When a marriage ends in Wyoming, the legal process is governed by Wyoming divorce law. Whether you are just beginning to explore your options or have already decided to move forward, understanding how the state handles everything from property to children is vital. Wyoming is known for having a relatively straightforward legal system, but there are still many deadlines and requirements that you must follow to protect your future.
In Wyoming, divorce is legally referred to as a "dissolution of marriage." This process formally ends the legal relationship between two people and settles important issues such as who gets the house, how the bank accounts are split, and how the children will be raised. This guide will walk you through the entire process in plain language.
What Are the Residency Requirements for Wyoming Divorce Law?
Before you can file for divorce in a Wyoming court, you must prove that the state has the power to hear your case. This is called "jurisdiction."
How long must you live in the state before filing?
According to Wyoming divorce law, you or your spouse must have lived in Wyoming for at least 60 days before filingfor divorce. If you have not been in the state for 60 days yet, you have to wait until you hit that mark. There is one exception: if you were married in Wyoming and one of you has lived in the state from the time of the wedding until the day you file, the 60-day rule might not apply.
What are the Legal Grounds for Divorce in Wyoming?
Wyoming is primarily a "no-fault" state. This means the court does not need you to prove that one person did something "evil" to end the marriage.
What is a no-fault divorce?
The most common reason given in a divorce in Wyoming is "irreconcilable differences." This basically means the couple no longer gets along, the marriage is broken beyond repair, and there is no chance of getting back together. You do not need to show evidence of cheating or lying to get a divorce under this ground.
Are there other reasons allowed?
The only other ground allowed under Wyoming divorce law is "incurable insanity." To use this, your spouse must have been confined to a mental hospital for at least two years before you file. This is a very rare and complex process, and the person filing typically must retain a guardian and a lawyer to defend the ill spouse.
The Difference Between Contested and Uncontested Divorce
How long your case takes and how much it costs usually depend on whether you and your spouse agree on the rules.
What is an uncontested divorce?
An uncontested divorce happens when both spouses agree on every single detail. This includes how to split the money, who gets the vehicles, and how to handle the kids. Because there are no arguments for a judge to solve, these cases move much faster. You simply file your paperwork, wait the mandatory time, and the judge signs the final decree.
What happens in a contested divorce?
A contested divorce occurs when the spouses disagree on one or more issues. Common fights involve:
- Who gets to stay in the family home.
- How much child support should be paid.
- Whether one person deserves spousal support (alimony).
- How to divide retirement accounts or high-value assets.
In these cases, if you cannot reach a settlement through mediation, a judge will hold a trial and make the decisions for you.
How Does Property Division Work in Wyoming?
Wyoming is an "equitable distribution" state. This differs from "community property" states, where assets are split exactly 50/50.
Is everything split 50/50?
Not necessarily. In Wyoming, "equitable" means fair, not always equal. The judge considers the "marital estate" and seeks to divide it equitably. The court considers things like:
- How long did the marriage last?
- The condition each person will be in after the divorce.
- Who earned the property and who looked after the home.
The court typically lets each person keep their "separate property," which is stuff they owned before the wedding or things they inherited during the marriage, as long as that property wasn't mixed with marital money.
Child Support and Custody
When children are involved, the court focuses on the "best interests of the child." This is the most important rule in Wyoming divorce law regarding families.
How is child custody decided?
Wyoming courts do not automatically favor either parent. They look at which parent can provide the most stable environment. The court can order "legal custody" (who makes big decisions about school and doctors) and "physical custody" (where the child actually sleeps). Most of the time, judges prefer some form of joint custody so the child stays close to both parents.
How do you calculate child support?
Child support in Wyoming is based on a specific formula set by state law. The court looks at the combined income of both parents and the number of children.
Number of Children | Base Percentage (Approx) | Notes |
1 Child | 20% of Income | Adjusts based on total dollar amount |
2 Children | 30% of Income | Shared placement reduces this amount |
3 Children | 35% of Income | Covers basic needs and health insurance |
4+ Children | 40%+ of Income | Caps exist for very high earners |
The parent who has the child less often usually pays the other parent to help cover the costs of housing, food, and clothing.
Who Qualifies for Alimony?
Spousal support, also known as alimony, is not guaranteed in every Wyoming divorce. It is meant to help a spouse who cannot support themselves immediately after the split.
When does a judge grant alimony?
The judge has a lot of "discretion" here, meaning they make the call based on the facts. They assess whether one spouse has a genuine financial need and whether the other spouse can pay. For example, if one person stayed home for 20 years to raise kids while the other built a career, the judge might order alimony for a few years to give the stay-at-home parent time to go back to school or find a job.
The Step-by-Step Legal Process
Ending a marriage involves a lot of paperwork and specific legal steps. If you miss a step, your case might be delayed or thrown out.
1. Filing the Complaint
The process starts when one spouse (the plaintiff) files a "Complaint for Divorce" and a "Summons" at the District Court. You will have to pay a filing fee, which is usually around $70 to $100, depending on your county.
2. Serving the Spouse
You must officially "serve" your spouse with the papers. This is usually done by a sheriff or a professional process server. Your spouse then has 20 days to file an "Answer." If they live outside of Wyoming, they get 30 days.
3. The Waiting Period
Wyoming has a mandatory 20-day waiting period. The judge cannot sign your final divorce papers until at least 20 days have passed since your spouse was served. Most divorces take much longer than 20 days, but this is the absolute minimum.
4. Discovery and Negotiation
This is when both sides trade financial information. You have to be honest about your debts and your assets. If you hide money, the judge can punish you later. During this time, many couples go to mediation to try to turn their case into an uncontested divorce.
5. Final Decree
Once everything is settled, the judge signs a "Decree of Divorce." This is the final contract that says you are single and lists all the rules you must follow regarding money and kids.
Frequently Asked Questions
Do I need a lawyer for a Wyoming divorce?
You are allowed to represent yourself (this is called "pro se"). The Wyoming Judicial Branch even provides standard forms you can fill out. However, if your spouse has a lawyer, or if you have a lot of money or a complicated custody situation, it is usually a good idea to hire an attorney to make sure you don't sign away your rights.
Can I get an annulment instead?
Annulments are very rare under Wyoming divorce law. An annulment says the marriage was never legal in the first place. Reasons for this include things like being related by blood, being under the legal age to marry, or if one person was forced into the wedding by fraud. If your marriage was legal but you just don't want to be in it anymore, you must get a divorce.
What is a legal separation?
A legal separation is almost exactly like a divorce, but at the end, you are still technically married. You still split the property and set up child support. Some people choose this for religious reasons or to stay on a spouse's health insurance plan. You can always change a legal separation into a full divorce later.
Final Thoughts on Wyoming Divorce Law
The end of a marriage is a major life event that changes your finances, your living situation, and your family dynamic. By following the rules of Wyoming divorce law, you can ensure that the transition is as smooth as possible. Remember to meet your residency requirements, be honest about your finances, and always put the needs of your children first.
Whether you are aiming for a quick, uncontested divorce or preparing for a battle in court, staying organized is your best tool. Keep copies of every paper you file and every letter the court sends you. If you feel overwhelmed, look for help from groups like WomensLaw.org or local legal aid clinics.
The laws in Wyoming are designed to be fair, but they only work if you use them correctly. Take your time, read the forms carefully, and make sure you have a plan for your life once the judge signs that final piece of paper.