Posted by DivorceLine in Wyoming Free Divorce Information & Family Law
Wyoming law permits divorces based upon irreconcilable differences (no-fault)and upon either spouse being confined to mental institution for two years because of incurable insanity. 20-2-104, 20-2-105 Residency Requirements Wyoming law requires that the party seeking the divorce must have resided in Wyoming for a minimum of sixty (60) days prior to the filing of the complaint, 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. 20-2-107
Legal Separation Wyoming law permits a party to seek a judicial separation, permitting the parties to live to live separate and apart from each other without terminating the marital relationship. The party seeking the separation must meet the same conditions set forth for a divorce to be issued, but rather than praying for a divorce, the party must request to be allowed to live separate and apart from the offending spouse. 20-2-106 » Return to top Waiting Period Wyoming law requires that no decree of divorce may be final unless and until twenty (20) days have elapsed from the time of the filing of the complaint. 20-2-108 Alimony/Support Wyoming law permits the courts to require one party to a divorce action to pay any sum necessary for the support of the other party during the pendency of the action. Wyoming also permits the courts to order that either party must provide alimony to the other spouse after the marriage is terminated, taking into consideration such factors as the respective merit of each party and how each party will be left by the divorce. After a decree ordering alimony has been issued, the court may from time to time revisit the issue and revise the decree upon petition to the court. 20-2-114
Distribution of Property Wyoming is an equitable distribution state. Equitable distribution means that the marital property of the parties will be distributed among the parties in a manner the court determines to be equitable and just, not necessarily equally among the parties. 20-2-114 » Return to top Child Custody If there are children of the marriage, the court, in granting the decree of divorce, may make any order regarding the custody of the children that is in their best interests. Factors the court may consider in reaching a determination of best interests of the child include such things as the quality of relationship each child has with each parent, the ability of each parent to provide care and support for the children, etc. The court shall not consider the gender of the parents when reaching a determination of custody. Every party in a custody proceeding must provide the court with the child’s present address, the places the child has lived in the past five (5) years and the name and addresses of the persons with whom the child lived with during that period. The parties shall further state whether he has participated in any litigation concerning custody of the child in this or any other state, whether he has information of any custody proceeding concerning the child in this or any other state, and whether he knows of any other person not a party to the present proceeding who has a claim of custody or visitation.
Child custody may be any combination of joint, shared or sole custody. Unless otherwise ordered, the noncustodial parent shall have equal access to any records relating to the child of the parties, including but not limited to school records, activities, medical and dental records. At any time, the court may require the parents to attend appropriate parenting classes, such as classes designed to lessen the effect of divorce upon children. 20-2-201
Child Support Child support in Wyoming shall be in a specific dollar amount, and the noncustodial parent’s share of the joint child support obligation shall be paid to the custodial parent through the clerk of court. Wyoming has child support tables which establish the presumptive amount of child support to be paid, which is presumed to be the correct amount. Every order establishing child support must set forth the presumptive amount and state whether that amount is departed from in the decree. The court may only deviate from the presumptive amount upon a specific finding that the presumptive amount would be unjust or inappropriate, and the court’s reasons for so deviating shall be specifically set forth. The order shall also require either or both parents to medical support to the child. If the medical coverage is to come from health insurance provided through a parent’s employer, the employer is required to permit the parent to enroll the child under the parent’s coverage policy. Each party is required to file a financial affidavit with accompanying supporting documentation which fully discloses the financial status of the parties prior to any order establishing or modifying an award of child support. All child support orders shall include the social security numbers, dates and places of birth of the parties. The orders shall also include each party’s address, the name and address of each party’s employer, the name, social security number and birth date of each child to whom the order relates.
Any party may petition the court for a review and adjustment of a support order that is more than six (6) months old or has not been reviewed in six (6) months. The party seeking the review must allege that the amount of support would change by twenty percent (20%) or more form the existing order.
A child support obligation terminates upon the remarriage of the parents, the death of the child, the emancipation of the child or when the child reaches the age of majority. 20-2-304
Name change Although there is no statutory provision relating to the change of a spouse’s name upon divorce, Wyoming does have a general statutory provision relating to name change upon petition to the court. 1-25-101
