Wyoming Divorce Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 13, 2024

Wyoming divorce law governs the dissolution of marriage. If you're considering divorce, you should learn the divorce process in Wyoming. Otherwise, you may find it difficult to protect your legal rights.

Wyoming law also imposes specific legal requirements for divorce. If you don't meet these requirements, you can't file your complaint for divorce.

Here, we'll discuss these requirements. We will also explain how the Wyoming courts handle legal issues such as alimony, child custody, and equitable distribution of marital property. If you still have questions, consult an experienced Wyoming divorce attorney.

Legal Requirements for Divorce in Wyoming

To file your divorce complaint, you must meet specific requirements. First, you must meet the residency requirements. According to Wyoming law, you must live in the state for at least 60 days before filing your divorce papers.

Wyoming family law also imposes a mandatory 20-day waiting period. The judge can't issue your final decree of divorce for at least 20 days after your spouse gets served with divorce papers. This gives you and your spouse time to reconsider your decision to divorce. It also allows you to modify the terms of your marital settlement agreement.

Once the district court finalizes your divorce, your agreement becomes a court order. This order is enforceable like any other court order.

No-Fault Divorce and Fault-Based Divorce Cases

Every state recognizes no-fault divorce. Very few people cite specific grounds for divorce these days.

To qualify for a no-fault divorce, you must certify that you and your spouse are experiencing irreconcilable differences. In other words, you must confirm that there has been an irretrievable breakdown of the marriage and there is no chance of reconciliation.

Aside from irreconcilable differences, the only other grounds for divorce in Wyoming is incurable insanity. You can cite this reason for divorce if your spouse has been in a mental hospital for at least two years.

You will be responsible for paying your spouse's filing fees and attorney fees. You'll also have to pay to appoint a guardian for your soon-to-be ex-spouse.

Uncontested Divorce vs. Contested Divorce

There are two main types of divorce in Wyoming. The first is an uncontested divorce case. With an uncontested case, you and your spouse agree that a divorce is the best option. You also agree to the significant terms of the divorce.

Once you file your complaint for divorce, you can submit a copy of your divorce settlement agreement. This document outlines the terms of the divorce. If the district court judge approves your settlement, they will proceed with a final divorce decree.

In a contested divorce, the parties disagree about the terms of the divorce. Some of the legal issues they disagree on include the following:

Alimony/Spousal support
Child custody of minor children
Child support
Parenting time
Division of property
Marital property vs. separate property

Ideally, your Wyoming divorce lawyer will resolve these issues before trial. Otherwise, the judge will make these decisions for you. If you put the case in the judge's hands, you'll have no say in the outcome of your divorce.

For example, when it comes to child support and custody, the courts only care about the child's best interests. They'll give primary custody to whichever parent they deem fit. Then, they'll rely on the child support guidelines to determine how much support the non-custodial parent will pay.

The same thing is true for the division of assets. The Wyoming courts rely on equitable distribution to divide your marital assets. These assets include:

Retirement accounts
Pension
Bank accounts
Real estate
Personal property

Again, if your case goes to trial, you'll have no say in splitting the property. The judge's decision will become final.