Wyoming Uncontested Divorce Information and
FAQ
Wyoming law permits divorces based upon irreconcilable differences (no-fault)and
upon either spouse being confined to mental institution for two years
because of incurable insanity. 20-2-104, 20-2-105 Residency Requirements
Wyoming law requires that the party seeking the divorce must have resided
in Wyoming for a minimum of sixty (60) days prior to the filing of the
complaint, or that the marriage was solemnized in Wyoming and the party
seeking the divorce has resided in Wyoming since the time of marriage to
the filing of the complaint. 20-2-107
Legal Separation Wyoming law permits a party to seek a judicial
separation, permitting the parties to live to live separate and apart from
each other without terminating the marital relationship. The party seeking
the separation must meet the same conditions set forth for a divorce to be
issued, but rather than praying for a divorce, the party must request to
be allowed to live separate and apart from the offending spouse. 20-2-106
» Return to top Waiting Period Wyoming law requires that no decree of
divorce may be final unless and until twenty (20) days have elapsed from
the time of the filing of the complaint. 20-2-108 Alimony/Support Wyoming
law permits the courts to require one party to a divorce action to pay any
sum necessary for the support of the other party during the pendency of
the action. Wyoming also permits the courts to order that either party
must provide alimony to the other spouse after the marriage is terminated,
taking into consideration such factors as the respective merit of each
party and how each party will be left by the divorce. After a decree
ordering alimony has been issued, the court may from time to time revisit
the issue and revise the decree upon petition to the court. 20-2-114
Distribution of Property Wyoming is an equitable distribution state.
Equitable distribution means that the marital property of the parties will
be distributed among the parties in a manner the court determines to be
equitable and just, not necessarily equally among the parties. 20-2-114 »
Return to top Child Custody If there are children of the marriage, the
court, in granting the decree of divorce, may make any order regarding the
custody of the children that is in their best interests. Factors the court
may consider in reaching a determination of best interests of the child
include such things as the quality of relationship each child has with
each parent, the ability of each parent to provide care and support for
the children, etc. The court shall not consider the gender of the parents
when reaching a determination of custody. Every party in a custody
proceeding must provide the court with the child's present address, the
places the child has lived in the past five (5) years and the name and
addresses of the persons with whom the child lived with during that
period. The parties shall further state whether he has participated in any
litigation concerning custody of the child in this or any other state,
whether he has information of any custody proceeding concerning the child
in this or any other state, and whether he knows of any other person not a
party to the present proceeding who has a claim of custody or visitation.
Child custody may be any combination of joint, shared or sole custody.
Unless otherwise ordered, the noncustodial parent shall have equal access
to any records relating to the child of the parties, including but not
limited to school records, activities, medical and dental records. At any
time, the court may require the parents to attend appropriate parenting
classes, such as classes designed to lessen the effect of divorce upon
children. 20-2-201
Child Support Child support in Wyoming shall be in a specific dollar
amount, and the noncustodial parent's share of the joint child support
obligation shall be paid to the custodial parent through the clerk of
court. Wyoming has child support tables which establish the presumptive
amount of child support to be paid, which is presumed to be the correct
amount. Every order establishing child support must set forth the
presumptive amount and state whether that amount is departed from in the
decree. The court may only deviate from the presumptive amount upon a
specific finding that the presumptive amount would be unjust or
inappropriate, and the court's reasons for so deviating shall be
specifically set forth. The order shall also require either or both
parents to medical support to the child. If the medical coverage is to
come from health insurance provided through a parent's employer, the
employer is required to permit the parent to enroll the child under the
parent's coverage policy. Each party is required to file a financial
affidavit with accompanying supporting documentation which fully discloses
the financial status of the parties prior to any order establishing or
modifying an award of child support. All child support orders shall
include the social security numbers, dates and places of birth of the
parties. The orders shall also include each party's address, the name and
address of each party's employer, the name, social security number and
birth date of each child to whom the order relates.
Any party may petition the court for a review and adjustment of a
support order that is more than six (6) months old or has not been
reviewed in six (6) months. The party seeking the review must allege that
the amount of support would change by twenty percent (20%) or more form
the existing order.
A child support obligation terminates upon the remarriage of the
parents, the death of the child, the emancipation of the child or when the
child reaches the age of majority. 20-2-304
Name change Although there is no statutory provision relating to the
change of a spouse's name upon divorce, Wyoming does have a general
statutory provision relating to name change upon petition to the court.
1-25-101 Uncontested divorce
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