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ARTICLES & RESOURCES

Is Wyoming a “no-fault” divorce state?2021-04-26T19:46:45+00:00

Wyoming removed the option of an at-fault divorce some years ago – to streamline the divorce process and remove unnecessary delays and court action.

So, Wyoming is a “no-fault” divorce state, meaning that spouses do not need to prove who was at fault for the marriage breakdown. In the past, this was often a complex and protracted process that took up court time unnecessarily.

Now, spouses only need to show that there are “irreconcilable differences” or one of the spouses has “incurable insanity”.

In most divorce cases, one or both spouses testify in court that there are “irreconcilable differences”. That may be sufficient for the judge to sign the decree and grant the divorce.

In contested divorces, either spouse may bring up the errant behavior of the other spouse as evidence to the judge when considering disputed aspects of the divorce like property division or child custody decisions.

What are the residency requirements for divorce in Wyoming?2021-04-26T19:44:57+00:00

The State of Wyoming stipulates the following residency requirements before a divorce can be granted:

  • You or your spouse must have lived in Wyoming for 60 days before filing for divorce, or
  • You and your spouse were married in Wyoming and one of you has lived there from the time you were married until the date that you file for divorce.
What are the grounds for divorce in Wyoming?2021-04-26T19:45:21+00:00

You must have a legally acceptable reason for divorce. In Wyoming, the two reasonable grounds for divorce are as follows:

  1. Irreconcilable differences
  2. Incurable insanity

Almost all divorces in Wyoming are due to “irreconcilable differences”. This is where there is no hope of the spouses reconciling and a divorce can be granted whether one spouse or both spouses believe it to be so.

“Incurable insanity” is only a valid reason if your spouse has been admitted to a mental hospital and has stayed there for a minimum of two years before you file for divorce.

If this applies in your case, your spouse will be provided with a guardian to assist through the court process and a county attorney to defend him/her in court – the charges for which you will be responsible.

What are the steps when filing for a divorce in Wyoming?2021-04-26T19:45:48+00:00

Assuming you meet the residential requirements for divorce in Wyoming and have valid grounds, you can begin the court process.

This will usually involve the following steps:

  1. Filing the right divorce papers – go to your local courthouse and pick up the forms you need. A clerk there can help with this but will not help you complete them. If you have trouble filling the forms out, speak to a divorce attorney.
  2. Even if you are filing for divorce amicably (as in an uncontested divorce), you will need to ensure that your spouse receives a copy of the papers. This is called “serving” the papers and, again, your divorce attorney can advise you if you are not sure what to do. Serving papers must be done in the correct way to prove to the court that your spouse has seen them.
  3. If your spouse disagrees with anything in the divorce papers, an opportunity is provided for him or her to file papers in response, expressing their version of events or challenging the divorce.
  4. If your spouse does not respond within 20 days, the divorce will proceed as “uncontested”.
  5. If the divorce is contested, the judge may order mediation or a series of court appearances to sort out the issues.
  6. You and your spouse must sort out property/asset/debt division, as well as child custody, child support, spousal support and any other outstanding or disputed issues. In uncontested divorces, these may be agreed relatively quickly between spouses around the kitchen table but in contested divorces, the disputes can become bitter and protracted – and can take many months or even years to resolve in court.
What forms are required to file for divorce in Wyoming?2021-04-26T19:46:11+00:00

Wyoming is different from some other states. Here, one spouse must file for divorce even in uncontested cases. That is, one spouse (the “plaintiff”) must organize the preparation and signing of the paperwork and serve them to the other.

You cannot file the petition jointly. If you’re the “plaintiff”, you will need some (or all) of the following forms, depending on your circumstances:

  • Complaint for Divorce (signed by the plaintiff)
  • Civil Cover Sheet
  • Vital Statistics Form
  • Summons signed by the plaintiff
  • Proof of Service of Spouse (sheriff’s return of service or acceptance of service)
  • Confidential Statement of Parties for Child Support Order (if the parties have children)
  • Confidential Financial Affidavit
  • Affidavit of Divorce Without Appearance of Parties
  • Decree of Divorce
  • Order for Income Withholding
  • Income Withholding for Support, and
  • Decree of Divorce.

Check with your local court clerk to verify that the forms you submit cover the requirements for your county.

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