Wyoming divorce law synopsis
Wyoming Featured Lawyers Wyoming Lawyer Directory Contact a Lawyer in Wyoming Do It Yourself Divorce Forms – Wyoming
Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Wyoming divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
Anyone who wants to file a Complaint for Divorce in a Wyoming District Court must live in the state for a period of 60 days, or must have been married in the state and maintained residence since then.
Wyoming Grounds for Divorce
Wyoming is a mixed state, allowing complaints for divorce to be filed on both no-fault and fault-based grounds.
Uncontested Divorce in Wyoming
In Wyoming, an uncontested divorce is one in which the parties agree on all the terms and conditions of the divorce. Generally, the plaintiff files a complaint for divorce and the respondent does not answer. That allows the plaintiff to receive a default divorce decree.
Contested Divorce in Wyoming
In a contested divorce, the parties cannot agree on all the elements of the divorce settlement. As a result, they must proceed through the process of planning for a court hearing where a judge decides. However, they may be able to achieve resolution out of court with the help of a divorce lawyer.
Annulment in Wyoming
The court may nullify an already illegal marriage as long as one of the parties was not aware of the illegal actions at the time of their vows. That action is called an annulment and is a rare procedure because of the difficulty of proving the grounds:
- Bigamy
- Mental illness
- Consanguinity, or marriage to a blood relative
- Underage marriage, for those under 18 without parental consent and those under 16 without a court order
- Fraud and duress
No Fault Divorce in Wyoming
The only grounds for a no-fault divorce in Wyoming are irreconcilable differences.
Wyoming Fault Divorce
The only grounds for a fault-based divorce are incurable insanity and institutionalization for at least 2 years prior to filing.
Wyoming Divorce and Child Custody
Child Custody Laws
With the best interests of the child as their primary goal, the courts will make child custody decisions based on these additional factors:
- The quality of the child’s relationship with their parents
- The parents’ ability to provide adequate care while the child is in their custody
- The parents’ fitness to care for the child
- The parents’ willingness to accept responsibility when the child is in their care and to relinquish it when the child is to be transferred to the other parent
- The best means of maintaining the parent-child relationships
- The level of parent-child communication and relationship and how it can be maintained and strengthened
- The parents’ willingness to encourage and facilitate the child’s relationship with the other
- The proximity of the parents’ residences
Child Alimony (Wyoming Child Support)
Child support may be ordered for either parent by Wyoming courts. These calculations are generally based on the official Child Support Guidelines, although they may be modified, if necessary, based on the following factors:
- The child’s age
- Childcare costs
- The child’s special health or educational needs
- The parents’ responsibility for the support of others
- Any pregnancy expenses
- The contributions of either parent
- Any extraordinary costs of transportation for visitation
- The parents’ ability to provide health insurance through employment benefits
- The child’s time with each parent
- The parents’ net income and financial condition relative to each other
- Any violations of the divorce decree by either parent
- The parents’ voluntary unemployment or underemployment
Parents in Wyoming use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.
Wyoming Divorce Spousal Support
Wyoming courts may order spousal support for either party, either permanent or temporary, with consideration of the supporting party’s ability to pay, through either direct payments or transfer of property.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court.
Temporary Spousal Support
Determined at the discretion of the court.
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Wyoming
Spouses in the military are protected by Wyoming law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From a Wyoming Divorce Lawyer
Parents have a right to have the legal counsel of a divorce attorney at their side through this often complicated and emotional process, especially if there are conflicts over settlement issues. Not only is it vital to have qualified legal advice, the experience of a seasoned divorce lawyer in Wyoming can make the difference between a successful or unsuccessful divorce settlement.