Wyoming Divorce Laws in a Nutshell
Residency Requirements for Divorce in Wyoming
Couples seeking to file a Complaint for Divorce in Wyoming must first meet the jurisdictional requirements, which include the residency requirement as follows:
The Plaintiff or the one filing must be a Wyoming resident for 60 days or longer, immediately preceding the commencement of the divorce action. There must also be indications of either party to stay in the State as proven in getting a Wyoming drivers license, accomplishing a voter’s registration, and/or registering vehicles in the state.
Wyoming Grounds For Divorce
Wyoming is generally a No-Fault Divorce State. However, it is important that the Plaintiff or Petitioner is able to point out valid and legal grounds in filing the divorce complaint. These grounds include:
- Infidelity of either spouse
- Alcohol and/or drug abuse
- Physical, mental or verbal abuse
- Abandonment and non-support for at least six months
- Incompatibility which renders the marital relations impossible to fix
Child Custody Law in Wyoming
As in other States, Wyoming ultimately looks into the child’s best interest as the court’s primary concern. Usually, the court takes side on the parent who has previously been the usual caretaker of the child. That parent will almost likely be awarded child custody unless the court sees relevant factors to decide otherwise. The court shall look into details like where and with whom the child lived in the past five years. It will also check the condition and experiences of the child during those years with the parent.
Divorcing parents may be granted either Sole Custody (sole physical custody or sole legal custody) or Joint Custody (joint physical custody or joint legal custody), depending on the circumstances and pieces of evidence presented in court.
Guidelines for Wyoming Child Support
Wyoming calculates child support considering the monthly gross income of each parent and the cost of raising the child including but not limited to cost of education, food, clothing, medicine, plus other expenses such as medical and/or dental insurance. The parents must substantiate their income declaration by a Confidential Financial Affidavit.
The court may modify the amount of support if one party so requests it, based on relevant grounds. Child support shall be in effect until the child reaches 18 years of age or finishes high school.
Non-custodial parents need to pay their monthly support obligations through the Clerk of District Court or the State Distribution Unit (SDU). The payment is then forwarded to the custodial parent.
Where to file for a divorce?
The filing of the Wyoming divorce petition must be in the county where either the petitioner or the respondent resides.
For a fast and inexpensive divorce process, you can file Wyoming online divorce forms.
Refer to the “Divorce Requirements for Wyoming Residents” above and also review the best online divorce sites.
The State of Wyoming recognizes divorce mediation, where former spouses have the option to resolve their disputes between themselves, with the help of a third-party mediator. It may not be advisable for situations where one party is aggrieved due to domestic violence, adultery or child abuse which seeks punishment for the other party.
If one party feels that he or she may not be able to get a fair settlement via mediation, then this route may not the best option. If the couple is not able to come up with mutual agreements out of court, the judge shall decide on the resolution of disputes.
Before or after filing the Wyoming divorce papers, parties may decide if mediation is what they need and if they can arrive at a win-win resolution by themselves in aspects pertaining to division of property and debts, child custody and support, among other concerns.
Need information for a different state?
You may also visit the Wyoming Courts for more information