WYOMING DIVORCE BASICS AND OVERVIEW
|This is a divorce reference guide to understanding uncontested divorce in Wyoming. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.|
- Time Frame: The judge signs the Decree of Divorce and the divorce will become final if there are no issues with the paperwork. In Wyoming a divorce requires at least 20 days after service of process of the Complaint for Divorce.
- Where to File: District Court. "In the District Court in and for ____________ County, Wyoming."
- State Statutes: Wyoming Statutes Annotated; Title 20.
- Name of Action: Complaint for Divorce.
- Name of Parties: Plaintiff, the spouse who files, and defendant, the other spouse.
- No-Fault or Fault and No-Fault Only: No-fault and incurable insanity.
- Primary Documents Filed: Complaint for Divorce and Decree of Divorce.
- Physical Separation Required: No.
- Separation Time to File: None.
- Legal Separation Permitted: The grounds for a legal separation are the same as divorce.
- Grounds: No-Fault, which means irreconcilable differences in the marital relationship, and fault, which means Incurably insanity for at least two years.
- Residency Requirement: The plaintiff must reside in Wyoming for sixty (60) days before filing the Complaint, or the marriage happened in Wyoming and the plaintiff lives in Wyoming from the time of the marriage until the filing of the Complaint. A married person who at the time of filing resides in Wyoming is a resident although his or her spouse may reside elsewhere. A divorce may be filed in the district court of the county in which either party resides.
- Mediation Required: The court may require mediation when child custody is being disputed.
- Counseling Required: There is no provision for mandatory counseling.
- Parenting Classes Required: At the court's discretion, the judge may order parenting classes. These classes may be required for all parents who are divorcing. The classes range in length and you are given a Certificate of Completion to provide to the court before a divorce will be granted (if ordered by the court). The goal of the classes is to educate the parents on best practices for co-parenting during and after divorce. The classes are often held at the courthouse or online. If choosing an online class option, be sure that the online class is recognized and accepted by your county court. Online parenting education classes are often provided by private companies that are not directly affiliated with the court. The family code statute for parenting education in Wyoming is Statute 20-2-201.
- Filing Fee: $70. (See WY Filing Fee Waiver Form)
- Where to File for Child Support: The enforcement of child support is under the aegis of the Wyoming Department of Family Services (DFS), which is dedicated to promoting the safety, well-being and self-sufficiency of families through community partnerships.
- Child Support Guidelines Model: Wyoming uses the Income Shares Model, which estimates the amount of support that would have been available if the marriage had not failed. This estimated amount is then divided proportionally to the parents according to each parent's income.
Child support that is paid by the non-custodial parent to the custodial parent is based on official Wyoming Child Support guidelines (Wyoming Statutes Annotated; Title 20, Chapters 20-2-303 to 20-2-308). As a rule, child support is calculated using a Wyoming state guideline worksheet that considers income of both parents and the number of children to be supported. With the Income shares method for determining child support, the court considers both parents' gross income and takes the combined income of both parents and works out the proportion each contributes to supporting the child(ren) on monthly basis. That figure is then divided proportionately based on each parent's ability to pay.
- Property Division: An equitable distribution state, Wyoming uses the all property model.
- Appreciation of Separate Property: The appreciation of all property is marital.
- Attendance at Hearing: Once the proper forms have been filed with the district court, the judge may or may nor want to hold a hearing to review the terms and conditions of the divorce and the settlement. A hearing depends on the county where the case is filed and whether or not minor children are involved.
- Waiting period after Divorce for Remarriage: None.
- Ways to Serve Spouse: For a no-fault uncontested divorce, the defendant usually waives service by signing an Acknowledgment and Acceptance of Service.
- Divorce Records: The Wyoming Vital Statistics Services
In the state of Wyoming a Vital Statistics Form DNCP 4, (or DWC9 4 if there are minor children), is filed with the court during the divorce proceeding as a method of noticing the Office of Vital Statistics that the divorce is finalized. This document is prepared and filed prior to the Decree of Divorce being sign by the Judge and is completed by the clerk once the divorce does become final. Either party or his or her attorney may request a certified copy of a Divorce Certificate. The Vital Statistics Service has specific request procedures that must be followed closely and they do not take personal checks or cash. Money order is the typically the only option. The office is located at Vital Statistics Services, 2300 Capitol Avenue, Hathaway Building Cheyenne, Wyoming 82002. A copy of a final Decree of Divorce is available at the actual county courthouse in which the divorce was filed. The Decree of Divorce will include the details of the divorce settlement, when the Divorce Certificate will only include details of the divorce for example; party names, the date of the divorce, and the court.