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WYOMING DIVORCE BASICS AND OVERVIEW
This is a divorce reference guide to understanding divorce in Wyoming. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.
Divorce in Wyoming Made Easy (See Wyoming Divorce Help Center)
- Time Frame: The judge signs the Decree of Divorce and the divorce will become final if there are no issues with the paperwork. In Wyoming a divorce requires at least 20 days after service of process of the Complaint for Divorce.
- Where to File: District Court. "In the District Court in and for ____________ County, Wyoming." (See Wyoming Court Addresses)
- Statute Statutes: Wyoming Statutes Annotated; Title 20.
- Name of Action: Complaint for Divorce.
- Name of Parties: Plaintiff, the spouse who files, and defendant, the other spouse.
- No-Fault or Fault and No-Fault Only: No-fault and incurable insanity.
- Primary Documents Filed: Complaint for Divorce and Decree of Divorce. (See WY Forms List With Explanations)
- Physical Separation Required: No.
- Separation Time to File: None.
- Legal Separation Permitted: The grounds for a legal separation are the same as divorce.
- Grounds: No-Fault, which means irreconcilable differences in the marital relationship, and fault, which means
Incurably insanity for at least two years. (See Wyoming Laws for Divorce)
- Residency Requirement: The plaintiff must reside in Wyoming for sixty (60) days before filing the Complaint, or the marriage happened in Wyoming and the plaintiff lives in Wyoming from the time of the marriage until the filing of the Complaint. A married person who at the time of filing resides in Wyoming is a resident although his or her spouse may reside elsewhere. A divorce may be filed in the district court of the county in which either party resides.
- Mediation Required: The court may require mediation when child custody is being disputed.
- Counseling Required: There is no provision for mandatory counseling.
- Parenting Classes Required: At the court's discretion, the judge may order parenting classes. These classes may be required for all parents who are divorcing. The classes range in length and you are given a Certificate of Completion to provide to the court. The goal of the classes is to educate the parents on best practices for co-parenting during and after divorce. The classes are often held at the courthouse or online.
- Filing Fee: $70. (See WY Filing Fee Waiver Form)
- Where to File for Child Support: The enforcement of child support is under the aegis of the Wyoming Department of Family Services (DFS), which is dedicated to promoting the safety, well-being and self-sufficiency of families through community partnerships.
- Child Support Guidelines Model: Wyoming uses the Income Shares Model, which estimates the amount of support that would have been available if the marriage had not failed. This estimated amount is then divided proportionally to the parents according to each parent's income.
- Property Division: An equitable distribution state, Wyoming uses the all property model.
- Appreciation of Separate Property: The appreciation of all property is marital.
- Attendance at Hearing: Once the proper forms have been filed with the district court, the judge may or may nor want to hold a hearing to review the terms and conditions of the divorce and the settlement. A hearing depends on the county where the case is filed and whether or not minor children are involved.
- Waiting period after Divorce for Remarriage: None.
- Ways to Serve Spouse: For a no-fault uncontested divorce, the defendant usually waives service by signing an Acknowledgment and Acceptance of Service.
- Learn More About Wyoming Divorce.
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