Everything to Know About Divorce in Wyoming
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
If you're considering divorce in Wyoming, understanding the legal requirements and procedures is essential. This guide provides a comprehensive overview to assist you through the process.
Prerequisites
Residency requirements
To file for divorce in Wyoming, at least one spouse must have resided in the state for a minimum of 60 days prior to filing. Alternatively, if the marriage occurred in Wyoming and one spouse has lived in the state since the marriage, the residency requirement is met.
Grounds for divorce
Wyoming recognizes both no-fault and fault-based grounds for divorce.
- No-fault: Irreconcilable differences leading to the breakdown of the marriage.
- Fault-based: Includes adultery, extreme cruelty, willful desertion, habitual drunkenness, and conviction of a felony.
Waiting period & separation requirement
There are no waiting or required separation periods before you can file for divorce.
How to file for divorce in Wyoming
- Determine the appropriate court: File in the District Court of the county where either spouse resides.
- Complete required forms: Complaint for Divorce, Summons, Confidential Financial Affidavit, Decree of Divorce, and Parenting Plan (if children are involved). Forms are available here.
- File the forms: Submit the completed forms to the court clerk and pay the filing fee.
- Serve the other party: Ensure the other spouse is formally served with the divorce papers.
- Attend court hearings: Participate in any required hearings or mediation sessions.
- Get your divorce decree.
Cost of divorce & filing fees
Filing fee: Approximately $70 to $120, depending on the county. Fee waivers are available for individuals who cannot afford the fees.
Other costs include legal help, expert services like mediation, form and filing services, and parenting needs.
Property, assets & debt division
Wyoming follows the principle of equitable distribution, meaning marital property and debts are divided fairly, though not always equally. Factors considered include the duration of the marriage, age and health of both parties, earning ability, and contributions to the marriage.
Spousal support (alimony)
Alimony may be awarded based on factors such as the duration of the marriage, age, and health of both parties, and each party's economic status. The court aims to ensure that neither party is unduly disadvantaged post-divorce.
“Spousal maintenance” is most often provided for the support and maintenance of a former spouse who cannot financially provide for themself or their children.
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. Read more about Wyoming’s alimony rules.
Child support & custody
Custody
Custody and parenting time are determined based on the best interests of the child, considering factors like the child's relationship with each parent, the child's adjustment to home and school, and the mental and physical health of all individuals involved.
Support
Calculated using the Wyoming Child Support Guidelines, which consider both parents' incomes and the needs of the child.
Military divorce
Military divorces follow the same procedures as civilian divorces, but must also comply with federal laws like the Servicemembers Civil Relief Act (SCRA), which can affect timelines and proceedings.
Legal separation and annulment
- Legal separation: Allows couples to live separately without ending the marriage.
- Annulment: Declares the marriage null and void, as if it never occurred, based on specific legal grounds. It is very difficult to get an annulment.
E-filing
Wyoming offers electronic filing through the Wyoming Supreme Court's e-filing system. Check with your local court for availability.
After divorce: steps to take
- Update personal records (e.g., Social Security, driver's license).
- Revise estate planning documents.
- Adjust insurance policies and beneficiaries.
- Implement the parenting plan and child support arrangements.
