Divorce in Wyoming is governed under a series of laws that dictate both how to get a divorce within the state and what the rules of that divorce will be. When a couple is not able to resolve all of the issues in their divorce on their own outside of the court room, these Wyoming laws can also dictate what the court's ruling will be on issues of child support, property division and spousal support.
Who can file for divorce in Wyoming?
Residency requirements exist under the divorce laws of every state, including Wyoming. Such laws are in place to ensure the court only hears cases they are interested in and to ensure that parties involved in a divorce do not "forum shop" for more favorable divorce laws in states other than where they live. Under Wyoming's residency requirements, the person filing for divorce needs to have resided in the state for at least 60 days previous to filing. If both parties live in Wyoming, the divorce may be filed in the county of residence of either party.
Must we be separated first?
There is no requirement that a couple undergo a formal period of legal separation before becoming eligible to file for divorce in Wyoming.
How much does it cost?
Court filing fees will vary from county to county. The approximate fee for filing divorce papers is $80. It will cost an additional $25 or so if your spouse needs to be served (i.e. if it is necessary to have the papers delivered formally to him). If you do not know the whereabouts of your spouse, you will have to pay a publication fee of around $65. These costs are court costs and fees only. Legal fees, the cost of mediators or witnesses, and any other costs specific to the situation will be paid for separately. These additional costs can add up to thousands of dollars in complex divorce cases.
How long will it take?
Parties must wait 20 days before a final divorce decree is issued. This is the minimum amount of time it will take to be granted a divorce. If the two parties divorcing do not agree on the need for the divorce or on any issues in the divorce, then the process may be much longer as the court will need to litigate contested issues.
Do I need grounds for divorce in Wyoming?
Grounds refer to the specific legal reason you list for the divorce on your divorce filing. There are two grounds for divorce in Wyoming: one is no-fault based and the other is fault based. This means that you always need to list something when asked what the grounds for divorce are, but that the grounds you list do not have to place blame on either party.
Is it better if I have grounds for divorce?
It is usually better to opt for a no-fault divorce in Wyoming, as there is only one type of fault divorce, and it is very specific and time consuming to divorce on the basis of the fault grounds.
What are they?
The main ground for divorce in Wyoming is the no-fault ground of irreconcilable differences. The only fault based ground for divorce is that one party is incurably insane. To obtain this type of fault based divorce, the "insane" party must be confined in a mental hospital for at least two years before the divorce is filed.
Can I get temporary support during the divorce?
Wyoming law allows one party to receive temporary support during the divorce proceedings. The party who feels she is in need of support must petition the court. The court will assess each party's financial situation and standing and determine if there is a need for a temporary support order to be issued.
How is marital property handled in divorce in Wyoming?
Wyoming is one of many equitable distribution states. This means that the court looks at many factors in determining how property should be divided in order to determine what is fair. The court does not divide the assets in half, but instead looks at the contributions each party made over the course of the marriage as well as the length of the marriage, to determine who is entitled to which assets. Of course, it is important to note that these rules for property division apply only when the court is asked to split up assets after the couple has determined they cannot agree on a divorce settlement on their own outside of court. The court always encourages parties to come to an agreement so the court doesn’t have to get involved.
How are retirement assets divided?
Retirement accounts can be considered marital assets and thus can be subject to equitable distribution by the courts. However, there are many different kinds of retirement accounts, and federal law regulates when some of them can pay out. In other cases, accounts cannot be split or paid out until they are vested. To make sure each party gets a fair share of any retirement accounts that will be payable in the future (and that cannot be divided at the time of the divorce), a Qualified Domestic Relations Order (QDRO) should be filled out and filed with the divorce papers.
What are the child support guidelines in Wyoming?
To calculate the amount of child support to be paid, Wyoming uses the Income Shares Model. This model calculates the amount of money that would be available for support from both parents if the family was intact, and then prorates that among parents based on how much each earns and the needs and custody of the child. Child support is paid until the child turns 18 or finishes high school. Child support may be extended in cases of physical of mental disability.
What about spousal support or alimony?
Alimony or spousal support will be awarded on a case by case basis. It may be awarded temporarily to help the receiving spouse until a job is found. It may also be long term or permanent depending on the circumstances, especially if the marriage was lengthy. Even permanent alimony isn't always forever though; it will stop if the receiving spouse remarries. Alimony can be awarded to either spouse and can be ordered from either spouse. Therefore, a wife could have to pay a husband or vice versa.
Can we reach a marital settlement agreement out of court?
It can save both time and money if the two spouses settle on a divorce agreement without the court's help so the court can just formalize it. This also allows the spouses to have more say in what happens to their money and kids.
What happens if we can't agree on settlement terms?
Mediation may be ordered by the court if a couple cannot agree. The limit for this process is typically 60 days. A couple may also choose voluntary mediation or collaborative divorce coaching. Typically, all mediation (even court ordered) is voluntary in the sense that either party can walk away at any time. The mediator also isn't going to create a settlement for the parties; he just helps them decide their issues for themselves. If the two spouses are not able to agree even with the help of a mediator, then the court will have to litigate unresolved issues.
Other Important Considerations in Wyoming Divorce Cases
It is very important to note that prenuptial agreements will generally be enforced in Wyoming as long as those agreements were in accordance with the laws in the state. Among other things, this means the agreements must be written and signed and must not have been made under duress or based on fraud.
Getting Legal Help
While this overview of divorce in Wyoming provides you with an introduction to the laws, there is no substitute for good legal advice. A qualified attorney can be your advocate and ally throughout your divorce process, helping to make sure you get the settlement you deserve.
