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Wyoming Divorce Petition

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Introduction

In Wyoming, the Complaint for Divorce is the written pleading that formally asks a District Court to end a marriage, and it is what many other states loosely call a divorce petition. Filing it opens the case, identifies the Plaintiff and the Defendant, and states exactly what relief you want the court to grant. Wyoming then imposes a 20-day statutory pause before the divorce can conclude: under Wyo. Stat. § 20-2-108, no decree of divorce may be granted until at least 20 days after the Defendant is served with the Complaint. Before that clock starts, you must satisfy Wyo. Stat. § 20-2-107. The Plaintiff must have resided in Wyoming for 60 days immediately preceding filing, or the marriage was solemnized in Wyoming and the Plaintiff has lived in the state continuously from marriage until filing. Most Wyoming divorces proceed on the no-fault ground of 'irreconcilable differences in the marital relationship' (Wyo. Stat. § 20-2-104); the only fault ground is incurable insanity with confinement of at least two years (Wyo. Stat. § 20-2-105). You file the Complaint for Divorce and Summons in the District Court for the county where either party resides, with a $70 filing fee. Wyoming uses 'Complaint,' never 'Petition.' The court divides marital property on a 'just and equitable' basis under Wyo. Stat. § 20-2-114, and Wyoming requires no period of living separate and apart before you file.

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Key Things to Know

  1. 1

    Definition: Wyoming opens a divorce with a Complaint for Divorce, the pleading that starts the case, rather than the 'Petition' used in many other states. The spouse who files is the Plaintiff, and the other spouse is the Defendant.

  2. 2

    Residency (Wyo. Stat. § 20-2-107): The Plaintiff must have resided in Wyoming for 60 days immediately preceding the filing of the Complaint, OR the marriage was solemnized in Wyoming and the Plaintiff has resided in the state continuously from the time of marriage until filing.

  3. 3

    Waiting Period (Wyo. Stat. § 20-2-108): No decree of divorce may be granted until at least 20 days after the Defendant is served with the Complaint, so 20 days is the earliest your divorce can be finalized.

  4. 4

    Grounds (Wyo. Stat. §§ 20-2-104, 20-2-105): The primary no-fault ground is 'irreconcilable differences in the marital relationship,' and the sole fault-based ground is incurable insanity with confinement for at least two years.

  5. 5

    Property (Wyo. Stat. § 20-2-114): Wyoming is an equitable-distribution state. The District Court makes a 'just and equitable' division of the marital property rather than an automatic 50/50 split.

  6. 6

    Court and Forms: You file a Complaint for Divorce and a Summons in the District Court for the county where either the Plaintiff or the Defendant resides. Wyoming's terminology uses 'Complaint' (not 'Petition') and identifies the spouses as Plaintiff and Defendant.

  7. 7

    Fee and Separation: The filing fee for a Wyoming divorce Complaint is $70, and Wyoming requires no separation period, so you need not live separate and apart before filing.

Key decisions before you file

Before you file a Divorce Petition in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce in Wyoming

Wyoming law calls the action a 'divorce,' and it begins not with a petition but with a Complaint for Divorce filed alongside a Summons. The spouse who files is the Plaintiff, and the other spouse is the Defendant. That vocabulary matters when you prepare a (/legal-document/divorce-petition) for Wyoming, because the state consistently uses 'Complaint,' so your caption and body should follow suit.

Where and Who Can File

You file in the District Court for the county where either the Plaintiff or the Defendant resides. Before the court will hear the case, Wyo. Stat. § 20-2-107 must be satisfied. The Plaintiff must have resided in Wyoming for 60 days immediately preceding the filing of the Complaint. Wyoming offers an alternative: if the marriage was solemnized in Wyoming and the Plaintiff has resided in the state continuously from the time of marriage until filing, the 60-day count does not apply. Wyoming imposes no requirement that spouses live separate and apart before filing.

Grounds for Divorce

Wyoming is a mixed no-fault and fault jurisdiction. Most cases rely on the no-fault ground under Wyo. Stat. § 20-2-104, 'irreconcilable differences in the marital relationship.' No proof of wrongdoing is required. The single fault-based ground appears in Wyo. Stat. § 20-2-105, incurable insanity, available only where the affected spouse has been confined for at least two years. For nearly every filer, irreconcilable differences is the practical and sufficient basis.

The 20-Day Waiting Period

Even an uncontested Wyoming divorce cannot be rushed. Wyo. Stat. § 20-2-108 provides that no decree of divorce may be granted until at least 20 days after the Complaint is served on the Defendant. This 20-day floor runs from the date of service, not the date of filing, so prompt service of the Summons and Complaint starts the clock that controls how soon your decree can issue.

Dividing Property

Wyoming follows equitable distribution. Under Wyo. Stat. § 20-2-114, the District Court makes a division of the marital property that is 'just and equitable' given the parties' circumstances. This is not an automatic 50/50 rule. The court weighs the respective merits of the parties and the condition in which each will be left. A clear, organized picture of marital assets and debts in your Complaint helps the court reach a fair result.

Cost and Next Steps

The filing fee for a Wyoming divorce Complaint is $70, paid to the District Court clerk at filing. If the filing fee is a hardship, ask the clerk about a fee waiver. To summarize your path, confirm the 60-day residency or the solemnized-in-Wyoming alternative, prepare the Complaint for Divorce and Summons, cite irreconcilable differences under § 20-2-104, serve the Defendant to trigger the 20-day period, and let the court order a just and equitable division under § 20-2-114. Following these Wyoming-specific requirements keeps your case moving through the District Court.

Wyoming Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: Plaintiff must have resided in Wyoming for 60 days immediately preceding the filing of the complaint, OR the marriage was solemnized in Wyoming and the plaintiff has resided in the....

Residency (County)

Must file in the correct county District Court the county.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. Primary no-fault ground is 'irreconcilable differences in the marital relationship' (Wyo. Stat. § 20-2-104); the sole fault-based ground is incurable insanity confined for at least 2 years....

Waiting Period

Mandatory waiting period: 20 days , no decree of divorce may be granted until at least 20 days after service of the complaint....

Required Forms

Must file correct state forms: Complaint for Divorce and Summons (Wyoming uses 'Complaint,' not 'Petition').

Property Division

Property is divided according to: Equitable distribution , the court makes a 'just and equitable' division of marital property (Wyo.... laws.

Filing Fee

Filing fee is typically $70 unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the pleading that opens a divorce case, and in Wyoming it is called a Complaint for Divorce. The spouse who files is the Plaintiff, the other spouse is the Defendant, and the Complaint is filed in the District Court to request a divorce, a division of property, and any other relief you are seeking.

In Wyoming there is no difference in outcome, but the terminology differs. Some states call the case a 'dissolution of marriage,' while Wyoming statutes call the action a 'divorce' and name the starting document a Complaint for Divorce, not a petition or a dissolution. If you are working from another state's forms, use Wyoming's 'Complaint' language for your caption and pleadings.

The Plaintiff must have resided in Wyoming for 60 days immediately preceding the filing of the Complaint, or the marriage was solemnized in Wyoming and the Plaintiff has resided in the state continuously from the time of marriage until filing (Wyo. Stat. § 20-2-107). Wyoming does not require any separation period before you file.

Wyoming allows both no-fault and fault grounds. The primary no-fault ground is 'irreconcilable differences in the marital relationship' (Wyo. Stat. § 20-2-104), and the sole fault-based ground is incurable insanity with confinement for at least two years (Wyo. Stat. § 20-2-105). Almost every filer relies on irreconcilable differences.

Wyoming enforces a 20-day floor. No decree of divorce may be granted until at least 20 days after the Defendant is served with the Complaint (Wyo. Stat. § 20-2-108), so that is the earliest your divorce can be finalized. The clock runs from the date of service, not the date of filing.

You file a Complaint for Divorce and a Summons in the District Court for the county where either the Plaintiff or the Defendant resides. Wyoming uses 'Complaint,' not 'Petition,' so your documents should follow that terminology.

The initial filing fee in Wyoming is $70, paid to the District Court clerk at filing. If the fee is a hardship, you can ask the clerk about a fee waiver.

Wyoming follows equitable distribution. Under Wyo. Stat. § 20-2-114, the District Court makes a 'just and equitable' division of the marital property, weighing the parties' circumstances rather than applying an automatic 50/50 split.