Wyoming Divorce: What You Need to Know
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Table of Contents
In Wyoming, a divorce is legally referred to as a dissolution of marriage, and it is the court process that officially ends a marriage. Although each state sets its own rules, in Wyoming, divorce proceedings are managed by the District Court in the county where either party resides. Understanding how divorce works in Wyoming, require learning about the residency criteria, waiting time, and types of divorce, among other court-specific information.
How Does Divorce Work in Wyoming?
To begin the divorce process in Wyoming, residency requirements must be met before filing for divorce. Statutorily, either spouse must have lived in the state for 60 days before filing for a divorce. In addition, eligibility requires that the marriage occurred in Wyoming and that at least one spouse is a current resident in the state.
Wyoming allows both no-fault and fault-based divorces. The no-fault ground is that the marriage is “irreparably broken,” meaning reconciliation is not possible. Fault-based grounds, though rarely applied, include adultery, extreme cruelty, willful neglect, habitual intoxication, and felony conviction.
Wyoming does not impose a mandatory waiting period after meeting residency requirements. Conversely, the process may take some time, depending on the court's schedule dates. An uncontested divorce may be finalized in 30 to 90 days, while contested divorces may take several months.
Types of Divorce in Wyoming
The different pathways to a divorce in Wyoming are:
Uncontested divorce: In this case, both spouses have reached an agreement on certain issues regarding custody, property division, and support. These cases are less time-consuming and are inexpensive.
- Contested divorce: Spouses who disagree on the terms of divorce usually require mediation, hearings, or a trial to resolve issues. These cases require more time to resolve and are costlier.
- No-fault divorce: This is the most common filing ground in Wyoming, and it is based on grounds of “irreconcilable differences”.
- Fault-based divorce: Parties may seek divorce based on grounds of infidelity or cruelty. Nevertheless, these factors are not mandatory to file for divorce in Wyoming.
- Collaborative divorce: This type of divorce allows couples to work closely with attorneys who specialize in divorce cases. These attorneys and mediators help both partners to reach a mutual agreement and settle cases out of court.
- Legal separation: In Wyoming, through legal separation, spouses may resolve custody, property rights, and financial support issues without formally dissolving their marriage.
Wyoming Divorce Court Process and Forms
In Wyoming, divorces are filed in the District Court of the county where either spouse lives. The process begins when one spouse, the plaintiff, files a Complaint for Divorce.
Other required documents may include:
- Civil Cover Sheet
- Summons
- Confidential Statement of the Parties
- Financial Affidavit
- Parenting Plan and Child Support Worksheets (if children are involved)
- Marital Settlement Agreement (for uncontested divorces)
The plaintiff is required to serve the other spouse, called the defendant, with the complaint and summons. This is usually carried out by a sheriff, process server, or by acknowledgment of service. In return, the defendant has 20 days to respond and 30 days if served out of state.
Furthermore, it is required for both spouses to file financial disclosure(s). This states the assets, debts, income, and expenses accrued during their marital union. Nonetheless, if children are involved, parents must complete a Parent Education Class before custody orders are finalized.
Courts often require mediation in family law cases involving custody or assets, but unresolved issues are ultimately decided at trial. Judges may order mediation in custody or property disputes. If no settlement is reached, the case proceeds to trial.
The divorce is finalized when the judge signs a Decree of Divorce, which officially ends the marriage and includes orders for custody, support, property division, and spousal maintenance.
City- and County-Level Filing Details
Divorces in Wyoming are filed at the county level in District Courts. The following are details for some of the state’s largest counties:
- Laramie County (Cheyenne):
- Courthouse: Laramie County District Court, 309 W. 20th Street, Cheyenne, WY 82001.
- Services: Online self-help forms are available to individuals navigating several cases in the county. A parenting education program is available for parents undergoing a divorce with children.
- Natrona County (Casper):
- Courthouse: Natrona County District Court, 200 N. Center Street, Casper, WY 82601.
- Services: The Clerk of the District Court provides filing instructions and access to divorce packets. Mediation services are available and commonly used in contested cases, helping parties resolve disputes over custody, property, or support without going to trial.
- Campbell County (Gillette):
- Courthouse: Campbell County District Court, 500 S. Gillette Avenue, Gillette, WY 82716.
- Services: There are filing packets for individuals initiating divorce or custody proceedings. Parenting education classes are available to help parents navigate co-parenting challenges.
- Sweetwater County (Rock Springs):
- Courthouse: Sweetwater County District Court, 80 W. Flaming Gorge Way, Green River, WY 82935.
- Services: The Clerk of the District Court offers assistance with filings. It helps resolve family disputes, particularly in contested divorce or custody cases.
- Fremont County (Lander):
- Courthouse: Fremont County District Court, 450 N. 2nd Street, Lander, WY 82520.
- Services: It provides filing instructions to guide individuals through divorce and other family law procedures. There is a mandatory parenting education program required for divorcing parents who have children.
How to Search for Divorce Records in Wyoming
Divorce records in Wyoming are generally public, though sensitive details such as Social Security numbers, bank accounts, and minor children’s information are redacted. Records are maintained by the Clerk of District Court in the county where the divorce was finalized.
Ways to access records include:
- At the courthouse: Certified copies of divorce decrees and case files may be requested for a fee.
- Online: Wyoming does not maintain a centralized statewide divorce record portal. Some counties provide online docket access through the Wyoming Judiciary Case Search system. Full access to case information may be obtained from the Clerk of the District Court.
- Vital Records: The Wyoming Department of Health, Vital Statistics Services, issues divorce certificates (summary records, not full decrees) for divorces granted on or before 1941. This list contains the names of spouses, the date, and the county of divorce.
- Third-party services: Third-party platforms provide access to case information on divorce proceedings. However, certified copies may be requested directly from the Clerk of the District Court or the state vital records office.
Divorce records typically include the names of the spouses, the date and county of divorce, and the case number. They usually include the court’s orders on custody, child support, property division, and alimony. The Decree of Divorce is the official proof that the marriage has ended legally.
Key Points
- Divorce in Wyoming is filed in the District Court of the county where either spouse resides.
- Residency requirements stipulate that at least one spouse be a resident for only 60 days. Alternatively, they are married to their spouse, who is a resident of Wyoming.
- Both no-fault and fault-based divorces are recognized in Wyoming.
- It is a requirement for parents to attend parenting education programs to decide custody cases.
- In most contested cases, mediation serves as a key tool for reaching agreements.
- Divorce records in Wyoming are publicly accessible from county clerks, while summary certificates may be obtained from the state’s vital records office.