How to File for Divorce in Wyoming

Divorce may be defined as a legal way of terminating a marriage. A divorce judgment will legally decide:

• The date your marriage ends;
• Who receives custody of the children and when the other parent sees them;
• Who pays child support and how much;
• Who will pay health insurance for the children;
• Who should pay past bills;
• How property (including retirement benefits and home) will be divided;
• Whether one spouse will pay spousal support (alimony) to the other; and
• It can also restore the wife’s maiden name if she chooses to do so.

Wyoming has a “no-fault” divorce, which means you do not need to provide a specific reason to obtain a divorce. The only reason you need this is that you and your spouse cannot get along, and you see no way of settling your problems. The law refers to this as “irreconcilable differences.” Wyoming law also states that one of the parties is “aggrieved” and that is generally the person who either requests the court for the divorce or is legally granted the divorce if both people ask for the divorce.

If you and your spouse agree on all the terms of the divorce, then you may be able to complete much of the divorce filing yourself. However, you may need further advice from a lawyer. If the two of you cannot concur, you will certainly need a lawyer. The forms for divorce are available on the Wyoming Supreme Court website in the Self-Help section.

You only need to fill out the forms that apply to your situation. If you decide to seek a lawyer, make sure you understand how much the lawyer charges and what they will do for you.

How Can I Initiate a Divorce in Wyoming?

If you have resided in Wyoming for at least 60 days you can file for divorce. You can file for divorce in the county where you live or the county where your spouse lives, if different. If you used to live here but moved away, you must live here again for at least 60 days before you can file here.

Moreover, if there are children in the marriage, the court can make custody decisions only if your children have lived in Wyoming for six (6) months or if it has emergency jurisdiction. Therefore, without an emergency, if you relocate to Wyoming with the children of the marriage, you may have to wait at least six (6) months before filing for divorce.

There are three things you need to do to begin a divorce:

• You must file certain forms with the Clerk of the District Court at the courthouse. One of these forms is called a Complaint for Divorce. This is what officially informs the court that you and your spouse seek a divorce;
• You must have certain, required documents, including the complaint, given specifically to your spouse. This is known as having the divorce papers “served on” your spouse. It is the official way of communicating to your spouse that you have begun the divorce process. It also provides some idea of what you want from the divorce but complaints for divorce are not detailed; and
• You must pay the required court fees to file a divorce complaint and pay any fee charged for serving your spouse. If you cannot afford these fees, you can request to be excused from paying them (called a fee waiver) but you need a good reason and you might not be excused.

Furthermore, filing fees depend on the county where you are filing. Most are around $70-$100. You will also have to pay any fee charged for serving your spouse. The District Court Clerk at your local courthouse can inform you what the fees are. You will need additional funds if you hire a lawyer to assist with your divorce.

What is the Duration of a Divorce in Wyoming?

In Wyoming, you have to wait at least 20 days after you file the papers for a divorce, but most take longer. The more items you and your spouse disagree about and need to manage, the longer it will take. Also, if you request temporary child custody or support, that can mean more hearings and more time until the divorce is final.

What is Mediation?

Mediation is when you and your spouse meet with a mediator (a person who might be a counselor, lawyer, or retired judge) in an attempt to agree on issues such as child custody, support, visitation, and property and debt division.

A judge may order you and your spouse to do mediation before coming to court or setting a divorce trial. If you are worried about mediation due to safety or other concerns, inform the court immediately. Although the judge may order you and your spouse to perform mediation, you are not mandated to reach an agreement at mediation.

What are the Residency Requirements and Grounds for Divorce in Wyoming?

A judge in district court can grant you a divorce in Wyoming if:

• You or your spouse lived in Wyoming for 60 days before filing for divorce; or
• You and your spouse were married in Wyoming and one of you has lived there from the time you were married until the date that you file for divorce.

Grounds are legally acceptable reasons for divorce. A judge can grant you a divorce for the following reasons:

• Irreconcilable differences between you and your spouse; or
• Incurable insanity if your spouse has been confined to a mental hospital for at least two years before you file for divorce. In cases of incurable insanity, your spouse will be given a guardian to help them through the court process and a county attorney to defend them in court. You will be responsible for paying the court fees, attorney’s fees, and guardian’s fees.

Can I Obtain Alimony?

Alimony (also referred to as maintenance) is financial support paid by, or to, your spouse and can be given when a divorce is granted. The judge has wide discretion about whether or not to grant alimony.

When deciding on alimony, a judge will evaluate several factors to make a fair decision, including the following:

• The ability of the spouse who is paying alimony to pay;
• The ability of the spouse who is paying alimony to earn money in the future;
• Child support responsibilities;
• Division of property; and
• Other financial matters.

Where Can I Find Additional Information About Divorce in Wyoming?

The Wyoming Judicial Branch provides court forms that you may need if you wish to get a divorce. A Wyoming divorce lawyer can provide frequently asked questions regarding divorce, including questions about the grounds for divorce in Wyoming, spousal support (alimony), and property distribution. Reach out to a lawyer if you have any questions about your family law proceeding under Wyoming divorce laws.

When Do I Need to Contact a Lawyer?

If you reside in Wyoming and are seeking a divorce, reach out to a Wyoming divorce attorney for any questions. Your attorney can provide you with legal advice, guidance, and representation for your specific case. Also, your lawyer can provide you with updates if there are any changes to Wyoming family law that might affect your claim.