of raising children. Base support reflects how much would be spent on a child for that combined income of the parents— that is, the amount of income the parents would have if they lived together and combined financial resources.
https://childsupport.wyo.gov/wp-content/uploads/2022/02/Wyoming-Child-Support-Guidelines-Study-2021.pdf
What is the military divorce rules in Wyoming?
Those who are active duty in the military may have to include much more detail or many more specific scenarios in their custody arrangements or parenting plan.
What is the is there an official spousal support calculator? if yes, link in Wyoming?
No
What is the is there an official child support calculator? if yes, link in Wyoming?
https://childsupport.wyoming.gov/calculator/index.html
What is the when are you able to file taxes as a single person? in Wyoming?
If you complete your divorce on or before Dec. 31 (the final day of the tax year) then you cannot file a joint tax return. If the new year starts before your divorce becomes official, the IRS will still recognize you as married, and therefore allow you to file a joint return for the previous year.
What is the can parties legally separate? if so, how? in Wyoming?
Yes. If there are grounds for divorce, you can petition the court for judicial separation where you petition the court to live separately and independently from your spouse.
What is the where do you file for divorce? (e.g., resident county, etc.) in Wyoming?
Resident county
What is the what are the rules for filing in this place? in Wyoming?
To start your divorce case, you will need to file the following documents with the Clerk of the District Court’s office located in the county courthouse in the county where either you or your spouse resides:
A. Civil Cover Sheet
a. Follow the instructions that accompany this form for help completing it correctly;
B. Vital Statistics Form
a. Fill out all portions, EXCEPT the “Decree” section, which will be completed by the Clerk when your divorce is final;
C. Complaint for Divorce; and
D. Summons;
E. Pay the filing fee;
F. Take the original and two (2) copies of each document to the Clerk’s office.
a. The Clerk will give both copies back to you after file-stamping them.
b. You should keep one copy for your records.
c. The other set of documents will need to be served upon the Defendant.
What is the what are the primary documents generated for divorce called? in Wyoming?
- Civil Cover Sheet
2. Vital Statistics form
3. Complaint for Divorce
4. Summons
5. Acknowledgement and Acceptance of Service
6. Affidavit for Divorce Without Appearance of Parties
7. Decree of Divorce
What is the can you change your name during the divorce process? if so, how? in Wyoming?
Yes. Obtain a certified copy of the court order that stipulates the name change from the court that issued the change and specifically states in the order that Vital Statistics Services is to amend or issue a new birth certificate. Complete the Application For Correction Form.
https://health.wyo.gov/admin/vitalstatistics/corrections-and-court-order-changes/#:~:text=Filing%20a%20Court%20Ordered%20Name%20Change&text=Complete%20the%20Application%20For%20Correction,%2455%20fee%20to%20our%20office.
What is the can you finalize your divorce while pregnant? if yes, how? in Wyoming?
Probably not in most cases.
What is the if you can't divorce while pregnant, what are the rules to get a divorce after pregnancy? in Wyoming?
[If pregnant, consult an attorney.
Your divorce may not be able to be final until after the baby is born.
https://www.courts.state.wy.us/wp-content/uploads/2018/07/DNCP20-Decree-of-Divorce-2018.pdf
What is the info on ending domestic partnerships
(formerly "can you end a domestic partnership at the same time as divorce") in Wyoming?
Contact your county clerk for any required forms: https://wyoleg.gov/2013/Bills/HB0168.pdf
What is the are financial disclosures required? if so, explain in Wyoming?
Yes. Once the other side is served with the Complaint and Summons, you have 30 days to send him or her your Initial Disclosures. You will also have to fill out a Confidential Financial Affidavit, as will the other side.
What is the is there free legal help for divorce in this state? if so, where and how do you access? in Wyoming?
https://equaljustice.wy.gov/index.php/get-legal-help/self-help/family-law/divorce
What is the is there common law marriage? in Wyoming?
No.
https://equaljustice.wy.gov/index.php/get-legal-help/self-help/family-law/marriage/common-questions#:~:text=the%20wedding%20ceremony.-,Is%20there%20common%20law%20marriage%20in%20Wyoming%3F,%E2%80%9Cmarried%E2%80%9D%20under%20Wyoming%20law.
What is the e-filing? in Wyoming?
https://www.courts.state.wy.us/efiling/
What is the e-filing? in Wyoming?
Yes
What is the court required? in Wyoming?
Probably not in most cases.
What is the are you required to appear in court at any point in the divorce process? in Wyoming?
Be sure to ask about the rules in your county before filing your paperwork. If no hearing is required, you will need to include an "Affidavit for Divorce Without Appearance of Parties" form with the other papers. If your county does require a hearing, you'll need to include the appropriate forms to request that a hearing be scheduled ("Request for Setting" and "Order Setting Hearing").
