Wyoming Divorce

If you are separating or getting a divorce in Wyoming, you need to be informed and prepared. On this page, you will find a divorce law summary so you understand what your rights are, the residency requirement to file, and more. You can also access the child support guidelines and calculator to help determine how much child support could be awarded in your case. You will be able to find divorce lawyers in your area 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 synopsis of Wyoming divorce laws is an interpretation by WomansDivorce.com of the Title 20 - Domestic Relations Statutes regarding issues related to the termination of marriage, child custody, and support. You can review the full text of statutes at the WY Legislative Service Office website. Unauthorized reproduction of this material is prohibited and violation of this notice will result in immediate legal action.

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.

WHAT ARE THE RESIDENCY REQUIREMENTS FOR DIVORCE? 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 on the same grounds as divorce. 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.

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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 the division of the marital estate. 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 the parents cannot mutually agree on the custody arrangements for their minor children, 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 it's 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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DIVORCE LAWYERS AND FIRMS

Need a Divorce Lawyer? Present your case on LegalMatch and respond only to attorneys who want to help you. You can post you legal issues with Legal Match and receive a reply from qualified attorneys who can handle your case. Legal Match is a good directory that empowers consumers to find and thoroughly evaluate the experience, rating, availability and fees of pre-screened lawyers before deciding who to contact. It's Free & Confidential.

DIVORCE FORM PREPARATION

Have all of your documents completed for you without a lawyer! This service helps you easily prepare your uncontested divorce papers online by walking you through a series of questions. The final papers are accurate and up-to-date for WY and you will receive detailed instruction on how to file your papers with the court system. You'll also be able to get free access to a large number of downloadable books (worth more than $750) that discuss all the issues that come up in a divorce. Plus, they offer "Real Person" customer support by phone & e-mail. Start your Wyoming divorce today.

QDRO DOCUMENTS

QDRO Preparation - This service by QdroDesk is for individuals and lawyers alike, offering the ability to prepare a Qualified Domestic Relations Order (QDRO) for the division of retirement accounts.

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 children and how parents can help their children adjust. The court often requires divorcing parents in Wyoming to attend this class.

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BACKGROUND CHECKS

DIVORCE SUPPORT GROUPS

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

You can also look up other local divorce groups in your area. In addition to finding local DivorceCare groups, there are also groups for adults, children, and those supporting survivors of domestic abuse.