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Henry Dahut, J.D.
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Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Divorce & Family Law Summary
Introduction
Wyoming divorce law governs the legal dissolution of marriages which addresses legal issues such as the division and distribution of marital property, child custody, and spousal support.
Wyoming provides for spouses to dissolve their marriage without regard to fault. This means Wyoming does not mandate either spouse to prove wrongdoing by either party to obtain a divorce. What is required is for one or both parties to attest that there are irreconcilable differences.
This summary is not intended to be a substitute for obtaining timely legal advice from an experienced divorce lawyer in your area of the state.
The objective is to provide you with a starting point from which to obtain additional information that is based on your specific situation and goals.
This summary provides information on the following divorce issues and processes:
- Residency Requirements
- Legal Grounds For Divorce
- Legal Separation
- Property Distribution
- Alimony
- Child Custody
- Child Support
- Legal Name Change
Residency Requirements
If you file for divorce in Wyoming, at least one spouse must have lived in the state for at least 60 days immediately preceding the filing of the divorce complaint. This information is current as of 2024 and is based on Wyoming Statutes Title 20, Chapter 2, Section 202.
The 60-day residency requirement means that the filing spouse must have physically lived in Wyoming and intended to make it their permanent home for at least 60 days before filing for divorce. If one spouse meets the 60-day rule, the divorce action can be filed in Wyoming, even if the other spouse lives elsewhere.
Legal Grounds For Divorce
As of 2024, Wyoming is primarily a “no-fault” divorce state. This means a spouse does not have to prove their spouse was the cause of the irretrievable breakdown of the marriage. Notwithstanding, either party may choose their divorce process.
Traditional Fault-Based Grounds For Divorce:
While Wyoming primarily operates on a no-fault basis, the state still recognizes traditional fault-based grounds for divorce. These grounds are rarely used because they make divorce more complex, adversarial, and lengthy.
The following are fault-based grounds that are still recognized in Wyoming:
- Adultery
- Incurable Insanity
- Spouses living apart for at least one year before filing for divorce
- Extreme Cruelty (domestic violence)
- Felony Conviction and Imprisonment
- Habitual Drunkenness or Drug Abuse
- Desertion
- Willful Neglect or Nonsupport
Legal Separation
During the divorce process, you and your spouse can enter into a legally binding “Separation Agreement.” This agreement, if approved by the court, can address a wide range of issues relevant to your separation, including:
- Living Arrangements
- Financial Responsibilities
- Child Custody and Support
- Spousal Support
- Property Division
Approval By Court
Once the court approves your Separation Agreement, it becomes a legally enforceable court order. This means both parties are legally obligated to abide by its terms.
Legal Tip
Property Distribution
Wyoming is an equitable distribution state regarding the division of marital property. This means that when granting a divorce, the court will try to distribute the property according to what is just and fair under the circumstances.
Factors that may be considered include the parties’ respective merits and the financial condition in which the divorce will leave them, the party through whom the property was acquired, and the burdens imposed upon the property for the benefit of either party and the children.
Alimony
Alimony, also known as spousal support in Wyoming, is financial support paid by one spouse to the other after a divorce. It’s intended to help the financially dependent spouse transition to independence.
Types of Alimony:
- Temporary Alimony: This provides financial support while the divorce is pending and helps cover living expenses.
- Rehabilitative Alimony: Usually limited to a specific period, and is given to allow the other spouse to become self-supporting through additional training or education.
- Permanent Alimony: Usually awarded in cases where the recipient spouse is unlikely to become self-supporting due to age, health, disability, or the length of the marriage.
Factors Considered by the Court:
Wyoming divorce courts do not use a specific formula for calculating alimony. Instead, the court is given broad discretion to determine the amount and duration based on the factors below.
- Financial Needs and Resources of Each Spouse
- Marital Standard of Living
- Length of the Marriage
- Age and Health of Each Spouse
- Earning Capacity and Education of Each Spouse
- Contributions of Each Spouse to the Marriage
- Marital Misconduct
Legal Tip
Child Custody
Child Custody may be awarded to either parent and include any combination of joint, shared, or sole custody to promote the children’s best interests.
When determining the best interests of the child, the following factors may be taken into consideration by the court:
- The quality of the relationship each child has with each parent
- The ability of each parent to provide adequate care for each child
- The relative competency and fitness of each parent
- Each parent’s willingness to accept all responsibilities of parenting
- How the parents and each child can best maintain and strengthen a relationship with each other
- The ability and willingness of each parent to allow the other to provide care without intrusion
- 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
Child Support
Child support is determined by using the “income-shares” model, meaning that the combined incomes of both parents are taken into consideration for setting the level of support. The child support obligation that results shall be divided between the parents in proportion to each parent’s net income.
To Obtain an Estimate of Child Support Use The Wyoming Child Support Interactive Calculator
The court may deviate from the child support tables if it finds that the support would be unjust or inappropriate.
Deviation factors may include:
- The age of the child
- The cost of childcare
- Any special health or educational needs of the child
- The payment of child support for children outside the marriage
- Cost of visitation transportation
- The ability of either parent to furnish health insurance through employment benefits
- The amount of time the child spends with each parent
- And necessary expenses for the child’s benefit
- Whether either parent is voluntarily unemployed or underemployed, in such cases, the child support will be computed based on the potential earning capacity of that parent.
Legal Name Change
In Wyoming, you can change your name to a former name, such as the spouse’s maiden name, during the divorce process.
In most cases, you must include your Name Change Request in the divorce complaint. When filing the divorce complaint, the spouse seeking the name change should include their specific request for the court to restore their former name.
The judge will generally grant the name change request as part of the final divorce decree as long as there’s no evidence of fraudulent intent, such as trying to avoid a legal debt. Once the divorce decree is issued, it serves as legal documentation of your name change.
Your name can be changed after the divorce has been finalized by retaining a legal service to petition the court for a name change.
Video Information On Wyoming Marital Settlement Agreement Forms:
Wyoming Child Support Services
Child Support Enforcement
2300 Capitol Avenue
Hathaway Building
5th Floor, Suite C
Cheyenne, Wyoming 82002
Office: (307) 777-6948
Fax: (307) 777-5588
Wyoming Divorce Courts
The district courts are the trial courts of general, unlimited jurisdiction in the state. The district judges preside over domestic relations matters.
Sources and References:
Child Support and Interactive Calculator
Wyoming Legal Assistance and Legal-Help Forms
Wyoming Divorce Basics – Legal Aid
