Wyoming Divorce

Most people facing a separation or divorce in Wyoming don't know what to expect or where to turn for help. But you need to be informed and prepared both before and during the process. On this page, you will find a divorce law summary so you can understand your rights when getting divorced, learn about the residency requirement to file, and more.

There is also a child support calculation form based on the statutory guidelines which will give you an estimation of the possible child support. You will be able to find nearby divorce professionals to help with your case, or you can access separation and divorce forms if you want to file the papers yourself. There are also domestic violence resources and divorce support groups to help you get the support you need.

Copyright Notice: The following information is an interpretation of the relevant Wyoming divorce laws by WomansDivorce.com. Unauthorized reproduction is prohibited.

You can review the full text of the Domestic Relations Wyoming Statutes - Annotated under Title 20.

WYOMING DIVORCE LAW SUMMARY

Court Information: The district court of the county in which either party resides will have jurisdiction over divorce, separation, and annulment proceeding. It's important to note that a divorce may not be granted until at least 20 have passed after the complaint for divorce is filed.

Annulment in Wyoming: A marriage may be annulled in Wyoming if the marriage is found to be either void or voidable. A marriage is considered void if:

  • The marriage was contracted while either party was legally married to someone else;
  • Either party was mentally incompetent when the marriage occurred;
  • The individuals are closely related to each other, such as child and parent, grandchild and grandparent, sister and brother of half or whole blood, niece and uncle, nephew and aunt, or first cousins, whether either party is illegitimate.

A marriage may be considered voidable if:

  • Either spouse was younger than 16 and didn't receive the consent of a judge to marry. The couple must not have freely cohabited as man and wife after the marriage ceremony; or
  • The consent to marry was obtained due to fraud or force and the couple did not voluntary cohabitate after the marriage ceremony.

An annulment may include provisions for the custody, visitation, and support of minor children of the marriage and for the division of property acquired during the marriage.

Residency: To be eligible to file for a separation or divorce in WY, the person who files the divorce petition (the plaintiff) needs to have lived in the state for at least 60 days before filing. The plaintiff's spouse doesn't have to live in the state for a divorce to be filed.

Legal Separation: A spouse may file for a legal separation based on the irreconcilable differences or incurable insanity as defined below. The court may address such issues as child custody and support, alimony, division of assets and debts, and related matters. The separation may be subject to a time limit or rendered perpetual by the court.

Legal Grounds for Divorce: In Wyoming, a divorce may be granted on the grounds of irreconcilable differences in the marital relationship or for the incurable insanity of either party in which the insane party has been confined to a mental institution for at least 2 years before the divorce petition is filed.

Wyoming Alimony or Spousal Support: The court may order either spouse to pay a reasonable amount of alimony. The court has discretion in whether to order alimony on a temporary or permanent basis, and may revise and alter the decree respecting the amount of the alimony at a later date due to a petition by either party.

Property Distribution: All property owned before the marriage is considered separate property and not subject to division in a divorce or separation. Property which was acquired in good faith from any person by descent or inheritance is also considered separate property.

The court encourages spouses to reach an agreement on dividing everything from the marriage. If a mutual agreement can't be reached, the court will divide the marital assets and debts in a just and equitable fashion, taking into consideration the respective merits of the spouses, the effect the divorce will have on each spouse's financial condition, how and when the property and assets were acquired, and whether the property was utilized for the benefit of the minor children and either spouse.

Child Custody: In custody situations, the court may require parents to attend education parenting classes aimed at helping the parents lessen the impact of divorce on their children.

If a mutual agreement can't be reached between the parents regarding custody, the court will award custody in such a way as to uphold the best interest of the children. In making the custody arrangements, the court may include any combination of joint, shared or sole custody, without preference being given to either parent based on gender. When considering the custody arrangements, the court will make its determination based on, but not restricted to, these factors:

  • The relative parenting capabilities of each parent;
  • Each parent's physical and mental ability to care for each child;
  • The child's relationship with each parent and the quality of that relationship;
  • The interaction and communication between the child and each parent and how this may be improved;
  • Each parent's ability to adequately care for each child, as well as their ability to arrange for child-care as needed;
  • How the parents and each child can best maintain and strengthen a relationship with each other;
  • Each parent's tendency to undertake all parenting responsibilities, including their willingness to care for each child during their parenting time and to relinquish this care to the other parent at specified times;
  • Whether each parent is willing and able to allow the other parent to care for the child with interference, respecting the other parent's rights and responsibilities, as well as their right to privacy;
  • The distance between the parents' residences;
  • Any other factors the court deems necessary and relevant.

The evidence of child abuse or spousal abuse is generally not considered to be in the best interest of the children, and the court may order visitation is such a way to best protect the abused spouse and the children from further harm.

Child Support: Child support may be ordered in cases of annulment, separation, or divorce if there are minor children of the marriage. The State of Wyoming has established child support tables to determine the amount of child support to be paid. The combined income of both parents is used to establish the base level of child support, which is then divided between the parents in proportion to the net income of each. The non-custodial parent's portion of the joint child support obligation is to be paid to the other parent through the clerk of court.

In situations where there is shared physical custody or if each parent has physical custody of at least one child, the state establishes the proportional amount of child support that each parent would theoretically owe. The parent who owes the larger amount shall pay the difference between the two amounts to the other parent. In these situations, it is best to consult with a lawyer to establish the level of child support that would be ordered.

Child support will end if the parents get married to each other or remarry each other after a divorce or annulment, the child dies, the child becomes legally emancipated, or attains the legal age of majority.

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Retirement Accounts

Create Your QDRO Online - You can conveniently prepare you own QDRO and related paperwork from you own home using the online QdroDesk™ service. Your customized documents will have the appropriate settlement agreement language for court approval and plan administrator submission. This is the ideal solution for QDRO preparation.



Divorce and Parenting Services

Dispute Solutions: Education for Families in Transition

This is an educational seminar for separating and divorcing parents in Wyoming who have minor children. Parents can learn co-parenting skills to help keep their children out of the middle of their disputes. There are discussions about the impact of divorce on kids and what parents can do help their children's adjustment. The court often requires divorcing parents in Wyoming to attend this class. If you are required to complete a co-parent education class, contact your county clerk for available services.



Divorce Support Groups

Fresh Beginnings Divorce Support Group
Cheyenne, WY
Call the Rev. J.D. Megason
632-9389

You can also find other support groups in your surrounding area. Not only can you find local Divorce Care groups, there are also various groups to help children cope with divorce, and more.



Domestic Abuse References

WY Coalition Against Domestic Violence & Sexual Assault