Child Support
Residency Requirements and Grounds for Divorce
Generally, you must be a Wyoming resident for 60 days before filing for divorce. The law also allows you to file for divorce if you were married in the state, and continued to reside there from the time of the marriage until filing.
A divorce case begins when one spouse files a complaint for divorce in the district court of the county where either spouse lives. There's a 20-day waiting period after filing and before a divorce will be granted.
Grounds for divorce are irreconcilable differences or confinement for incurable insanity for two years. Irreconcilable differences means that there's been a breakdown in the marriage with no reasonable chance for it to continue.
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. Equitable division doesn't always mean an equal division.
In deciding how to divide the property, 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
Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with a Wyoming divorce lawyer and it 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 granting alimony.
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 parenting responsibilities
- 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 to make improvements
- The ability and willingness of each parent to allow and respect parenting by the other parent
- Geographic distance between the parents' residences
- The current physical and mental ability of each parent to care for each child
- Any other relevant factors
Gender isn't a factor in custody awards. The court will consider evidence of spousal or child abuse as against the best interests of the children. The noncustodial parent is generally granted visitation rights. If there's interference with visitation rights, the court can find the custodial parent in contempt of court.
Modifications to custody and visitation orders are based on a change in circumstances and the best interest of the child.
Child Support
Either parent may be ordered to pay child support; the amount is based on state child support guidelines. The guidelines amount is presumed correct. A court must state its reasons for deviating from the guidelines. In setting a different amount the court looks at many factors, including:
- 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
Questions for Your Attorney