Wyoming Legal Separation Agreement

Q: What is a legal separation in Wyoming?

In Wyoming, the legal-separation vehicle is a judicial separation under Wyo. Stat. 20-2-106. A spouse who has grounds for a divorce may instead ask the court to be allowed to live separate and apart from the other spouse. The court can order custody, support, property, and alimony, but the marriage is not dissolved and neither spouse may remarry. It differs from a divorce, which ends the marriage, and from simply living apart, which by itself does not create a court decree.

Q: Does Wyoming offer legal separation?

Yes. Wyoming provides a judicial separation under Wyo. Stat. 20-2-106. A party may bring a complaint in the same manner as if seeking a divorce, but praying to live separate and apart rather than to end the marriage. The court can render the separation for a limited time or make it perpetual. Not every state offers a formal separation decree, but Wyoming does through this judicial-separation action.

Q: Does a Wyoming judicial separation end the marriage?

No. A Wyoming judicial separation does not dissolve the marriage. The spouses remain legally married and neither may remarry. The court decree lets them live separate and apart and settles support, property, and custody. To end the marriage, a party must obtain a divorce, which may be granted after the separation on proper grounds arising afterward and requires filing a new complaint (Wyo. Stat. 20-2-106(b)).

Q: Is there a residency requirement for legal separation in Wyoming?

A judicial separation is filed in the same manner as a divorce (Wyo. Stat. 20-2-106(a)), so Wyoming's divorce residency rule is the relevant one. Under Wyo. Stat. 20-2-107, one of the parties must have resided in the state for sixty days immediately before filing, unless the marriage was solemnized in Wyoming and one party has resided in the state continuously from the time of the marriage until filing.

Q: Can a Wyoming judicial separation be ended or made permanent?

Both are possible. Under Wyo. Stat. 20-2-106(c), the court may impose a time limit on the separation order or render a perpetual separation. The parties may also move the court at any time to be discharged from the order. This flexibility lets a couple use a time-limited separation, a lasting one, or end the order later without necessarily proceeding to a divorce.

Q: How are property and support handled in a Wyoming judicial separation?

Under Wyo. Stat. 20-2-106(c), the court may make the orders that appear just, including custody of the children, provision for support, disposition of the parties' property, and alimony. Wyoming divides property on a just-and-equitable basis, the same standard used in a divorce. Because the property division is the same as in a divorce, those terms are commonly set out in a separate marital settlement agreement rather than the separation decree itself.

Q: Why choose a judicial separation instead of a divorce in Wyoming?

People choose a Wyoming judicial separation over divorce for practical or personal reasons. Staying married can keep one spouse on the other's health insurance, though many plans treat a separation the same as a divorce, so confirm with the insurer. Reaching ten years of marriage can matter for certain military and Social Security spousal benefits. Some couples separate rather than divorce for religious reasons, and others use it as a trial step while keeping the option to reconcile.

Wyoming offers judicial separation under Wyo. Stat. 20-2-106: a spouse with grounds for divorce may ask to live separate and apart, staying married.

Find out where you stand in Wyoming

What are you trying to arrange while staying married?

DocDraft provides document preparation, not legal advice.

Introduction

Wyoming offers a judicial separation under Wyo. Stat. 20-2-106, which lets a married couple separate by court decree while staying legally married and unable to remarry. Under the statute, when circumstances are such that grounds for a divorce exist, the aggrieved 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 spouse (Wyo. Stat. 20-2-106(a)). The grounds are therefore the same grounds that would support a divorce, and all defenses available in a divorce are available in a judicial separation (Wyo. Stat. 20-2-106(d)). In a judicial separation the court may make the orders that appear just, including custody of the children, support, disposition of the parties' property, and alimony, and it may impose a time limit on the order or render a perpetual separation (Wyo. Stat. 20-2-106(c)). The parties may move the court at any time to be discharged from the order, so the separation is not necessarily permanent. Because a judicial separation is filed in the same manner as a divorce, the divorce residency rule is the relevant one: no action is granted unless one of the parties has resided in Wyoming for sixty days before filing, or the marriage was solemnized in Wyoming and one party has lived in the state continuously since the marriage (Wyo. Stat. 20-2-107). A judicial separation does not end the marriage; a divorce may be granted afterward on proper grounds arising after the decree, which is done by filing a new complaint (Wyo. Stat. 20-2-106(b)). Couples choose it to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before divorce. The division of property follows the same just-and-equitable standard used in a divorce, so those terms belong in a Wyoming Marital Settlement Agreement; if you decide to end the marriage instead, the pleading that starts it is a Wyoming Divorce Petition. DocDraft builds your Wyoming separation agreement from your facts, with attorney review available before you sign.

Key Things to Know

1
Wyoming offers a judicial separation under Wyo. Stat. 20-2-106: a spouse with grounds for divorce may instead ask the court to be allowed to live separate and apart, and the couple stays legally married so neither may remarry.
2
A Wyoming judicial separation is brought in the same manner as a divorce, but the complaint prays to live separate and apart rather than to dissolve the marriage (Wyo. Stat. 20-2-106(a)). The grounds are the same grounds that would support a divorce.
3
In a Wyoming judicial separation the court may order custody, support, disposition of the parties' property, and alimony, and it may impose a time limit on the order or render a perpetual separation (Wyo. Stat. 20-2-106(c)).
4
A Wyoming judicial-separation order is not locked in. The parties may move the court at any time to be discharged from the order (Wyo. Stat. 20-2-106(c)), so the separation can be ended without a divorce.
5
Because the action is filed like a divorce, Wyoming's divorce residency rule applies: one party must have resided in the state for sixty days before filing, unless the marriage was solemnized in Wyoming and a party has lived there continuously since the marriage (Wyo. Stat. 20-2-107).
6
A Wyoming judicial separation does not dissolve the marriage. A divorce may be granted after the separation decree on proper grounds arising afterward, which requires filing a new complaint (Wyo. Stat. 20-2-106(b)).
7
Couples choose a Wyoming judicial separation over divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce.

Key decisions before you file

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

Open the Legal Separation Agreement guide

Customize your Legal Separation Agreement Template with DocDraft

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.

Wyoming Requirements for Legal Separation Agreement

Judicial Separation Decree
Wyoming offers a judicial separation under Wyo. Stat. 20-2-106. A spouse with grounds for divorce may instead ask the court to be allowed to live separate and apart. The couple stays legally married and neither may remarry.
Filed in the Same Manner as a Divorce
A Wyoming judicial separation is brought by complaint in the same manner as if seeking a decree of divorce, but praying to live separate and apart rather than to dissolve the marriage (Wyo. Stat. 20-2-106(a)).
Grounds and Defenses Track Divorce
The action is available when circumstances are such that grounds for a divorce exist, and all defenses available in a divorce are available in a judicial separation (Wyo. Stat. 20-2-106(a), (d)).
Perpetual or Time-Limited, and Dischargeable
The court may impose a time limit on the separation order or render a perpetual separation, and the parties may move the court at any time to be discharged from the order (Wyo. Stat. 20-2-106(c)).
Sixty-Day Residency
Because a judicial separation is filed like a divorce, the divorce residency rule applies: one party must have resided in Wyoming for sixty days before filing, unless the marriage was solemnized in the state and a party has resided there continuously since the marriage (Wyo. Stat. 20-2-107).
Support and Alimony
In a judicial separation the court may make orders that appear just, including provision for support and alimony (Wyo. Stat. 20-2-106(c)). The separation decree fixes support while the couple remains married.
Property Belongs in a Settlement Agreement
Wyoming divides property on a just-and-equitable basis, the same standard used in a divorce. Set out the disposition of property and debts in a Wyoming marital settlement agreement rather than in the separation decree itself.
Reasons to Choose Separation Over Divorce
A Wyoming judicial separation keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a separation like a divorce.

Frequently Asked Questions

What is a legal separation in Wyoming?

Does Wyoming offer legal separation?

What are the grounds for a judicial separation in Wyoming?

Does a Wyoming judicial separation end the marriage?

Is there a residency requirement for legal separation in Wyoming?

Can a Wyoming judicial separation be ended or made permanent?

How are property and support handled in a Wyoming judicial separation?

Why choose a judicial separation instead of a divorce in Wyoming?

Find out where you stand in Wyoming

Introduction

Key Things to Know

Key decisions before you file

Customize your Legal Separation Agreement Template with DocDraft

Wyoming Requirements for Legal Separation Agreement

Judicial Separation Decree

Filed in the Same Manner as a Divorce

Grounds and Defenses Track Divorce

Perpetual or Time-Limited, and Dischargeable

Sixty-Day Residency

Support and Alimony

Property Belongs in a Settlement Agreement

Reasons to Choose Separation Over Divorce

Frequently Asked Questions