Divorce in Wyoming

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  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support


    Residency Requirements and Grounds for Divorce

    The spouse that files for divorce must be a resident of Wyoming for at least 60 days immediately preceding the time of filing for divorce or the spouse that files for divorce must have resided in Wyoming from the time of the marriage, which must have been performed in Wyoming, until the time of filing.

    The legal divorce process begins when the filing spouse files a complaint for divorce in the district court of the county where either spouse lives. There is a 20-day waiting period after filing and before a divorce will be granted.

    A divorce may be granted in Wyoming based on the following grounds:

    • Irreconcilable differences
    • Confinement for incurable insanity for two years


    Dividing the Property

    Wyoming is an "equitable distribution" state where all of your property as well as all of your spouse's property is divided in an equitable manner when you divorce. A just and equitable division is required, which is not necessarily an equal division.

    In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:

    • The merits of the spouses
    • The condition that each spouse will be left in by the divorce
    • The party through whom the property was acquired
    • The burdens imposed upon the property for the benefit of either spouse and any children.

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Wyoming divorce lawyer can save you a lot of time and money.


    Alimony

    A court may order alimony in the form of a specific sum or property to either party in Wyoming after it considerers the other's ability to pay. The court may order one spouse's real estate or the rents and profits from any real estate to be assigned to either party. Marital fault is not a factor in the alimony determination.


    Child Custody and Visitation

    In Wyoming, the court my order joint, sole or shared child custody as long as it is in the best interests of the child. The court will consider the following factors:

    • The quality of the relationship each child has with each parent
    • The ability of each parent to provide adequate care for each child throughout each period of responsibility
    • The relative competency and fitness of each parent
    • Each parent's willingness to accept all responsibilities of parenting
    • How parents and each child can best maintain and strengthen a relationship with each other
    • How the parents and each child interact and communicate with each other and how such interaction and communication may be improved
    • The ability and willingness of each parent to allow the other to provide care without intrusion and ability to respect the other parent's rights and responsibilities
    • Geographic distance between the parents' residences
    • The current physical and mental ability of each parent to care for each child
    • Any other relevant factors

    The court will not prefer one parent over the other parent as a custodian solely based on gender. The court will consider evidence of spousal or child abuse as being contrary to the best interests of the children. The noncustodial parent is generally granted visitation rights. If the court finds that family violence has occurred, it will make arrangements for visitation that best protects the children and abused spouse from further harm.


    Child Support

    In Wyoming, either parent may be ordered to pay child support. There are official child support guidelines that are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate in a particular case. Deviation from the guidelines may be allowed after the court considers the following factors:

    • The age of the child
    • The cost of necessary child day care
    • Any special health care or educational needs of the child
    • The responsibility of either parent for the support of other children
    • The value of services contributed by either parent
    • Any pregnancy expenses
    • Visitation transportation costs
    • The ability of either parent or both parents to furnish health, dental and vision insurance through employment benefits
    • The amount of time the child spends with each parent
    • Any other necessary expenses for the child's benefit
    • Whether either parent is voluntarily unemployed or underemployed
    • Whether a parent has violated any terms of the divorce decree
    • Other relevant factors

    Related Web Links:
    - Wyoming Domestic Relations Select Title 20
    - Wyoming Child Support
    - Wyoming Child Support Enforcement
    - Wyoming State Profile
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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