Wyoming Filing for Divorce

Deciding to end a marriage is a heavy choice that changes your life forever. In the Equality State, the legal system has specific rules you must follow to make it official. If you are looking into Wyoming filing for divorce, you need to know about everything from residency requirements to how you will handle the division of property. Wyoming is known for a relatively fast, straightforward process, but if you miss a deadline or skip a form, your case could be dismissed.

What are the residency requirements for divorce in Wyoming?

Before you can even walk into a courthouse, you have to prove that Wyoming has the power to hear your case. This is based on where you live.

How long must you live in the state?

The law says that at least one spouse must have lived in Wyoming for a minimum of 60 days before filing for divorce. You cannot just move here and file the next day. The only exception to this rule is if you were married in Wyoming and one of you has lived here continuously from the wedding date until the day you file the complaint for divorce.

This residency requirement exists to prevent "forum shopping," where people try to file in whichever state has the most favorable divorce laws. Wyoming wants to ensure it handles only cases involving Wyoming residents, not people passing through or trying to take advantage of the state's quick process.

To prove you meet the 60-day requirement, you might need to show a Wyoming driver's license, utility bills in your name at a Wyoming address, voter registration, lease agreements, or employment records. If your spouse challenges your residency claim, you'll need to demonstrate that Wyoming is your true home, the place you intend to stay and consider your permanent residence.

Which county should you file in?

You generally file your paperwork in the District Court of the county where either you or your spouse currently lives. If you live in Casper, you would go to the Natrona County courthouse. If you live in Cheyenne, you would head to the Laramie County courthouse.

Filing in the correct county matters because it determines which judge will hear your case and where any court hearings will take place. If you and your spouse live in different Wyoming counties, you have the option to file in either location. Most people choose to file in their own county for convenience, but strategic considerations might make the other county more appealing.

Each county courthouse has a Clerk of District Court who handles divorce filings. Their office can answer basic procedural questions about filing fees, required forms, and local court rules. However, they cannot give you legal advice about your specific situation.

What are the legal grounds for divorce in Wyoming?

In many states, you have to prove your spouse did something wrong, like cheating or being mean. These are called fault-based grounds. Wyoming is different.

Is Wyoming a no-fault state?

Yes. Wyoming is primarily a "no-fault" state. The most common grounds for divorce in Wyoming are "irreconcilable differences." This is just a fancy way of saying that you and your spouse no longer get along, and there is no chance that the marriage can be saved. You do not have to provide evidence of bad behavior to get the court to sign your divorce decree.

The beauty of the no-fault system is that it removes the need for courtroom battles over who did what wrong. You don't have to hire private investigators to prove infidelity. You don't have to document every argument or compile evidence of emotional cruelty. You simply state that the marriage is irretrievably broken, and the court accepts your word.

This approach saves significant time, money, and emotional energy. Instead of rehashing painful details of marital breakdown in open court, you can focus on the practical matters of separating your lives: dividing property, arranging custody, and planning your financial futures.

Are there any other reasons allowed?

The only other legal cause allowed in Wyoming is "incurable insanity." This requires the person to have been in a mental hospital for at least two years before the case starts. Because this is difficult to prove and requires many extra legal steps, almost everyone relies on irreconcilable differences.

The incurable insanity ground is rarely used and comes with significant complications. The court must appoint a guardian to represent the interests of the spouse who is institutionalized. You may be responsible for paying the guardian's fees, court costs, and possibly your spouse's attorney fees. Given these challenges, this ground is typically reserved for very specific situations where it's legally necessary.

How much does it cost to file for divorce?

Legal cases are never free. When you submit your papers to the clerk, you have to pay filing fees.

What are the average fees in Wyoming?

As of 2026, the standard fee to file for divorce is around $120. However, this can change slightly depending on which county you are in. You also have to factor in the cost of having a sheriff or a private process server deliver the papers to your spouse. This typically costs an additional $25 to $50.

These initial filing fees are just the beginning of your expenses. If you need copies of your divorce decree later, each certified copy costs around $5 to $10. If you need to file additional motions or modify your case, there may be additional fees for each filing.

If you hire an attorney, your costs increase substantially. Simple uncontested divorces might cost $1,500 to $3,000 in legal fees. Complex contested divorces with property disputes and custody battles can easily exceed $10,000 to $20,000 per spouse. Attorney fees in Wyoming typically range from $200 to $400 per hour, depending on the lawyer's experience and location.

What if you cannot afford the fee?

If you have a very low income, you can ask the court for a "fee waiver." You will have to fill out an "Affidavit of Indigency," where you list all your money, your jobs, and your bills. If the judge sees that you truly cannot pay, they might let you file for free.

The fee waiver process requires complete financial disclosure. You'll need to document your income, assets, monthly expenses, and any dependents you support. The court wants to ensure fee waivers go to people who genuinely cannot afford the fees, not to those who simply prefer not to pay.

If your fee waiver is granted, it typically covers the initial filing fee and service costs. However, it may not cover other expenses like copying fees, expert witness fees, or attorney costs if you decide to hire a lawyer later.

The Difference Between Uncontested and Contested Divorce

The speed and stress of your case will depend on whether you and your spouse agree on the big issues.

What is an uncontested divorce?

An uncontested divorce occurs when both parties agree on all terms. This includes who gets the house, how to split the bank accounts, and when each parent sees the kids. If you have this agreement in writing, the process is very fast. You file the papers, wait the mandatory waiting period, and the judge signs the papers.

Uncontested divorces are the ideal scenario. You and your spouse work together, either on your own or with the help of a mediator, to create a settlement agreement that addresses all issues. This agreement covers property division, debt allocation, spousal support (if any), and, if you have children, custody schedules and child support amounts.

Once you've drafted your settlement agreement, you file it along with your other divorce papers. The judge reviews your agreement to make sure it's fair and that children's interests are protected. As long as nothing seems obviously unfair or illegal, the court will approve your settlement and finalize your divorce quickly.

The cost savings of an uncontested divorce are substantial. You avoid lengthy court battles, multiple attorney consultations, and the fees associated with discovery, depositions, and trial preparation.

What is a contested divorce?

A contested divorce occurs when you and your spouse fight over even one issue. These cases are much more expensive because they typically involve lawyers, mediation, and, in some cases, trial. It can take many months, or even over a year, to complete a contested case.

Contested divorces drag out because each disagreement requires negotiation, evidence gathering, and potentially court hearings. If you disagree about the value of your house, you might each hire appraisers. If you disagree about custody, you might need custody evaluators. If you disagree about spousal support, you'll need to present detailed financial records.

The emotional toll of a contested divorce can be as draining as the financial cost. Every disagreement becomes a battle. Communications between spouses often go through attorneys, making simple conversations expensive. The adversarial nature of contested proceedings can create lasting bitterness that affects co-parenting for years to come.

How to Handle the Divorce Papers

Filing is a process that involves numerous specific documents. You cannot just write a letter to the judge.

What is the Complaint for Divorce?

The "Complaint" is the most important paper. It tells the judge the basic facts: when you got married, the names of your children, and what you want the court to do. You must state whether you want spousal support (alimony) or how you want the division of property to look.

The complaint is your formal request to the court asking them to dissolve your marriage. It includes identifying information about both spouses, the date and place of marriage, grounds for divorce (typically irreconcilable differences), and a list of what you're asking the court to do.

Be specific in your complaint. If you want to keep the family home, say so. If you're seeking spousal support, include that request. If you want primary custody of your children, state it clearly. Anything you don't ask for in your complaint might not be considered by the court.

You'll also need to file additional documents alongside your complaint, including a Summons (which notifies your spouse of the lawsuit), a Vital Statistics form (which helps the state track divorce statistics), and potentially financial affidavits if you're dealing with property division or support issues.

How do you serve your spouse?

Once you file, you have 90 days to officially "serve" your spouse. This means a neutral person (such as a sheriff) must provide them with a copy of the divorce papers. If your spouse is willing to cooperate, they can sign an "Acknowledgment and Acceptance of Service" instead. This saves time and money.

Proper service is crucial. The law requires that your spouse receive formal notice that you've filed for divorce and what you're asking for. This protects their constitutional right to due process; they can't be divorced without notice and an opportunity to respond.

If your spouse is cooperative, they can simply sign the Acknowledgment form indicating they've received the papers. This eliminates the need for formal service and saves you the sheriff's fee. However, if your spouse is avoiding you or refusing to accept papers, you'll need to use a process server or sheriff to track them down and serve them properly.

How long does the other person have to respond?

In Wyoming, the person being sued for divorce has 20 days to file an "Answer." If they were served outside Wyoming, they have 30 days. If they don't answer at all, you can ask for a "Default Divorce," which means you get what you asked for because they didn't show up.

The Answer is your spouse's opportunity to respond to your complaint. They can agree with everything you've asked for, disagree with specific points, or raise their own requests (called counterclaims). Their answer presents their side of the story and the outcome they seek.

If your spouse doesn't respond within the deadline, they've essentially given up their right to participate in the case. You can then file a motion for default judgment, and the court will typically grant you everything you requested in your complaint, as long as your requests are reasonable. However, even in default cases, judges still scrutinize custody and support arrangements to ensure children are protected.

Mandatory Waiting Period

Even if you and your spouse are in a hurry, the law makes you slow down.

Why is there a 20-day wait?

Wyoming law (W.S. § 20-2-108) states that a judge may not sign a divorce decree until at least 20 days have passed since the complaint was filed. This is a "cooling off" period to ensure no one makes a significant mistake in a moment of anger. In most counties, it takes about 30 to 60 days to process everything, even in the simplest cases.

The 20-day waiting period serves multiple purposes. It gives both parties time to reconsider whether divorce is truly what they want. It provides an opportunity to negotiate settlements. It ensures that the responding spouse has adequate time to review the complaint, consult an attorney, and prepare a response.

This waiting period is one of the shortest in the nation. States like California require six months of separation before a divorce can be finalized. Wyoming's brief wait reflects the state's practical approach to divorce; if a marriage is truly over, prolonging the process doesn't help anyone.

During this 20-day period, you can be productive. Gather financial documents, meet with attorneys for consultations, research your options, complete parenting classes if required by your county, and work on settlement negotiations with your spouse.

How Does Wyoming Split Property and Debt?

Wyoming uses a rule called "Equitable Distribution." Many people think this means a 50/50 split, but that is not always the case.

Is everything split exactly in half?

No. "Equitable" means fair, not necessarily equal. The judge looks at many things to decide what is fair:

• How long did the marriage last?
• The "condition" each person will be in after the divorce.
• Who brought the property into the marriage?
• The earning power of each spouse.
• Each person's age and health.
• Contributions as a homemaker or to the other spouse's career.

If one spouse stayed home to raise kids for 20 years, the judge might give them a larger share of the retirement accounts or the house because it will be harder for them to find a high-paying job now.

The equitable distribution system gives judges flexibility to craft fair outcomes for diverse situations. A 25-year-old with a college degree and no children might receive a smaller share of marital property because they have decades of earning potential ahead. A 60-year-old with health problems and limited job skills might receive a larger share because they have fewer options to rebuild wealth.

Judges also consider non-financial contributions. If one spouse supported the other through medical school or sacrificed career opportunities to follow the other's job relocations, these contributions factor into property division even if they don't show up in a paycheck.

What Happens When Children are Involved?

If you have minor children, the court becomes much more involved. The judge's only goal is the "best interests of the child."

How is child custody decided?

Judges in Wyoming look at which parent has been the "primary caregiver" and which home is the most stable. They also look at any history of domestic violence or drug use. Most of the time, the court prefers "joint custody," where the child spends significant time with both parents.

Wyoming custody decisions consider numerous factors: the child's relationship with each parent, each parent's ability to provide for the child's physical and emotional needs, the child's adjustment to home and school, the mental and physical health of everyone involved, and each parent's willingness to foster the child's relationship with the other parent.

The court presumes that children benefit from meaningful relationships with both parents. Unless there are serious safety concerns, both parents will have significant time with the children. Wyoming recognizes various custody arrangements, including 50/50 splits, primary custody with generous visitation, alternating weeks, and customized schedules that fit each family's unique circumstances.

If children are old enough and mature enough to express preferences, judges may consider their wishes, though the child's preference isn't controlling. A 16-year-old's opinion carries more weight than a 6-year-old's, but ultimately the judge decides what's in the child's best interests.

How do you calculate child support?

Wyoming uses a very strict formula for child support. It uses both parents' income and a state table to determine the monthly amount. You cannot agree to pay no support; the judge will verify the calculation and ensure the child is financially supported.

The Wyoming child support formula considers each parent's gross monthly income, the number of children, and the custody arrangement. The formula calculates a basic support obligation and allocates it between parents based on their proportional incomes.

Additional expenses like health insurance premiums, daycare costs, and extraordinary medical expenses are added to the basic support amount and divided between parents. The result is a specific dollar amount that the higher-earning parent pays to the lower-earning parent to ensure children's needs are met.

Parents cannot simply agree to waive child support. The court has an independent duty to ensure children are adequately supported. Even if both parents agree to zero support, the judge will review the circumstances and likely reject an arrangement that leaves children without adequate financial support.

Spousal Support: Who Gets Alimony?

Spousal support is money one ex-spouse pays the other to help the other spouse live. It is not guaranteed in every case.

When does a judge award alimony?

The court looks at the "need" of one spouse and the "ability to pay" of the other. If one person has a huge salary and the other has no work history, the judge is likely to order support for a few years. This gives the lower-earning spouse time to return to school or find employment.

Spousal support in Wyoming is not automatic or formulaic like child support. Instead, judges have broad discretion to award support based on the specific circumstances of each case. They consider the length of the marriage, the standard of living during the marriage, each spouse's financial resources, earning capacity, age, health, and contributions to the marriage.

Short marriages rarely result in spousal support unless there are unusual circumstances. Long marriages where one spouse sacrificed career opportunities are much more likely to include support awards. The goal is to help the lower-earning spouse achieve financial independence, not to maintain a permanent state of dependency.

Support can be temporary (rehabilitative), allowing the recipient time to gain education or job skills, or permanent, typically reserved for long marriages where the recipient is unlikely to become self-supporting due to age or disability.

Finalizing the Divorce Decree

The divorce decree is the final contract that ends the marriage. It is the most important document in the entire case.

What should be in the final decree?

• The final decision on who gets which car and bank account.
• The exact schedule for when the kids will be at each house.
• The dollar amount for child or spousal support.
• A statement that both people are now officially single.
• Division of retirement accounts and other financial assets.
• Responsibility for marital debts.
• Name change provisions if requested.

Once the judge signs this, you are legally divorced. You should keep a certified copy of this paper in a safe place for the rest of your life. You will need it for taxes, Social Security, and if you ever want to remarry.

A decree is a court order, meaning both parties must comply with its terms. If your ex-spouse violates the decree, say, by refusing to pay support or denying you court-ordered parenting time, you can file a contempt motion asking the judge to enforce the decree and potentially punish the violating party.

Make sure your decree is clear and specific. Vague language like "reasonable visitation" or "fair division of household goods" creates opportunities for future disputes. Specific schedules, dollar amounts, and detailed property lists prevent confusion and conflict down the road.

Frequently Asked Questions

Can I file for divorce online in Wyoming?

The Wyoming Judicial Branch provides forms online for free, but you typically cannot complete the entire process online. You still have to print the papers, sign them in front of a notary, and take them to the courthouse. Some counties are starting to allow e-filing, but you should check with your local clerk first.

Do I need a lawyer?

You are not legally required to have a lawyer. Many people represent themselves (this is called "pro se"). However, if your spouse has a lawyer, or if you have a lot of money or a complicated custody fight, it is very risky to go it alone. Lawyers know the tiny details that regular people often miss.

Self-representation works best for simple uncontested divorces with no children, minimal assets, and full agreement. But even in simple cases, a consultation with an attorney can help you understand whether your settlement is fair and whether you're overlooking any important issues.

What if I don't know where my spouse is?

You can still get a divorce! This is called "Service by Publication." You have to prove to the judge that you tried really hard to find them. If you still can't find them, the judge will let you put a notice in the local newspaper for four weeks. If they don't answer after that, the case can move forward.

Service by publication requires demonstrating to the court that you've made diligent efforts to locate your spouse. You might need to show that you've searched online databases, contacted known relatives, checked last known addresses, and exhausted other reasonable methods of finding them.

The published notice appears in a newspaper in the county where you're filing, typically in the legal notices section. It informs your spouse that divorce proceedings have started and gives them an opportunity to respond. If they don't respond after the required publication period, you can proceed with a default divorce.

Steps to Take Right Now

If you are ready to move forward with Wyoming filing for divorce, here is what you should do today:

Gather your documents

Find your marriage certificate, your last three years of tax returns, and your most recent bank statements. Also, collect documentation of assets like property deeds, vehicle titles, retirement account statements, and credit card statements. If you have children, gather their birth certificates and medical records.

Download the packets

Go to the Wyoming Judicial Branch website and find the "Self-Help" section. Download the packet that fits your situation (with or without children). Review the instructions carefully before filling out any forms.

Talk to your spouse

If you are on speaking terms, try to see if you can agree on an uncontested divorce. It will save you thousands of dollars and months of stress. Even if you're not communicating well, consider asking them if they'd be willing to try mediation to work out your differences.

Find a Notary

You will need to sign almost every form in front of a notary public. Most banks provide this service for free or a small fee. UPS stores and shipping centers often have notaries available as well.

Consider consultation

Even if you plan to represent yourself, consider scheduling a consultation with a divorce attorney. Many offer free or low-cost initial consultations. This gives you an opportunity to understand your rights, learn what you might be entitled to, and get guidance on whether self-representation is realistic for your situation.

Filing for divorce is a marathon, not a sprint. By staying organized and following the Wyoming residency requirements, you can get through this difficult time and start your next chapter. The process may feel overwhelming at first, but breaking it down into manageable steps makes it more approachable. Take it one day at a time, focus on the practical tasks in front of you, and remember that thousands of people navigate this process successfully every year.