Getting Divorced in Wyoming: A Legal Guide

Wyoming divorce proceedings require at least one spouse to have resided in the state for 60 days before filing, and follow equitable distribution principles for dividing marital property. The state offers both fault and no-fault grounds for divorce, with the latter requiring only an irretrievable breakdown of the marriage.

Wyoming's 20-day waiting period between filing and finalization is among the shortest in the nation, but contested issues like child custody or complex asset division can significantly extend your divorce timeline. Consulting with a Wyoming family law attorney is strongly recommended, even if you plan to handle most of the process yourself.

Key Considerations

Long-term Married Couples with Significant Assets

Scenarios

Decisions

Business Owners

Scenarios

Decisions

Long-Term Marriage Partners with Significant Assets

Scenarios

Decisions

Parents with Minor Children

Scenarios

Decisions

Relevant Documents

Child Support Worksheet

This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.

Final Decree of Divorce

This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.

Financial Disclosure Declaration

Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.

Marital Settlement Agreement

This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.

Parenting Plan

If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.

Qualified Domestic Relations Order (QDRO)

This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.

Response to Petition for Dissolution

If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.

Summons

This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.

Wage Withholding Order

This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.

Relevant Laws

Wyoming Statute § 20-2-104 - Residence Requirements for Divorce

To file for divorce in Wyoming, either you or your spouse must have been a resident of Wyoming for at least 60 days immediately before filing. This residency requirement must be met before the court has jurisdiction to grant a divorce.

Wyoming Statute § 20-2-114 - Property Division in Divorce

Wyoming follows equitable distribution principles, meaning the court will divide marital property in a manner it deems just and equitable, considering factors such as the length of marriage, contributions of each spouse, and the earning capacity of each party. This is not necessarily a 50/50 split.

Wyoming Statute § 20-2-201 - Child Custody Determination

In Wyoming, child custody decisions are made based on the best interests of the child. The court considers factors such as the quality of the relationship between each parent and child, ability of each parent to provide adequate care, and evidence of domestic violence.

Wyoming Statute § 20-2-301 to 316 - Child Support Guidelines

Wyoming uses specific guidelines to calculate child support based primarily on the income of both parents and the number of children. These guidelines create a presumptive amount of support, though courts can deviate from the guidelines in appropriate circumstances.

Wyoming Statute § 20-2-111 - Alimony/Spousal Support

The court may order one spouse to pay alimony to the other during the divorce proceedings and/or after the divorce is finalized. Factors considered include length of marriage, financial resources of each spouse, and the receiving spouse's ability to become self-supporting.

Wyoming Statute § 20-2-106 - Grounds for Divorce

Wyoming is a no-fault divorce state, meaning you can file for divorce based on 'irreconcilable differences' without proving wrongdoing. However, Wyoming also allows fault-based grounds such as adultery, cruelty, desertion, and substance abuse.

Wyoming Statute § 20-2-112 - Waiting Period

Wyoming has a 20-day waiting period after filing before a divorce can be finalized. However, the actual time to complete a divorce depends on the court's schedule and whether the divorce is contested or uncontested.

Regional Variances

Wyoming County-Specific Divorce Procedures

As Wyoming's most populous county, Laramie County has more resources for divorce proceedings. The District Court in Cheyenne typically processes divorces faster than rural counties. They offer specific self-help divorce clinics on the first Tuesday of each month and have dedicated family law facilitators to assist pro se litigants.

Natrona County requires an additional parenting class called 'Children in the Middle' for divorcing couples with minor children. This must be completed before a divorce decree will be issued. The county also has specific local rules regarding temporary custody arrangements that may differ from other Wyoming counties.

Due to the high-value assets often involved in Teton County divorces (Jackson Hole area), the court typically requires more detailed financial disclosures than other counties. They also have specialized procedures for handling complex property divisions involving vacation properties and investment portfolios common in this affluent area.

Albany County has implemented an expedited divorce process for couples without children who have been married less than 8 years and have limited assets. This can significantly reduce the waiting period compared to other counties. The University of Wyoming College of Law also offers free legal clinics to qualifying residents.

Sweetwater County has unique scheduling procedures due to the rural nature and large geographic area it covers. Divorce hearings are typically only held on specific days of the month, which can extend timelines. The county also requires mediation attempts before contested hearings in all divorce cases, which is not mandatory statewide.

Wyoming Tribal Jurisdiction Considerations

The Wind River Reservation, home to the Eastern Shoshone and Northern Arapaho tribes, operates under tribal court jurisdiction for divorces between tribal members. If one spouse is a tribal member and one is not, complex jurisdictional issues arise that may require cases to proceed in both tribal and state courts simultaneously. Tribal courts may apply different standards for property division and child custody based on tribal customs and laws.

Wyoming Border Areas with Special Considerations

Residents in these border counties may have property or business interests in both states, creating complex jurisdictional issues. Wyoming's more favorable tax laws often make it advantageous to establish residency here before filing, but property division for assets in Colorado may still be subject to Colorado law. These counties often have judges with specific experience handling cross-state divorce matters.

These counties deal with unique religious considerations due to proximity to Utah. Courts in these areas have more experience with divorces involving plural marriage situations or strict religious covenant marriages that may have been performed in Utah but are not legally recognized in Wyoming.

Suggested Compliance Checklist

Determine if you meet Wyoming residency requirements

0 days after starting

Before filing for divorce in Wyoming, at least one spouse must have been a resident of Wyoming for at least 60 days immediately preceding the filing. Verify that you or your spouse meets this requirement before proceeding.

Gather important personal and financial documents

7 days after starting

Collect documents including marriage certificate, property deeds, vehicle titles, bank statements, retirement account statements, tax returns for the past 3-5 years, pay stubs, insurance policies, mortgage information, credit card statements, and loan documents. These will be needed for financial disclosures and property division.

Draft Petition for Dissolution of Marriage

14 days after starting

This is the document that initiates the divorce process. In Wyoming, you'll need to include basic information about both spouses, date and place of marriage, confirmation of residency requirements, grounds for divorce (Wyoming allows no-fault divorce based on 'irreconcilable differences'), information about children if applicable, and general information about marital property and debts.

Document: Petition for Dissolution of Marriage

Prepare Summons

14 days after starting

The Summons notifies your spouse that you've filed for divorce and that they have a specific timeframe (typically 20-30 days in Wyoming) to respond. This document must be filed along with your Petition.

Document: Summons

File divorce papers with the District Court

21 days after starting

File your Petition for Dissolution of Marriage and Summons with the District Court in the Wyoming county where either you or your spouse resides. You'll need to pay a filing fee (approximately $70-$120, depending on the county). If you cannot afford the fee, you can ask the court for a fee waiver by filing an Affidavit of Indigency.

Serve divorce papers on your spouse

28 days after starting

Your spouse must be legally notified of the divorce filing. In Wyoming, this can be done through: 1) Personal service by a sheriff or process server, 2) Certified mail with return receipt requested, or 3) Publication in a newspaper if your spouse cannot be located. Your spouse has 20-30 days to respond after being served.

Prepare or respond to Response to Petition for Dissolution

35 days after starting

If you were served with divorce papers, you must file a Response to the Petition within the timeframe specified in the Summons (typically 20-30 days). If you filed the Petition, review your spouse's Response when received. The Response indicates whether your spouse agrees with the statements in your Petition or contests certain aspects of the divorce.

Document: Response to Petition for Dissolution

Complete Financial Disclosure Declaration

42 days after starting

Both spouses must complete and exchange detailed financial disclosures. Wyoming requires a sworn statement of your assets, debts, income, and expenses. Be thorough and honest—hiding assets can result in penalties from the court. This document helps determine equitable division of property and potential alimony.

Document: Financial Disclosure Declaration

Attend temporary orders hearing (if applicable)

49 days after starting

Either spouse can request temporary orders to address immediate concerns while the divorce is pending. These may include temporary child custody, child support, spousal support, or who stays in the marital home. If requested, you'll need to attend a hearing where a judge will make these temporary decisions.

Participate in mediation (if required or chosen)

56 days after starting

Many Wyoming courts require mediation, especially in cases involving children. Even if not required, mediation can help resolve disputes more amicably and less expensively than litigation. A neutral third party will help you and your spouse negotiate unresolved issues.

Draft Marital Settlement Agreement

70 days after starting

This document details how you and your spouse will divide all marital property and debts. Wyoming is an equitable distribution state, meaning property is divided fairly but not necessarily equally. The agreement should address all assets and liabilities including real estate, vehicles, bank accounts, retirement accounts, investments, and debts.

Document: Marital Settlement Agreement

Prepare Parenting Plan (if children involved)

70 days after starting

If you have minor children, you must create a detailed Parenting Plan that addresses legal and physical custody, visitation schedules, holiday arrangements, decision-making authority, and communication between parents. Wyoming courts make decisions based on the best interests of the child, favoring arrangements that allow both parents to remain involved in the child's life when appropriate.

Document: Parenting Plan

Complete Child Support Worksheet (if children involved)

77 days after starting

Wyoming uses specific guidelines to calculate child support based on both parents' incomes, the number of children, and the custody arrangement. The Child Support Worksheet helps determine the appropriate amount according to these guidelines. Child support generally continues until the child turns 18 or graduates high school, whichever occurs later.

Document: Child Support Worksheet

Prepare Qualified Domestic Relations Order (if dividing retirement accounts)

84 days after starting

If you're dividing retirement accounts like 401(k)s or pensions, you'll need a QDRO. This special court order directs the plan administrator how to divide the retirement assets. Each retirement plan may require specific language, so consider consulting with an attorney or financial advisor familiar with QDROs to ensure it will be accepted by the plan administrator.

Document: Qualified Domestic Relations Order (QDRO)

Attend final divorce hearing

91 days after starting

If all issues are resolved, Wyoming allows for an uncontested final hearing. If issues remain disputed, you'll have a contested trial where a judge will make decisions on unresolved matters. Prepare to answer questions about your Petition, agreements, and parenting arrangements if applicable. Bring copies of all filed documents and your proposed Final Decree.

Submit Final Decree of Divorce for judge's signature

98 days after starting

After the hearing, submit your Final Decree of Divorce for the judge to sign. This comprehensive document finalizes your divorce and incorporates all agreements and court decisions regarding property division, debt allocation, spousal support, child custody, and child support. Once signed by the judge, your divorce is officially final.

Document: Final Decree of Divorce

Prepare Wage Withholding Order (if applicable for child/spousal support)

105 days after starting

If child support or spousal support is ordered, Wyoming typically requires a Wage Withholding Order. This document directs the paying spouse's employer to withhold support payments directly from their paycheck and send them to the receiving spouse or the state disbursement unit.

Document: Wage Withholding Order

Update personal records and accounts

119 days after starting

After your divorce is finalized, update your personal records including: name change on driver's license, Social Security card, passport, and other ID if applicable; update beneficiaries on life insurance policies and retirement accounts; update wills and estate plans; change names on bank accounts, credit cards, utilities, and other accounts; and notify creditors of divorce and address changes.

Comply with property transfer requirements

149 days after starting

Execute all property transfers as outlined in your Final Decree. This may include refinancing mortgages, transferring vehicle titles, executing quitclaim deeds for real estate, dividing financial accounts, and transferring retirement funds per the QDRO. Ensure all transfers are completed within the timeframe specified in your decree.

Establish system for ongoing compliance with support and custody orders

149 days after starting

If your divorce involves child support, spousal support, or shared custody, establish systems to ensure ongoing compliance. Keep records of all payments made or received, document custody exchanges, and maintain a communication log. Wyoming takes enforcement of support and custody orders seriously, and non-compliance can result in contempt charges, fines, or even jail time.

Frequently Asked Questions

To file for divorce in Wyoming, either you or your spouse must have been a resident of Wyoming for at least 60 days immediately before filing the divorce petition. This residency requirement must be met regardless of whether you're filing for a fault or no-fault divorce.

Yes, Wyoming is a no-fault divorce state. You can file for divorce based on 'irreconcilable differences,' which means the marriage is broken beyond repair. You don't need to prove that either spouse did something wrong to cause the divorce. However, Wyoming also allows fault-based grounds such as adultery, cruelty, desertion, and substance abuse, though these are less commonly used.

Wyoming follows 'equitable distribution' principles, which means marital property is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse's contribution to acquiring the property, each spouse's economic circumstances, and the desirability of awarding the family home to the parent with primary custody of children. Property owned before marriage or received as gifts or inheritance typically remains separate property.

Wyoming courts determine custody based on the 'best interests of the child.' Factors considered include each parent's ability to provide for the child's needs, the quality of each parent's relationship with the child, the child's relationship with siblings and extended family, each parent's willingness to accept parenting responsibilities, and the child's preference (if they're old enough). Wyoming courts generally favor arrangements that allow both parents to maintain meaningful relationships with their children.

Wyoming uses the Income Shares Model to calculate child support, which considers both parents' incomes and the number of children. The calculation starts with determining the combined parental income, then establishing the basic support obligation based on state guidelines. This amount is then divided between parents according to their proportional share of the combined income. Adjustments may be made for shared custody arrangements, healthcare costs, and childcare expenses.

Yes, alimony (called 'spousal support') may be awarded in Wyoming divorces. It's not automatic and depends on factors such as the length of the marriage, each spouse's financial resources, the recipient's need for support, the payer's ability to pay, and each spouse's age and health. Alimony can be temporary (during the divorce process), short-term (to help a spouse become self-supporting), or long-term (for lengthy marriages where one spouse has limited earning capacity).

Wyoming has a 20-day waiting period after filing before a divorce can be finalized. Uncontested divorces (where spouses agree on all issues) can be completed in as little as 30-60 days after filing. Contested divorces that require court hearings on disputed issues like property division or custody can take several months to a year or more, depending on the complexity of the case and the court's schedule.

While you're not legally required to have a lawyer for a Wyoming divorce, it's highly recommended, especially if your case involves children, significant assets, or disputed issues. If your divorce is simple and uncontested, you might be able to use the Wyoming Supreme Court's standardized forms available online. However, even in seemingly straightforward cases, a lawyer can help ensure your rights are protected and all legal requirements are properly met.

The filing fee for a divorce petition in Wyoming is approximately $120-$170, depending on the county. Additional fees may apply for serving papers on your spouse and for other court filings during the process. If you cannot afford the filing fee, you can apply for a fee waiver by submitting a statement of inability to pay to the court.

Yes, child custody and support orders can be modified in Wyoming if there has been a substantial and material change in circumstances since the original order. For custody modifications, you must show that the change affects the child's welfare. For child support, significant changes in either parent's income or the child's needs may justify modification. You'll need to file a petition for modification with the court that issued the original order.

Getting Divorced in Wyoming: A Legal Guide | DocDraft