Wyoming Divorce Causes

Ending a marriage is a major life decision that involves many legal steps. In the Equality State, the law has very specific rules about why you can end a marriage. These legal reasons are called "grounds." If you are looking into Wyoming divorce causes, you are likely trying to figure out what you need to tell the judge to get your case moving. Wyoming is known for having a relatively simple system compared to other states, but you still need to follow the rules to protect your rights.

What are the legal grounds for divorce in Wyoming?

In Wyoming, "grounds" are the legally accepted reasons for ending a marriage. If you don't have a legal ground, the court cannot grant you a divorce. Wyoming offers two main paths: a "no-fault" path and a "fault" path.

What is a no-fault divorce in Wyoming?

Most people in Wyoming choose the no-fault path. The legal term used for this is "irreconcilable differences." This means that the husband and wife no longer get along, the marriage is irretrievably broken, and there is no chance that they will get back together.

The best part about this cause is that you do not have to prove that your spouse did anything "wrong." You don't have to show evidence of cheating or lying. You simply testify that the relationship is over. This makes the divorce process in Wyoming much faster and less costly for all parties involved.

When you file under irreconcilable differences, you're telling the court that you and your spouse have reached a point where the marriage cannot continue. The judge doesn't need to know the specific reasons why you've grown apart. Perhaps you've developed different life goals, perhaps communication has broken down completely, or perhaps you've simply fallen out of love. None of these details matters legally. What matters is that both parties (or at least one party) recognize that the marriage is over.

This approach saves time, money, and emotional energy. You won't need to gather evidence of wrongdoing, hire investigators, or put embarrassing details on public record. For many couples, especially those with children, keeping the process civil and private is a top priority. The no-fault option allows you to dissolve the marriage with dignity.

Is incurable insanity a cause for divorce?

Yes. The second legal ground under Wyoming divorce causes is incurable insanity. This is considered a "fault" or specific ground. To use this reason, your spouse must have been confined to a mental hospital for at least two years before you file your papers.

This path is much harder than the no-fault path. If you choose this, the court will appoint a guardian to look after your spouse's interests. You may also be responsible for paying the court fees, the guardian's fees, and even your spouse's lawyer fees. Because it is so complex and expensive, very few people use this ground unless there is a very specific legal reason to do so.

The incurable insanity ground exists primarily for situations where one spouse is genuinely unable to participate in divorce proceedings due to severe mental illness. The requirement for two years of confinement ensures that the condition is serious and long-term, not a temporary mental health crisis that might improve with treatment.

In these cases, the court takes extra precautions to protect the rights of the spouse who cannot advocate for themselves. The appointed guardian reviews all proposed settlements, custody arrangements, and property divisions to ensure fairness. This protective measure is crucial but imposes significant cost and complexity on the process.

How does the divorce process start in Wyoming?

Once you have identified your Wyoming divorce causes, you have to start the actual paperwork. You cannot just tell a judge you want to split; you have to file specific forms at the local courthouse.

The Complaint

This is the first paper you file. It tells the court who you are, who your spouse is, and which of the grounds for divorce in Wyoming you are using. The complaint also outlines what you're asking for, whether that's custody of children, division of property, spousal support, or other relief. This document officially initiates your case and assigns a case number that will follow your divorce through the entire process.

The Summons

This is a notice that tells your spouse that a court case has started. They have a specified period of time to respond. The summons must be properly "served" on your spouse, meaning they must receive it in a legally acceptable way. You cannot serve the papers yourself; you must use a sheriff, a private process server, or another adult who is not involved in the case. Proper service protects your spouse's right to know about the case and respond.

Vital Statistics Form

This is a state form used to track the number of divorces in Wyoming each year. The information collected helps the Wyoming Department of Health compile statistics about marriage and divorce trends. This form includes basic demographic information, but does not become part of the public court record in the same way that your complaint does.

Comparison of Wyoming Divorce Grounds

To help you choose the right path, look at how the two legal causes compare.

The table above demonstrates why the vast majority of Wyoming residents select irreconcilable differences. Unless you have a compelling reason to use the incurable insanity ground, the no-fault path offers speed, affordability, and privacy.

What are the residency requirements?

Before you can use any Wyoming divorce causes in court, you have to prove that you actually live in the state. This is referred to as the "residency requirement." You cannot just drive into Wyoming and file for divorce the next day.

How long must you live in Wyoming before filing?

The law says that either you or your spouse must have lived in Wyoming for at least 60 days before filing your papers. If you haven't been in the state for two months yet, you have to wait.

There is one small exception: if you were married in Wyoming and one of you has lived here from the wedding day until the day you file, you might be able to bypass the 60-day rule. However, for most people, the two-month wait is mandatory.

The residency requirement exists to prevent "forum shopping," where people try to file for divorce in whichever state has the most favorable laws. Wyoming seeks to ensure that divorces filed here involve Wyoming residents, not individuals passing through or attempting to take advantage of the state's expedited process.

To prove residency, you may need to show a Wyoming driver's license, utility bills in your name at a Wyoming address, voter registration, or other documentation showing you've established a genuine home in the state. If your residency is challenged by your spouse, you'll need to demonstrate that Wyoming is your true domicile, the place you intend to return to ,and consider your permanent home.

A common question people have is whether "bad behavior" affects who gets the house or the car. Since Wyoming is an "equitable distribution" state, the judge tries to be fair.

Will cheating change the property division?

In many cases, the answer is no. Because the most common Wyoming divorce causes are no-fault, the judge usually doesn't care about who was mean or who cheated. They focus on things like:

1. How long did the marriage last?
2. The current income of both people.
3. Who will be looking after the children?
4. The health and age of each spouse.
5. Each person's earning potential and job skills.
6. How much each spouse contributed to acquiring marital assets.

The court wants to ensure that both parties can support themselves after the split. They divide "marital property" (stuff bought during the marriage) in a way that is fair, but not always exactly 50/50.

However, there are limited circumstances in which fault may indirectly matter. If one spouse wasted marital assets on an affair, spending thousands on gifts for a paramour or on secret trips, the judge might consider this "dissipation" of marital property and adjust the division accordingly. Similarly, if one spouse's behavior was so egregious that it caused the other spouse to suffer economic harm, this might influence the final distribution.

The key point is that Wyoming courts focus on economics and fairness, not on punishing bad behavior. If you're hoping to "get back at" your spouse through property division, you'll likely be disappointed. The system prioritizes practical outcomes that enable both parties to proceed financially.

20-Day Waiting Period

Even if you and your spouse agree on everything and file under irreconcilable differences, you cannot get divorced instantly. Wyoming law has a mandatory "cooling off" period.

Can you get a divorce in one day?

No. After you serve your spouse with the papers, the judge must wait at least 20 days before signing the final decree. This time provides individuals with an opportunity to change their minds or to correct errors in their paperwork. If your spouse lives outside Wyoming, they have 30 days to respond, which can extend the wait.

The 20-day waiting period serves several purposes. First, it prevents impulsive decisions made in the heat of anger or during a temporary crisis. Some couples reconcile during this period after seeking counseling or simply having time to cool down and reconsider.

Second, the waiting period ensures procedural fairness. It affords the responding spouse adequate time to retain counsel, review the complaint, and prepare a response. Rushing through a divorce could result in one party agreeing to unfavorable terms simply because they didn't have time to understand what they were signing.

Third, the waiting period allows time for negotiation. Many couples use these 20 days to negotiate settlement agreements regarding property, custody, and support. A negotiated settlement is almost always faster, cheaper, and less stressful than going to trial.

Wyoming's 20-day waiting period is among the shortest in the nation. Some states require six months or more of separation before a divorce can be finalized. Wyoming's approach balances the need for speed with the importance of giving couples time to make sure divorce is truly the right choice.

What happens if children are involved?

When there are minor kids, the focus of the case shifts away from Wyoming divorce causes and toward the "best interests of the child." The judge will not sign the divorce papers until there is a plan for the children.

How is custody decided?

Wyoming courts look at which parent can provide the most stable home. They look at the relationship the child has with each parent and whether there is any history of abuse. The court will also set child support based on each parent's income. This ensures the children are financially supported even after the parents live in separate homes.

Judges consider many factors when determining custody, including:

• The child's relationship with each parent and any siblings
• Each parent's ability to provide food, clothing, shelter, and medical care
• The child's adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Each parent's willingness to foster a relationship between the child and the other parent
• Any history of domestic violence or substance abuse
• The child's preference, if the child is mature enough to express a reasoned opinion

Wyoming law presumes that children benefit from having both parents actively involved in their lives. Unless there are safety concerns, courts typically award some form of shared custody or generous visitation to the non-custodial parent. The goal is to minimize disruption to the child's life and maintain strong bonds with both parents.

Child support in Wyoming is determined in accordance with state guidelines based on each parent's income and the number of children. The non-custodial parent typically pays support to the custodial parent to help cover the costs of raising the children. Support calculations also factor in healthcare costs, daycare expenses, and other child-related needs.

Do I need a lawyer to file?

You are allowed to represent yourself. This is called "pro se." The Wyoming Judicial Branch has online forms you may use. However, if your spouse has a lawyer, or if you have a lot of property and kids, it is often a good idea to hire a professional. One mistake in your paperwork could cause you to lose money or time with your children.

Representing yourself might save money upfront, but it carries risks. You might overlook important legal rights, miss filing deadlines, or make procedural errors that delay your case. Family law involves complex issues like property valuation, retirement account division, tax implications, and long-term support obligations. An experienced attorney can identify issues you might not even know exist.

That said, for couples with short marriages, no children, minimal assets, and full agreement on all terms, self-representation may be appropriate. Many counties offer free legal clinics or self-help centers where you can get basic guidance even if you can't afford a full-service attorney.

Can I stop a divorce if my spouse wants one?

Usually, no. If your spouse files under irreconcilable differences and tells the judge the marriage is over, the judge will usually grant the divorce even if you don't want it. You cannot force someone to stay married to you in Wyoming.

This reflects the reality that marriage requires the consent of both parties. If one person is determined to leave, forcing them to remain legally married serves no constructive purpose. However, even if you can't stop the divorce from happening, you absolutely have rights regarding property division, custody, and support. You should still participate in the case to protect your interests.

What is the difference between divorce and legal separation?

A divorce ends the marriage completely. You are single and may marry another person. A legal separation settles property and custody, but you are still technically married. People usually choose separation for religious reasons or to keep their health insurance.

Legal separation can also be useful for couples who are uncertain whether divorce is the right choice. It provides a legal structure for living apart while leaving the door open for reconciliation. Some couples separate for a year or two, then either reconcile or convert the separation to a divorce once they're certain about their decision.

How to find official records after the case is done?

Once the judge signs your papers, you might need a copy of the record later. You don't go to the state health department for the full details.

Where do you get a copy of the divorce decree?

You must contact the Clerk of District Court in the specific county where the divorce happened. They keep the official "decree," which lists all the rules you and your spouse must follow. If you just need a simple "certificate" to prove you are divorced, you can get that from the Wyoming Department of Health, but it won't have the details about your property or kids.

The decree is an important document. You may need it when changing your name, updating beneficiaries on insurance policies, dividing retirement accounts, refinancing property, or proving your marital status for future legal matters. Keep several certified copies in a safe place.

Moving Forward with Your Case

Dealing with Wyoming divorce causes and the legal system can be a lot to handle. The best thing you can do is stay organized. Keep copies of all your bank statements, tax returns, and property deeds. By being prepared and following the state's residency rules, you can make the process go as smoothly as possible.

Remember that while the law provides the grounds for ending a marriage, it is up to you and your spouse to try to reach an agreement on the details. Cases where people work together move much faster through the district court system.

Divorce is never easy, but understanding the legal framework helps you navigate the process with confidence. Wyoming's straightforward approach to divorce grounds, primarily the no-fault option of irreconcilable differences, allows couples to end their marriages without protracted legal battles over fault. By focusing on practical matters like property division and child custody rather than assigning blame, the Wyoming system helps families transition to their new lives with less conflict and expense.