Divorce Laws in Wyoming

Wyoming Divorce Laws: What You Need to Know

Wyoming may be known for its rugged natural beauty, but it also has a high divorce rate. In fact, it’s the third highest in the country at 6.1% per 1,000 of the population. If you’re considering ending your marriage in Wyoming, here’s what you need to know about the state’s divorce laws:

Grounds for Divorce in Wyoming: No-Fault and Fault

Wyoming recognises both no-fault and fault grounds for divorce. No-fault divorce is based on irreconcilable differences, which means that you and your spouse can’t get along and there’s no hope for reconciliation. Other grounds for divorce include incurable insanity, which is a rare occurrence that requires a certified doctor’s report.

When you file for divorce in Wyoming, you’ll need to specify the grounds for your case and present evidence to the court. If the court recognizes the grounds and considers the evidence substantial, your divorce will be granted.

Annulment vs. Divorce in Wyoming

While annulment is an option in Wyoming, most people choose to get divorced instead. This is because in an annulment, the marriage is considered void and null, and neither spouse has the right to claim any awards or benefits. Divorce, on the other hand, allows both spouses to request the resolution of all divorce-related issues except custody and visitation, which are ultimately decided by a jury.

The Divorce Process in Wyoming

If you’re filing for divorce in Wyoming, you need to work with a divorce lawyer to navigate the legal process. You and your spouse can request the resolution of all issues related to your divorce, including property division, spousal support, and child support. However, custody and visitation decisions will be made by a jury.

Conclusion

Divorce is never easy, but understanding the laws and grounds for divorce in Wyoming can help you make informed decisions about your future. Whether you choose a no-fault divorce or decide to pursue an annulment, it’s important to work with a qualified divorce attorney who can guide you through the process and ensure that your rights are protected.

Wyoming Divorce Laws: 

Going through a divorce can be an emotional and challenging time. That’s why understanding the laws and regulations surrounding divorce in Wyoming is so important. Here’s everything you need to know:

Residency Requirements

Before filing for divorce, the plaintiff must have resided in Wyoming for at least 60 days. Even if the spouse lives elsewhere, the plaintiff can still file for divorce in Wyoming. The divorce case can be filed in the district court of the county where either party resides.

Required Documents

Several essential documents are required to start and complete a divorce in Wyoming. These documents include:

• Complaint for divorce
• Decree of Divorce
• Marital Settlement Agreement
• Financial Affidavit
• Affidavit Concerning the Children
• Request for Setting
• Notice of Setting
• Certificate of Mailing

Distribution of property

During a divorce, the court will distribute the property justly and equitably. The judge will consider several factors, including the respective merits of both parties as well as the condition in which they will be left after the divorce. The party through whom the property was acquired and the burdens imposed upon the property for the benefit of both the party and its children will also be taken into account.

Change of Name

Under Wyoming law, a female spouse can restore her maiden or married name. The name she desires to be restored to should be set out in her petition for dissolution.

Mediation Counseling

When both spouses present their case, the court may order mediation to help them come to an agreement. This process cannot take more than 60 days after the mediation order is entered. The court cannot extend it on its own motion, but it may not be extended beyond the date set for the final hearing.

Alimony

The court may award alimony to one spouse who deserves it out of the estate of the other spouse. This award may include direct financial support or the payment of rents and profits that are necessary for the party’s life.

Child Custody

When deciding on custody arrangements, the court will consider the best interests of the child. Factors such as the quality of the relationship between the child and each parent, the ability of each parent to provide adequate care, and the relative competency and fitness of each parent will be taken into account.

Child Support

If parents cannot agree on an appropriate child support obligation, the court may intervene. The state support guidelines will be used, and the court may deviate from this amount if deemed appropriate by considering various factors.

If you’re going through a divorce, it’s important to have a professional divorce attorney or lawyer by your side. They can provide you with comprehensive information on divorce laws in Wyoming to ensure a fair and just outcome for all parties involved.

Wyoming Annulment Laws: 

Picture this: you’ve just tied the knot with the love of your life in Wyoming, but something isn’t right. Maybe you’ve found out your new spouse is already married, or they’re showing signs of mental illness. Whatever the reason, you’re considering an annulment. But before you go down that road, it’s important to know that annulments in Wyoming are incredibly rare.

In fact, Wyoming has some of the most limited grounds for annulment in the country. To obtain one, you must base your case on one of the following annulment grounds, as constituted by Wyoming annulment laws:

• Bigamy: You can’t have more than one spouse at a time under Wyoming marriage laws. If your spouse is already married, you can file for annulment.
• Mental Illness: If your spouse has a mental illness, you can file for annulment. However, you must provide a certified surgeon’s written testimony to support your claim.
• Consanguinity: This is a fancy term for marrying a close blood relative, like a parent, sibling, or grandparent. Such a marriage is considered null and void and can be annulled under Wyoming’s annulment laws.
• Underage Marriage: If you or your spouse were underage at the time of marriage, you can file for annulment.
• Fraud and duress: If you were coerced or tricked into marriage, you can obtain an annulment under Wyoming annulment laws.

While these may seem like straightforward grounds for annulment, each case is unique and requires careful consideration. It’s important to consult with a knowledgeable attorney to discuss your options.

So, if you’re considering an annulment in Wyoming, know that it’s not an easy process. But with the right legal guidance and a solid case, you may be able to nullify your marriage and move on with your life.

Wyoming Divorce Laws: FAQs

Are you considering getting a divorce in Wyoming? It’s important to understand the ins and outs of Wyoming’s divorce laws before you start the process. Here are some frequently asked questions to help you get started:

What’s the Difference Between Legal Separation and Divorce?

Legal separation is a situation where both spouses live apart but remain married. Divorce, on the other hand, is a legal termination of the marriage. In a divorce, both parties are free to remarry if they choose to do so.

What are the residency requirements for a Wyoming divorce?

According to Wyoming divorce laws, one of the spouses must meet the following residency requirements before filing for a Wyoming divorce:

• The plaintiff must have been a legal resident of the state for at least 60 days.
• One of the spouses must be a resident of Wyoming.

Is there an advantage to filing for divorce first?

No, filing for divorce first doesn’t give either party an advantage in court. The court will make its decisions based on the evidence presented, not on who filed the case first.

Is there a fixed amount for child support?

Child support is determined based on the non-custodial spouse’s gross income, the child’s living standards, and other relevant factors. There is no fixed amount for child support.

How long will I need to pay child support?

Under Wyoming’s divorce laws, the non-custodial spouse must pay child support until the child turns 18 or completes their high school education. Child support can be extended in cases of mental or physical disability.

How Does the Wyoming Divorce Court Decide Alimony?

Alimony is the financial assistance paid by one spouse to the other after a divorce. The court considers factors such as income and mental ability before deciding on an amount for alimony. There is no fixed formula for calculating alimony.

How Long Does a Wyoming Divorce Take?

A Wyoming divorce typically takes around 20 days after filing.

How Does the Wyoming Divorce Court Decide Child Custody?

Child custody is decided based on the child’s best interests. The court gives the parents a chance to decide on custody, but if they can’t agree, the court will consider factors such as income, living standards, and medical and educational facilities before making a decision.

What is an uncontested divorce?

An uncontested divorce is one where all issues, such as child support, alimony, property division, and assets and liabilities, are resolved by both parties.

Do we need separate divorce attorneys?

Yes, each spouse must have their own divorce attorney. No divorce attorney can represent both parties at the same time.

Now that you have a better understanding of Wyoming’s divorce laws, you can begin the process with confidence. Remember to seek legal advice and support from a qualified attorney to ensure the best possible outcome for you and your family.