Divorce

A divorce is a way of legally ending a marriage. This handout provides an overview of Wyoming divorce procedures. A divorce judgment will legally decide:

• The date your marriage ends;
• Who gets custody of the children and when the other parent sees them;
• Who pays child support and how much;
• Who will pay health insurance for the children;
• Who should pay past bills;
• How property (including retirement benefits and a home) will be divided; and
• Whether one spouse will pay spousal support (alimony) to the other.
• It can also restore the wife’s maiden name if she chooses to do so.

Wyoming has “no fault” divorce which means you don’t need to give a specific reason to get a divorce.The only reason you need is that you and your spouse cannot get along, and you see no way of settling your problems. The law calls this “irreconcilable differences.” Wyoming law also says that one of the parties is “aggrieved” and that is usually the person who either asks the court for the divorce or is legally granted the divorce if both people ask for the divorce.

The law allows you to get a divorce without a lawyer. Many people file for divorce on their own. Other people choose to hire a lawyer to help with everything in their case or just to help with certain parts, like helping with the documents for court.

If you and your spouse agree about all the terms of the divorce, then you may be able to complete much of the divorce paperwork yourself. However, you may will still want advice from a lawyer. If you and your spouse don’t agree, or if there are complicated issues in your case, you may want help from a lawyer.

The forms for a divorce are available in the Self-Help section. You only need to fill out the forms that apply to your situation. Read the instructions before completing any forms. Before you file the divorce papers, you may want to ask a lawyer to review them, if possible.

If your spouse has a lawyer, you may want to get one too. Click here for help finding a lawyer.

If you decide to get a lawyer, make sure you understand how much the lawyer charges and what he or she will do for you. Don’t be afraid to ask questions.

You may be able to find a lawyer who will let you pay a certain amount each month or who will charge you a lower fee. If you need names of lawyers who may do this, you can call the Wyoming State Bar Lawyer Referral Service at 307-432-2107.

If you or your spouse have lived in Wyoming for at least 60 days you can file for divorce in Wyoming. You can file for divorce in the county where you live or the county where your spouse lives, if different. If you used to live here but moved away, you or your spouse must live here again for at least 60 days before you can file here.

If there are children of the marriage: The court can make custody decisions only if your children have lived in Wyoming for six (6) months or if it has emergency jurisdiction. Without an emergency situation, if you relocate to Wyoming with children of the marriage, you may have to wait at least six (6) months before filing for divorce. Click here for more information about child custody. If you think you have an emergency situation, you should talk to a lawyer. Click here for help finding a lawyer.

There are three things you need to do to start a divorce:
You must file certain forms with the Clerk of the District Court at the courthouse. One of these forms is called a Complaint for Divorce. This is what officially tells the court that you and your spouse want a divorce.
You must have certain, required documents, including the complaint, given specifically to your spouse. This is known as having the divorce papers “served on” your spouse. It is the official way to tell your spouse that you have started the divorce process. It also gives some idea of what you want from the divorce but complaints for divorce aren’t very detailed.
You must pay the court fees to file a divorce complaint and also pay any fee charged for serving your spouse. If you cannot afford these fees, you can request a fee waiver. You can find the form to file to request a fee waiver in the Self-Help Forms (Packet 10 in the Family Law forms).

If a lawyer is handling your divorce, they will have the divorce papers served on your spouse. If you are using the Self-Help Forms, the instructions or “Steps” will tell you what you need to do. There are several ways to serve your spouse:
Your spouse can agree to sign papers that say he or she has been served;
Otherwise, your spouse must be served personally by either the Sheriff or another adult (not you or your children); or
You must use other ways if your spouse lives outside of Wyoming, or you do not know where your spouse is. See the instructions in the divorce packets in the Self-Help Forms section.

If you agree with everything in the divorce complaint, you don’t have to respond. However, even if you agree with everything, it is usually best to answer the complaint in order to receive notices about the case and to protect your interests. If you fail to answer, you will not receive any further notice about the case until the Judge orders a default judgment.

If you want to challenge any of the terms listed in the complaint, including custody of children or how property will be divided, you must file a written answer with the court. There is no fee to file an answer in a divorce case.
If you were served with the divorce papers in Wyoming, you have 20 days to file your answer with the court.
If you were served with the divorce complaint in another state, you have 30 days to answer.

NOTE: If you do not answer the complaint by the required time, the court can enter a divorce judgment in favor of the person who filed the complaint. This is called a “Default Judgment” and means your spouse may get everything they asked for.

If you have any questions about this or about what your choices are, contact a lawyer or a legal services office as soon as possible. If you cannot find a lawyer or choose to represent yourself, you can find forms and instructions for answering a divorce complaint in the Self-Help Forms section.

You will have to pay a filing fee at the Clerk of District Court in the county where you file. You will also have to pay any fee charged for serving your spouse. The District Court Clerk at your local courthouse can tell you what the fees are.  If you cannot afford these fees, you can request to have the fees waived.  You can find the form to file to request a fee waiver in the Self-Help Forms (Packet 10 in the Family Law forms).

In Wyoming you have to wait at least 20 days after you file the papers to get a divorce, but most take longer. The more things you and your spouse disagree about, the longer it will take. Also, if you ask for temporary child custody or support, that can mean more hearings and more time until the divorce is final.

Mediation is when you and your spouse meet with a mediator (person might be a counselor, lawyer or retired judge) in an attempt to agree on issues such as child custody, support, visitation and property and debt division. A judge may order you and your spouse to do mediation before coming to court or setting a divorce trial. If you are worried about mediation because of safety or other concerns, let the court know.

Although the judge may order you and your spouse to do mediation, you are never required to reach an agreement at mediation.

Sometimes a judge or lawyer asks that a lawyer be appointed as a guardian ad litem, or “GAL”, in a custody case. The GAL doesn’t represent you or your spouse but, instead, helps to figure out what is best for your child or children. This might include who should get custody, how visitation should work, etc. Some courts make you and your spouse pay for the GAL. If you are worried about having a GAL because of safety, expenses or other concerns, let the court know.

If you didn’t respond within the required time and a default was entered against you, you may be able to request the court to set aside (cancel) the default if a final order hasn’t been entered in your case.

You can ask the court to cancel the default by filing a Motion to Set Aside Default.  You can use the Motion form in the Family Law Forms, Packet 10 in the Self-Help Forms section of this website.

If you need the court to make a temporary or emergency order while the case is pending, you will need to file a motion to ask the judge to enter an order while the case is pending.  It is up to the judge whether to grant the motion asking for a temporary or emergency order.

If you need to make a motion for a temporary or emergency order, you can use the Motion form in the Family Law Forms, Packet 10 in the Self-Help Forms section of this website.

If the other party filed a motion and you don’t agree with what they are asking for, you can file a Response to the Motion to explain what you don’t agree with and why.  You can find a Response to Motion form on the Self-Help Forms section of this website in the Family Law Forms, Packet 10.

You might be able to get short-term orders until your divorce if final for things like child custody, spousal and/or child support, visitation and expenses before your divorce trial. A custody decision may be made before a decision on any other issue. How long it will take to have a hearing scheduled depends on the court. If you are seeking a temporary order until a final order is made by a judge, you may want to get advice from a lawyer. Click here for help finding a lawyer.

If you filed for divorce and your spouse hasn’t been served yet or hasn’t filed an answer, you can file a Motion to Dismiss Action to dismiss the case.  If your spouse filed an Answer and Counterclaim after you filed for divorce, your spouse will have to agree to dismiss the divorce.

You can find a Motion to Dismiss Action form in the Self-Help Forms section of this website.  Click on Family Law Forms and then go to Packet 10.

A legal separation is a court order that decides who gets the children, who pays support for the children, whether spousal support is ordered, and who gets what property. You might want a legal separation if your religious beliefs don’t allow divorce or if you or your spouse needs to be covered by the other’s medical insurance. A legal separation costs about the same as a divorce. Filing for legal separation does not prevent a divorce from being filed.

The main difference between a legal separation and a divorce is that you are still married after a legal separation.

If you have more questions about the difference between a divorce and a legal separation, you should seek advice from a lawyer. Click here for help finding a lawyer.