Wyoming Divorce Laws

Divorce in Wyoming

In the state of Wyoming, a divorce can be pursued if certain legal criteria are met. These include irreconcilable differences between the two spouses or incurable insanity which requires the affected spouse to have been confined in a mental institution for at least two years prior to filing. If this is the case, a guardian and county attorney are appointed to guide the spouse through the court process, with accompanying fees payable by the petitioner.

There was a time when getting a divorce was a lot harder to come by. Certainly a lot harder than it was to get married. One of the first states to grant a quick divorce was Nevada. You only had to live there for six weeks to be considered a resident. After that, you could file for divorce and go back to your life.

Today, nearly every state has lowered the restrictions making divorce more assessable but that doesn’t mean they are always trouble-free. Wyoming state divorce laws begin with the question of residency. In Wyoming, a resident is considered anyone who has lived in the states for at least 60 days. After sixty days, you can file for divorce in the county where you live. The rest of the Wyoming divorce laws are streamlined and easy to understand.

Filing with the Court in Wyoming

You must file your Wyoming divorce papers in the court located in the County where you presently reside. We will provide the court information in the documents that we send to you, but some of the courts in Wyoming are listed below:

• Laramie County District Court:
  309 W. 20th Street, Room 3205, Cheyenne, WY 82003-0787 Phone: 307.633.4270
• Albany County District Court:
  Albany County Courthouse, 525 Grand Avenue, Suite 305, Laramie, WY 82070 Phone: 307.721.2508
• Sweetwater County District Court:
  Sweetwater County Courthouse, 80 West Flaming Gorge, Green River, WY 82935 Phone: 307.872.6448
• Uinta County District Court:
  Uinta County Complex, 225 9th Street, Evanston, WY 82930 Phone: 307.783.0456
• Natrona County District Court:
  Natrona County Courthouse, 200 North Center, Casper, WY 82601 Phone: 307.235.9243
• Johnson County District Court:
  Johnson County Courthouse, 76 North Main Street, Buffalo, WY 82834 Phone: 307.684.7271
• Campbell County District Court:
  Campbell Co. Courthouse, 500 S. Gillette Avenue, Ste. 2600, Gillette, WY 82716 Phone: 307.682.3424
• Crook County District Court:
  Crook County Courthouse, 309 Cleveland, Sundance, WY 82729 Phone: 307.283.2523
• Carbon County District Court.
  Carbon County Courthouse: 415 West Pine Street, Rawlins, WY 82301 Phone: 307.328.2628

If your County court is not listed, the information for your court will be included in the divorce papers we send you.

Legal Grounds for Divorce in Wyoming

There are two essential legal grounds for divorce in the state of Wyoming. They are irreconcilable differences or if either spouse has been deemed insane. With irreconcilable differences, both the husband and wife are admitting that the marriage has broken down and simply can’t be fixed. Each spouse takes an equal amount of blame and they agree that no amount of counseling or therapy is going to help. When both parties agree to a no-fault divorce, the pathway to a settlement is the quickest.

Property Distribution in Wyoming

With the break-up of any marriage, there is the inevitable distribution of all the property acquired during the marriage, no matter how brief it might have been. Wyoming has designated itself as an equal distribution state. This means that if there is a dispute about who should get what then the court will exert their best judgment to decide the matter.

A divorce court judge in Wyoming can take into account how one side might be impacted if the other side were to gain property. For instance, if the wife will be maintaining custody of the children, she might be awarded the family home. If no children are present, the home might be ordered to be put up for sale and the proceeds split evenly.

Alimony can be ordered to be paid to either side in the divorce. The amount is based on the earning potential of the spouse who will be paying.

Child Custody Laws in Wyoming

When the issue of child custody comes into play in a Wyoming divorce, the court will always strive to take the best interests of the children into account. This will mean looking at the relationship between the parent and the child, how each parent can provide for the children, and the willingness of the parent to take on that sole responsibility. They’ll also look at the distance between the two potential family homes and the physical ability of a parent to take and maintain custody.

For child support, the court will consider the age of the children, the costs to care for them including any special health concerns, and if a parent is currently paying for child support for any children outside the marriage. They’ll also look at additional costs like providing for health insurance, special education, and the expenses involved in visiting.

FAQs

Is Wyoming a 50/50 divorce state?

No, Wyoming is not a 50/50 divorce state. The court will decide the division of assets and debts based on what is fair and equitable for both parties.

How do divorces work in Wyoming?

In Wyoming, couples can choose to either file for an uncontested divorce or a contested divorce. An uncontested divorce means both spouses have agreed on the terms of the divorce and are filing jointly. A contested divorce means that one spouse does not agree with the proposed terms and is filing separately. Either type of divorce may require mediation or a settlement conference before it can be finalized.

What is the waiting period for divorce in Wyoming?

In Wyoming, there is a mandatory 60-day waiting period before a divorce is finalized. This allows both parties sufficient time to review their agreement and make sure it is amicable and agreeable.

Does infidelity affect divorce in Wyoming?

In Wyoming, infidelity is considered to be grounds for divorce. However, if the spouse who committed adultery attempts to prove that his or her actions did not significantly contribute to the breakdown of the marriage, they may be able to avoid paying alimony and even gain certain assets from the division of property.

What are grounds for divorce in Wyoming?

The grounds for divorce in Wyoming include incompatibility, infidelity, abandonment, cruel treatment, habitual drunkenness, incarceration, insanity, or separation for three years.

Is Wyoming a no alimony state?

No, Wyoming is not a no alimony state. Alimony may be awarded depending on the length of the marriage, the earning potential of each spouse, and other factors determined by the court.

Does it matter who cheated in a divorce?

In some cases, it can matter which spouse was unfaithful during a marriage as it can influence the division of property, spousal support payments, and other elements of the divorce agreement.

Does your wife get half in divorce if she cheated?

As with any divorce case, the division of assets and debts is determined based on what is fair and equitable for both parties. Even if a spouse has cheated, they can still receive a portion of the marital property or receive alimony depending on the circumstances.

What happens if wife cheats before divorce?

If a wife commits adultery before the divorce is finalized, this could mean she will be required to pay legal fees associated with pursuing a fault-based divorce or could result in reduced alimony payments. This depends on the unique circumstances of each case.

What is considered marital property in Wyoming?

Marital property is any asset or debt acquired during the marriage, regardless of whose name is on the deed or loan agreement. It includes real estate, personal property such as vehicles or furniture, bank accounts, retirement funds, stocks and bonds, investments, and debt such as credit card balances or mortgages.

Do you have to go to court for a divorce in Wyoming?

Unfortunately, most divorces in Wyoming will require at least one court appearance. During this court appearance, both parties will present their arguments regarding the division of assets and debts as well as any other matters related to their divorce agreement.

How is alimony calculated in Wyoming?

The amount of alimony to be awarded is determined by several factors such as the length of the marriage, each spouse’s income potential, educational background, age, home responsibilities during the marriage, etc. The court will evaluate all these factors in order to determine how much alimony needs to be paid in order to achieve an equitable outcome for both parties.