The following information is to provide a basic understanding of the various aspects of Wyoming divorce.
for more specific information regarding Wyoming divorce laws.
Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.
|Residency Requirements ||No divorce shall be granted unless the plaintiff has resided in this state for sixty (60) days immediately preceding the time of filing the complaint, or the marriage was solemnized in this state and the plaintiff has resided in this state from the time of the marriage until the filing of the complaint.
|Where to File ||A divorce may be decreed by the district court of the county in which either party resides on the complaint of the aggrieved party on the grounds of irreconcilable differences in the marital relationship.|
|Grounds for Divorce ||To receive a divorce in Wyoming it is not necessary to show that either one of the parties was at fault in the decline of the marriage. The only thing that is necessary to prove is that there has been a breakdown in the marital relationship to the extent that the objects and goals of marriage have been destroyed and that no reasonable possibility remains that the marriage can be saved. |
There is one additional ground that a party may seek a divorce that is based on assignment of fault and that is confinement for incurable insanity for 2 years.
|Voluntary or required mediation ||Yes|
|Voluntary or recommended Counseling||Yes|
|Property Distribution ||In granting a divorce, the court shall make such disposition of the property of the parties as appears just and equitable, having regard for the respective merits of the parties and the condition in which they will be left by the divorce, the party through whom the property was acquired and the burdens imposed upon the property for the benefit of either party and children. |
|Child Custody ||In granting a divorce, separation or annulment of a marriage or upon the establishment of paternity pursuant to W.S. 14-2-401 through 14-2-907, the court may make by decree or order any disposition of the children that appears most expedient and in the best interests of the children. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors:
In any proceeding in which the custody of a child is at issue the court shall not prefer one parent as a custodian solely because of gender.
- 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, including arranging for each child's care by others as needed
- The relative competency and fitness of each parent
- Each parent's willingness to accept all responsibilities of parenting, including a willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times
- How the 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, respect the other parent's rights and responsibilities, including the right to privacy
- Geographic distance between the parents' residences
- The current physical and mental ability of each parent to care for each child
- Any other factors the court deems necessary and relevant
The court shall consider evidence of spousal abuse or child abuse as being contrary to the best interest of the children. If the court finds that family violence has occurred, the court shall make arrangements for visitation that best protects the children and the abused spouse from further harm.
The court shall order custody in well defined terms to promote understanding and compliance by the parties. Custody shall be crafted to promote the best interests of the children, and may include any combination of joint, shared or sole custody.
Unless otherwise ordered by the court, the noncustodial parent shall have the same right of access as the parent awarded custody to any records relating to the child of the parties, including school records, activities, teachers and teachers' conferences as well as medical and dental treatment providers and mental health records.
At any time the court may require parents to attend appropriate parenting classes, including but not limited to, parenting classes to lessen the effects of divorce on children.
|Child Support ||Where necessary and appropriate, the court shall enter orders, whether temporary or permanent, pursuant to and in compliance with this article for the maintenance of children in actions for divorce, annulment, paternity, support, out-of-home placement and any other action for the maintenance or support of children.|
Child support shall be expressed in a specific dollar amount. The child support tables shall be used to determine the total child support obligation considering the combined income of both parents. The appropriate table is based upon the number of children for whom the parents share joint legal responsibility and for whom support is being sought. The noncustodial parent's share of the joint child support obligation shall be paid to the custodial parent through the clerk of court.
|Spousal Support ||The court may decree to either party reasonable alimony out of the estate of the other having regard for the other's ability to pay and may order so much of the other's real estate or the rents and profits thereof as is necessary be assigned and set out to either party for life, or may decree a specific sum be paid by either party.|