Wyoming Legal Separation Agreement

LEGAL SEPARATION AGREEMENT (WYOMING JUDICIAL SEPARATION)

District Court, [JUDICIAL DISTRICT] Judicial District, County of [COUNTY], State of Wyoming In re: [SPOUSE 1 FULL NAME] and [SPOUSE 2 FULL NAME] Civil No. [CASE NUMBER]

This Legal Separation Agreement is made between [SPOUSE 1 NAME] and [SPOUSE 2 NAME], who were married on [MARRIAGE DATE] and separated on [DATE OF SEPARATION].

Status and intent. The parties want a decree of judicial separation, not a divorce. They intend to stay legally married while living apart, and they understand that neither may remarry unless and until the marriage is later ended by a divorce. The parties enter this agreement freely and voluntarily and have each disclosed their income, assets, and debts.

Wyoming judicial separation. Wyoming provides a judicial separation under Wyo. Stat. 20-2-106. When circumstances are such that grounds for a divorce exist, a party may bring a complaint in the same manner as if seeking a decree of divorce, but praying instead to be allowed to live separate and apart from the other party. All defenses available in a divorce are available in this action. The court may render the separation for a limited time or as a perpetual separation, and the parties may move the court at any time to be discharged from the order.

Residency. Because the action is filed in the same manner as a divorce, Wyoming's divorce residency rule applies: one of the parties must have resided in Wyoming for sixty days immediately before filing, or the marriage must have been solemnized in Wyoming and one party must have resided in the state continuously from the time of the marriage until filing (Wyo. Stat. 20-2-107). The parties confirm that [NAME] has resided in Wyoming since [DATE].

Support and property. In a judicial separation the court may make orders that appear just, including provision for support, alimony, and disposition of the parties' property (Wyo. Stat. 20-2-106(c)). The parties agree that [support of $[AMOUNT] per month shall be paid by ___ to ___ beginning [DATE] / neither party shall pay support and each waives it as stated here]. Because Wyoming divides property on a just-and-equitable basis, the same standard used in a divorce, the parties set out the division in a Wyoming marital settlement agreement rather than repeat it here; see Wyoming Marital Settlement Agreement. The parties agree that: [SUMMARIZE OR ATTACH the division of property and debts, or state it is addressed in an attached marital settlement agreement].

Children and parenting. The parties have [NUMBER] minor child(ren): [NAME(S) AND DATE(S) OF BIRTH]. Custody, visitation, and child support are [DESCRIBED HERE / set out in an attached parenting plan]. Custody and child support remain subject to court approval and modification in the best interests of the children.

Conversion to divorce. A judicial separation does not end the marriage. A divorce may be granted after the separation decree on proper grounds arising afterward, which is done by filing a new complaint (Wyo. Stat. 20-2-106(b)).

Signatures. Each party signs freely and consents to a decree of judicial separation.

[SPOUSE 1 SIGNATURE] Date: ______ [SPOUSE 2 SIGNATURE] Date: ______

This Wyoming document follows Title 20 of the Wyoming Statutes. If you decide to end the marriage, see Wyoming Divorce Petition. For the generic template and other states, see the Legal Separation Agreement hub.