Divorce in Wyoming

Divorce in Wyoming

How to Get A Wyoming Divorce

Divorce in Wyoming: The institution of marriage is covered under state law throughout the United States. Ending a legal marriage requires the legal process of a divorce.

Getting a court order to end a divorce requires a few steps in order to successfully complete the process.

Almost any legal resource will list an attorney that practices family law as the primary resource when getting a divorce; however, an attorney is not always needed.

In uncontested case, a person can represent himself or herself, but he or she needs to not only understand the process, but the law as well.


How to Get a Divorce in Wyoming

The Process For Divorce in Wyoming

The Wyoming divorce process always begins when one or both individuals obtain the proper forms and fill them out.

Prior to filling out these forms, both individuals should familiarize themselves with multiple legal resources and compile a list of all debts, assets, property, and any other issue that may come up in the divorce process.

Any couple’s goal should be amicably separate, as an uncontested divorce is always the best choice in terms of time, money, and emotional upheaval.

Divorce in Wyoming Statutes

As mentioned above, the best way to begin is a review of the Wyoming statutes covering divorce.

All information can be found online in Chapter 2 of Title 20.

The following steps are a general guide to the divorce in Wyoming process:

  1. The plaintiff, individual filing a complaint, will start the process by obtaining the correct forms, filling them out, and filing them in the county where either spouse resides.

    The courts throughout Wyoming make this process somewhat easy because every courthouse and even online court websites have one of six forms packets dealing with divorce.

  2. The defendant, individual being served the divorce papers, has 20 days after being served the original paperwork to file an answer with the court.

    The process of serving has several options that can be chosen by the filer, but all are approved under divorce in Wyoming law. The way in which the defendant responds determines whether the case will be contested or uncontested.

  3. In a contested case, a hearing date will be set for a court to decide all issues surrounding the divorce. In an uncontested case, both parties will sign a Decree of Divorce, which acts as a separation agreement that is presented to the court as a legal document that lists how everything will be split.

  4. In a contested case, the plaintiff and defendant will appear before the court and both individuals have to prove any statements they wish to make and present any evidence necessary.

    Through this process, a judge may order the parties to appear before a mediator in order to settle any differences rather than the court divide assets. In an uncontested case, it is not necessary to attend a hearing as the paperwork can stand-alone.

  5. The final step is to either attend the hearing or wait on the judge to finalize the Decree and file it with the Clerk of the District Court. Once complete, both parties are notified and the marriage is officially dissolved.

The Wyoming divorce process outlined above, is merely a representation of the process, and it is not all-inclusive to every case.

Many divorces have unique issues and hiring an attorney is recommended.

Children and Divorce in Wyoming

In cases where children are involved, Wyoming statutes tell the courts to ensure that all custody regarding children is in the best interest of the child.

All paperwork must be signed in the presence of a notary in order for the court to approve the divorce. In addition, make sure to have adequate copies of all documents because the other party during the case may need them or the court may ask for additional copies or information about the paperwork previously filed.

As mentioned above, the best overall method for completing the divorce is in an uncontested manner. The vast majority of all divorces in Wyoming end in an uncontested manner because both parties can leave the marriage with much of what they want to keep.

When the court decides, it will act free of bias and divide everything in an equitable fashion. In many cases, people who fight in court do not feel like either party “won.”

Lastly, if the divorce is going to be a default divorce, or one in which the defendant never responds, make sure to contact the District court the divorce is being filed with.

Some courts throughout Wyoming require additional paperwork or require a hearing when a divorce is in default.

Generally, these hearings do not take more than 15 minutes and only require the plaintiff to outline the case.


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