Understanding the divorce laws and processes in Wyoming will help reduce your costs and anxiety, and also save you a fair amount of time.
Here are some important things to know before you start your case.
- What Information Should I Gather to Prepare for Divorce in Wyoming?
- Determining Which Divorce Procedure to Use
- What Forms Do I Need?
- How Do I File My Divorce Papers?
- How Do I Serve My Forms on My Spouse?
- What are the Steps for Getting a Divorce After I’ve Filed?
- FAQs About Getting a Divorce in Wyoming
What Information Should I Gather to Prepare for Divorce in Wyoming?
One of the best things you can do upfront when getting a divorce is to pull together all the documentation you’re going to need as part of the process.
The amount of paperwork can be staggering, so it’s best to start as early as possible. Also, stay organized to lessen the amount of anxiety associated with this step.
In many cases, it may be wise to gather information before you even make your spouse aware of your intentions. Often, when a spouse finds out, they can make this task even more difficult that it already is.
To see what information you’ll need, we’ve prepared a Divorce Information Checklist. You can access it as part of our article, The Ultimate Divorce Checklist: The Information You Need to Prepare for Divorce.
Determining Which Divorce Procedure to Use
There are several possible ways to get a divorce in Wyoming. What method you choose is driven in large part by your levels of trust and cooperation with your spouse, and the types of issues you need to resolve.
To get a better sense of what process may be best for you, check out our article What Are the Types of Divorce? before you make a final decision.
What Forms Do I Need?
Packets of divorce, child support, and child custody forms and instructions are available on the Wyoming Judicial Branch website.
You cannot use these forms if paternity has not been established. Instead, contact your local child support agency for assistance.
The District Court in each county of Wyoming also has printed copies of these packets available for sale. Go here to see contact information for each court.
How Do I File My Divorce Papers?
Once your forms are complete, you will file them with the court in the county where either you or your spouse lives.
You’ll also have to pay a filing fee of between $70 and $100, depending on the jurisdiction.
How Do I Serve My Forms on My Spouse?
After your forms have been filed with the court, you must notify your spouse of your intention to divorce them. This should be done as soon as possible.
You can either deliver the paperwork to them directly if they agree to sign that they acknowledge receipt, or you can send the paperwork via certified mail. You can also use a local sheriff to serve paperwork.
If you can’t locate your spouse, they are in the military or in jail, different terms apply to proof of service. You should check with your local courthouse to find out what options are available to you.
What are the Steps for Getting a Divorce After I’ve Filed?
As you file paperwork with the court, you must complete proof of service by having the paperwork legally served on your spouse. You can accomplish this through in person, by certified mail or by using a sheriff’s deputy, among others.
You will submit an affidavit with the court to verify that this important step has been completed.
If you can work out all issues in advance, you can be granted in as little as 20 days after you file the complaint.
If you don’t agree on all issues, you’ll need to negotiate with your spouse, possibly through mediation or collaborative divorce.
When you can’t reach an agreement, you will need to go to trial and present evidence and testimony in front of a judge. The judge will decide the issues and render a final settlement.
Read More: How Should I Prepare For a Divorce?
FAQs About Getting a Divorce in Wyoming
How much does it cost to file for a divorce?
Fees vary by county but are generally around $70 to $100.
You will need to pay an extra amount depending on how you choose to have your spouse served.
Contact the court where you intend to file to get exact instructions of what to do and what the cost will be.
Can divorce fees be waived?
In some cases, yes.
When you file your initial paperwork also complete and file an Affidavit of Indigency and a Request for Waiver of Filing Fees. If the court agrees with the request, a signed order will be sent to you in the mail.
Can I file for divorce online?
No. In Wyoming, you can start the process online by working with a firm that will help you complete initial paperwork or with an attorney who can assist you via email.
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But once the paperwork is complete, you must file in person at the courthouse where you or your spouse live.
Can I file for divorce without a lawyer?
Yes. You do not need an attorney in Wyoming to handle your divorce case. Spouses who can agree in advance on all the issues related to their divorce often use this option.
But depending on your circumstances, legal representation can also be a smart move to protect your interests.
What are the residency requirements for getting a divorce?
The person seeking the divorce in Wyoming must have been a resident of the state for at least 60 days prior to filing, or that the marriage was solemnized in Wyoming and the party seeking the divorce has resided in Wyoming since the time of marriage to the filing of the complaint.
How long does it take to get a divorce in Wyoming?
Typically, it can take as little as 80 days or thereabouts to get a divorce in Wyoming.
This assumes you and your spouse cooperatively agree on all issues. If you disagree, you’ll need to negotiate your differences, or you’ll go to trial where a judge will decide the issues.
This can delay the process by several months or up to a year or more.
Read More: How Long Does Divorce Take?
Can I file for divorce while I’m pregnant?
You can file for divorce, but sometimes it is easier to establish paternity, child support and visitation after a child is born. In those cases, you can file but it may be best to finalize your divorce after your child is born.
To fully consider your options, you may want to consult with an attorney to see what works best for your particular situation.
If I’m in the military, how does that affect filing for divorce?
If you or your spouse are in the armed forces, you can get a divorce in Wyoming if either of you are stationed or live in the state. The grounds are the same as they are for a civilian divorce.
For example, a military spouse can request a delay in divorce proceedings so that his or her military duties are not impacted. Legal action can be delayed when he or she is on active duty plus 60 days beyond the end of his or her enlistment.
Federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Child support and spousal support/alimony awards can’t exceed 60% of a military member’s pay and allowances. Normal guidelines are followed for child support issues and alimony.
Child custody and visitation issues can be more complicated due to relocation or deployment orders.
Looking for more important information about divorce? Read some of our most popular articles.
- The Definitive Guide to Divorce and Military Benefits (Retirement Pay, Spousal Benefits, and More)
- How to Divorce a Narcissist (and Win!)
- A Guide to Health Insurance During and After Divorce
- The Ultimate Guide to Child Support
- A Guide to Divorce Financial Planning