Wyoming Divorce Procedures

Wyoming Divorce Procedures

Complete overview of Wyoming divorce laws for people considering a Wyoming divorce or filing a Wyoming divorce with issues to be resolved about child custody, child support, visitation and alimony.

Wyoming Divorce Residency Requirements

In order to file your Complaint for Divorce in Wyoming, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Wyoming residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

No divorce shall be granted unless the plaintiff has resided in this state for sixty (60) days immediately preceding the time of filing the complaint, or the marriage was solemnized in this state and the plaintiff has resided in this state from the time of the marriage until the filing of the complaint. A married person who at the time of filing a complaint for divorce resides in this state is a resident although his spouse may reside elsewhere. A divorce may be filed in the district court of the county in which either party resides. (Wyoming Statutes – Title 20 – Chapters: 20-2-104, 20-2-107 and 20-2-108).

Wyoming Grounds for Divorce

The Complaint for Divorce is the initial document filed with the Wyoming court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The court may decree a divorce on one of the following grounds :

No-Fault Based Grounds:
Irreconcilable differences.

Fault Based Grounds:
Incurably insane and in a mental hospital of the state for a period of at least 2 years prior to filing. (Wyoming Statutes – Title 20 – Chapters: 20-2-104, 20-2-105).

Wyoming Uncontested Divorce

This information is an overview of the uncontested Wyoming divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Wyoming.

To file for a divorce in Wyoming, 1) the filing spouse must be a resident of the state for at least 60 days before initiating the action or 2) the marriage must have happened in the state and the filing spouse must have resided there from the time of the marriage until the time of the action.

The grounds for divorce are No-Fault, which means irreconcilable differences. The only other ground is incurable insanity for two years.

The filing spouse is called the Plaintiff; the responding spouse is called the Defendant.

Actions are filed in the District Court, which is the county court.

The grounds for a legal separation are the same as the grounds for a divorce.

When both spouses agree to the divorce, the Plaintiff in a divorce action for a marriage with no children must file the following forms:

> A Vital Statistics Form, DNCP 4, which records the divorce for the state’s records (with the decree section left blank until the Decree is signed by the judge);

> A Complaint for Divorce, DNCP 5, which petitions the court to grant the divorce;

> A Summons in Civil Action, DNCP 6, which informs the Defendant of his or her rights in the action;

> An Affidavit for Divorce Without Appearance of the Parties, DNCP 24, which asks the court to grant the divorce without a hearing;

> A Decree of Divorce, DNCP 26, which is the instrument granting the divorce and which spells out the terms and conditions of the division of assets and liabilities of the marital estate.

The Plaintiff has 90 days after filing the papers with the clerk of the District Court to serve the divorce papers on the spouse. When the spouses agree, the Plaintiff may serve the Defendant himself or herself if he or she signs an Acknowledgement and Acceptance of Service, DNCP 7, in front of a notary, which is in turn filed with the clerk. This route requires that the Plaintiff wait 20 days after presenting the Complaint before presenting the Decree of Divorce to the court for action.

Otherwise, one of these four methods must be used to serve the divorce papers:

> Service by the Wyoming Sheriff, which is done for a fee in the county where the Defendant resides. The sheriff sends back a Return of Service, which is filed with the clerk and certifies that the Defendant has been properly served;

> Service by a Private Party, in which a competent adult who is not party to the action delivers the papers to the Defendant and a Return of Service is filed with the clerk;

> Service by Certified or Registered Mail, which permits the clerk to mail the Complaint and Summons certified or registered mail. This requires that the Plaintiff file with the clerk an Affidavit to Allow Service by Registered or Certified Mail, DNCP 10;

> Service by Publication, which may be used “when the Defendant is a nonresident of the state, or the Defendant’s residences cannot be ascertained, or the Defendant keeps concealed to avoid service of the process.” Before Service by Publication can be undertaken, however, the Plaintiff must file an Affidavit to Allow Service by Publication, DNCP 10, which details the diligent efforts made to locate the missing party. If the Defendant’s address is known, it must be stated in the published notice. Publication must be in a newspaper that has been published for at least a year prior to the first notice, have a paid circulation of at least 500, and each page must be at least 10 inches by 12 and 1/2 inches. The notice must be published once a week for four consecutive weeks. Thirty days after the last date of publication, the Plaintiff must file an Affidavit Following Service by Publication, DNCP 11, which certifies to the court that the notice was published.

If the Defendant is in Wyoming and served in any manner other than by Publication, he or she has 20 days to file an Answer. If he or she is outside of Wyoming or was served by publication, he or she has 30 days to file an Answer. Time limits exclude the first day, Saturdays and Sundays and legal holidays.

If there is no response by deadline, the Plaintiff may file for a default divorce. This requires that the Plaintiff file

> An Application for Entry of Default, DNCP 13, which asks the court to grant the divorce by default;

> An Affidavit of Plaintiff in Support of Default, DNCP 14, which supports the Plaintiff’s allegations that default is justified.

Some Wyoming counties will not enter a Default Divorce Decree unless there is a hearing. In those counties, the Plaintiff must file a Motion to Set Hearing/Trial, DNCP 23. At this hearing, the Plaintiff must attest that he or she has lived in Wyoming at least 60 days prior to filing the Complaint for Divorce. At this hearing, he or she must present a Decree of Divorce, DNCP 26.

When both parties agree on all issues, both the spouses sign the Decree of Divorce and both normally appear at a short hearing.

When couples do not agree on all issues, the Defendant may file an Answer and Counterclaim, DNCP 5, which disagrees with allegations and requests in the Complaint. The Plaintiff has 20 days to file a Reply to the Counterclaim, DNCP 12. Failure to do so means the Defendant can seek a default divorce against the Plaintiff and may get what he or she wants as spelled out in the Counterclaim. An Answer and Counterclaim may be a preliminary to a contested divorce. Judges, however, may order that the parties appear before a mediator, a neutral third-party who will attempt to resolve the issues.

Many of the forms used in a divorce with minor children are the same as those used in a divorce without children. Service must be made in the same way, too.

When divorcing couples with children are in agreement, they must file a Vital Statistics Form, DWCP 4, Complaint for Divorce (with Children), DWCP 5 and a Summons in a Civil Action, DWCP 6. In addition, they must also file the following:

> A Confidential Financial Affidavit, DWCP 12, which must be completed by each spouse and which profiles incomes and expenses of each and provides information about the minor children of the marriage;

> An Order Requiring Completion of Financial Affidavits, DWCP 13, which requires that each party provide financial information (W-2s and pay stubs) for the last two years;

> An Income Withholding Order, DWCP 20, which stipulates the amount and the terms and conditions of child support;

> Notice to Payor, DWCP 21, which orders the payor’s employer to deduct and forward to the Wyoming Disbursement Unit child and spousal support and medical insurance payments;

> Affidavit for Divorce Without Appearance of Parties, DWCP 31, which is used when the parties have reached an agreement and both have signed the Decree of Divorce;

> A Confidential Statement of Parties for Child Support Order, DWCP 33, which provides confidential information necessary to comply with the Child Support Enforcement Act.

> A Decree of Divorce with Minor Children, DWCP 34, which is the instrument of the divorce and is signed by both spouses and details the terms and conditions of the parenting plan, spousal and child support, visitation.

> A Certificate of Mailing Decree of Divorce, DWCP 37, which certifies the mailing of the divorce decree.

The protocols for default and a contested divorce that apply to a marriage without children also apply to a marriage with children.

Wyoming Simplified Divorce Procedures

A sample Complaint for Divorce form is contained in Wyoming Rules of Civil Procedure, Appendix of Forms, Form #15. Financial Affidavits are required to be filed by both parents if child support is an issue in the case. [Wyoming Rules of Civil Procedure; Appendix of Forms, Form #15 and Wyoming Statutes Annotated; Chapter 200-2-308].

Wyoming Property Division Factors

In Wyoming, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the District Court within the Decree of Divorce.

Wyoming is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the District Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the District Court to be fair.

The court shall make such disposition of the property of the parties as appears just and equitable considering the follwoing factors: 1. having regard for the respective merits of the parties and the condition in which they will be left by the divorce 2. the party through whom the property was acquired and the burdens imposed upon the property for the benefit of either party and children. (Wyoming Statutes – Title 20 – Chapters: 20-2-114).

Wyoming Spousal Support/Maintenance/Alimony Factors

In Wyoming the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows:

The court may grant either spouse reasonable permanent or temporary alimony out of the estate of the other having regard for the other’s ability to pay and may order so much of the other’s real estate or the rents and profits thereof as is necessary be assigned and set out to either party for life, or may decree a specific sum be paid by either party. (Wyoming Statutes – Title 20 – Chapters: 20-2-114).

Wyoming Child Custody Factors

In Wyoming, the court will always attempt to make a child custody and visitation decision that is best for the children by addressing the following factors:

(1)  The quality of the relationship each child has with each parent;

(2)  The ability of each parent to provide adequate care for each child throughout each period of responsibility, including arranging for each child’s care by others as needed;

(3)  The relative competency and fitness of each parent;

(4)  Each parent’s willingness to accept all responsibilities of parenting, including a willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times;

(5)  How the parents and each child can best maintain and strengthen a relationship with each other;

(6)  How the parents and each child interact and communicate with each other and how such interaction and communication may be improved;

(7)  The ability and willingness of each parent to allow the other to provide care without intrusion, respect the other parent’s rights and responsibilities, including the right to privacy;

(8)  Geographic distance between the parents’ residences;

(9)  The current physical and mental ability of each parent to care for each child;

(10)  Any other factors the court deems necessary and relevant. (Wyoming Statutes – Title 20 – Chapters: 20-2-104, 20-2-107 and 20-2-201).

Wyoming Child Support Factors

Either parent may be ordered to pay child support. A trustee may be appointed to invest the support payments and apply the income to the support of the children. Child support payments shall be ordered to be paid through the clerk of the district court. A court may order income withholding to guarantee any child support payments. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Deviation from the guidelines will be allowed after a consideration of the following factors: (1) the age of the child; (2) the cost of necessary childcare; (3) any special health care or educational needs of the child; (4) the responsibility of either parent for the support of others; (5) the value of services contributed by either parent; (6) any pregnancy expenses; (7) visitation transportation costs; (8) the ability of parents to provide health insurance through employment benefits; (9) the amount of time the child spends with each parent; (10) other necessary expenses for the child’s benefit; (11) the relative net income and financial condition of each parent; (12) whether a parent has violated any terms of the divorce decree; (13) whether either parent is voluntarily unemployed or underemployed; and (14) any other relevant factors. [Wyoming Statutes Annotated; Title 20, Chapters 20-2-303 to 20-2-308].

Wyoming Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted if the child’s parents are divorced or if the grandparent’s child has died and the person having custody of the grandchild has refused visitation. Visitation may also be granted when the child has resided with the grandparent for a period of at least six months before returning to the custody of the parents and the parents have refused visitation with the child. The court must find that the visitation is in the child’s best interest and that the rights of the parents are not substantially impaired. Title 20, Chapter 7, Section 20-7-101 (W.S.A. § 20-7-101). (This is a fairly recent law, so you may have difficulty finding it. If so, ask the librarian for help. When the editors went to check this citation, it was listed in the index but the text of the statute counld not be found.)

When Adoption Occurs: Right terminates upon adoption if neither adopting parent is a natural parent of the child.

Child Custody Statutes: Custody to be determined “…as appears most expedient and beneficial for the well-being of the children. The court shall consider the relative competency of both parents and no award of custody shall be made solely on the basis of gender of the parent.” No other statutory factors. W.S.A. §20-2-113.

Parents May Choose: Yes.

Wyoming Military Divorce Laws

A Wyoming military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From Wyoming Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Wyoming court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Wyoming court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

- You or your spouse must reside in Wyoming
- You or your spouse must be stationed in Wyoming

Grounds for Wyoming Military Divorce

The grounds for a military divorce in Wyoming are the same as a civilian divorce.

Dividing the Property

Along with the normal Wyoming property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The 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

In Wyoming, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Wyoming child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

Wyoming Child Support Guidelines

The Wyoming child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Wyoming child support order.

Wyoming Child Support Guidelines

Income Share Model *: YES
Percent of Income Model *: NO
Worksheets Available: YES
Extraordinary Medical Expenses Add on: NO
Childcare Add on: NO
Secondary Education Support: NO
UIFSA: YES

* The Income Shares Model: Wyoming child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the Wyoming child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.

For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.

As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.

For example: It is not common for a custodial parent to be paying support to a non-custodial parent.

Wyoming Child Support Definitions

Definition of Income

“Income” means any form of payment or return in money or in kind to an individual, regardless of source. Income includes, but is not limited to wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability, permanent partial disability and permanent total disability worker’s compensation payments, unemployment compensation, disability, annuity and retirement benefits, and any other payments made by any payor, but shall not include any earnings derived from overtime work unless the court, after considering all overtime earnings derived in the preceding twenty-four (24) month period, determines the overtime earnings can reasonably be expected to continue on a consistent basis. In determining income, all reasonable unreimbursed legitimate business expenses shall be deducted. Means tested sources of income such as Pell grants, aid under the personal opportunities with employment responsibilities (POWER) program, food stamps and supplemental security income (SSI) shall not be considered as income. Gross income also means potential income of parents who are voluntarily unemployed or underemployed;

“Net income” means income as defined in paragraph (ii) of this subsection less personal income taxes, social security deductions, cost of dependent health care coverage for all dependent children, actual payments being made under preexisting support orders for current support of other children, other court-ordered support obligations currently being paid and mandatory pension deductions. Payments towards child support arrearage shall not be deducted to arrive at net income.

Presumptive Child Support

(a) Child support shall be expressed in a specific dollar amount. The following child support tables shall be used to determine the total child support obligation considering the combined income of both parents. The appropriate table is based upon the number of children for whom the parents share joint legal responsibility and for whom support is being sought. After the combined net income of both parents is determined it shall be used in the first column of the tables to find the appropriate line from which the total child support obligation of both parents can be computed from the third column. The child support obligation computed from the third column of the tables shall be divided between the parents in proportion to the net income of each. The noncustodial parent’s share of the joint child support obligation shall be paid to the custodial parent through the clerk of court.

(b) Where the combined income of the custodial parent and the noncustodial parent is less than seven hundred thirty-two dollars ($732.00), the support obligation of the noncustodial parent shall be twenty-five percent (25%) of net income, but in no case shall the support obligation be less than fifty dollars ($50.00) per month for each family unit in which there are children to whom the noncustodial parent owes a duty of support.

(c) When each parent keeps the children overnight for more than forty percent (40%) of the year and both parents contribute substantially to the expenses of the children in addition to the payment of child support, a joint presumptive support obligation shall be determined by use of the tables. After the joint presumptive child support obligation is derived from column three of the tables, that amount shall be divided between the parents in proportion to the net income of each. The proportionate share of the total obligation of each parent shall then be multiplied by the percentage of time the children spend with the other parent to determine the theoretical support obligation owed to the other parent. The parent owing the greater amount of child support shall pay the difference between the two (2) amounts as the net child support obligation.

(d) When each parent has physical custody of at least one (1) of the children, a joint presumptive support obligation for all of the children shall be determined by use of the tables. The joint presumptive support amount shall be divided by the number of children to determine the presumptive support obligation for each child, which amount shall then be allocated to each parent based upon the number of those children in the physical custody of that parent. That sum shall be multiplied by the percentage that the other parent’s net income bears to the total net income of both parents. The obligations so determined shall then be offset, with the parent owing the larger amount paying the difference between the two (2) amounts to the other parent as a net child support obligation.

Definitions:

(a) “Act” – The federal Social Security Act.

(b)”AFDC” – Aid to Families with Dependent Children Program, formerly administered by the Department pursuant to Title IV-A of the Act.

(c) “Application” – Request for IV-D services.

(d) “Arrearage” – Past due child support which includes past due medical support, spousal support and child support related attorney and guardian ad litem fees, but excluding property settlements.

(e) “Assignment” – The assignment of rights to the state for past, present, and future child support payment(s) when an individual applies and receives AFDC or POWER.

(f) “Clerk” – Clerk of the district court of the judicial district in which child support has been ordered.

(g) “Consumer reporting agency” – A person or company which regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information about consumers for the purpose of furnishing consumer reports to third parties and uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

(h) “Contested case hearing” – Any administrative hearing conducted pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-102, W.S. 9-2-2104(a)(vii), Office of Administrative Hearing Rules and DFS Contested Case Hearing Rules.

(i) “Cooperate” – Includes but is not limited to the following:

(i) appearing as necessary to provide verbal or written information or documentary evidence, known to, possessed by, or reasonably obtainable by the obligee;

(ii) appearing as a witness at judicial or other hearings or proceedings;

(iii) providing information or attesting to the lack of information;

(iv) paying to the child support agency any support payments received from the noncustodial parent that are covered by an assignment;

(v) as to Non-Public Assistance obligees, reporting any support payments received directly from the obligor or any source other than the collection point as designated in a court or administrative order for support;

(vi) helping to obtain support payments or other payments, benefits,or property due the recipient or child (e.g., filing for social security benefits for the child);

(vii) providing CSED with current address or telephone information;

(viii) providing CSED with a correct social security number;

(ix) notifying CSED if a private attorney is hired;

(x) giving CSED prior notice before entering into any agreement, waiver, stipulation, or modification that would affect the child support award or arrears; and

(xi) signing complaints and affidavits and providing testimony in court as needed.

(j) “CSED” – The Child Support Enforcement Division or other elements of the Department of Family Services; CSED is the IV-D agency for the State of Wyoming.

(k) “Custodial Parent (CP)” – A natural or adoptive parent who has legal custody of a child.

(l) “Department” – The Department of Family Services (DFS).

(m) “Disposable income” – Part of the income of any individual remaining after the deduction from total income of any amounts required by law to be withheld.

(n) “Division” – The Child Support Enforcement Division (CSED) of the Department of Family Services.

(o) “Duty of support” – An obligation to pay child or child and spousal support, imposed by law, order, decree, or judgment of any court or administrative agency, whether interlocutory or final or whether incidental to an action for divorce, separation, separate maintenance, or otherwise, and includes the duty to pay past due support and/or judgments for past due support and a duty to provide medical support.

(p) “Fair Credit Reporting Act” – The Fair Credit Reporting Act 15 United States Code 1681.

(q) “Federal Offset Program” – The service provided by CSED in cooperation with the federal government to intercept moneys due an obligor from the federal government for payment of overdue support owed.

(r) “Federal Parent Locator Service (FPLS)” – The Parent Locator Service operated by the federal Office of Child Support Enforcement, U.S. Department of Health and Human Services, pursuant to Section 453 of the Act.

(s) “Field office” – Refers to local Child Support Enforcement Division (CSED) offices located throughout Wyoming.

(t) “Foster care” – Substitute parental care of children unable to remain in their own home, provided by the Department, including room, board, supervision, and guidance.

(u) “Foster care maintenance” – Money paid by the state to meet the needs of a child in foster care.

(v) “IV-D Case” – A case eligible for child support services pursuant to Title IV-D, the child support enforcement act and related laws.

(w) “Initiating state” – State in which a proceeding pursuant to the Uniform Interstate Family Support Act (UIFSA), W.S. 20-4-139 through 20-4-189 or substantially similar law is commenced.

(x) “Income” – Any form of periodic payment or return in money to an individual, regardless of source, derived from the individual’s business, labor, capital investment, or property holdings. Income includes, but is not limited to, wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability, and permanent-partial disability workers’ compensation payments, unemployment compensation, disability, annuity and retirement benefits, and any other payments made by any payor.

(y) “Liability for support”- An obligation of support due a child who has been abandoned, neglected, or not adequately supported by any person legally responsible to provide such support, which includes child support, medical support and an ordered obligation to pay spousal support when a child support obligation is contained in the same order.

(z) “Medicaid” – Medical assistance under a state plan approved under Title XIX the Social Security Act.

(aa) “Noncustodial parent” – A natural or adoptive parent who does not have legal custody of a child.

(bb) “Non-Public Assistance (Non-PA)” – An individual who is receiving IV-D services and is not an active recipient of POWER or IV-E foster care, but may be receiving other types of assistance such as food stamps; Medicaid; unemployed parent program; foster care; or social services.

(cc) “Obligee” – Any person entitled to receive support under an order for support and includes the agency of this or another jurisdiction to which a person has assigned the right to support.

(dd) “Obligor” – A person owing a duty of support.

(ee) “OCSE” – Federal Office of Child Support Enforcement of the United States Department of Health and Human Services.

(ff) “PA” – Public Assistance – (The benefit provided by POWER or IV-E, and also refers to a IV-D case for recipients of these benefits.)

(gg) “Payor” – any person or entity owing money to an obligor.

(hh) “POSSE” – Parental Obligation System for Support Enforcement (The CSED computer system.)

(ii) “POWER” – Personal Opportunities With Employment Responsibilities Program.

(jj) “Records Review” – Review by CSED of the records concerning the obligations and payments of an obligor to determine current arrearages, if any.

(kk) “Responding state” – A state in which any responsive proceeding pursuant to the UIFSA is commenced.

(ll) “SPLS” or “State PLS” – The Parent Locator Service operated by CSED.

(mm) “SSI benefits” – Supplemental Security Income benefits.

(nn) “State” – A state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico and includes any foreign jurisdiction which has a URESA, UIFSA, or a substantially similar reciprocal law in effect.

(oo) “State plan” – The IV-D state plan for child and spousal support under Section 454 of the Act.

(pp) “Support order” – any order entered by a court or administrative agency of this or another state which orders support of a child or a child and a spouse, including medical support provisions.

(qq) “TANF” – Temporary Assistance for Needy Families Program – replaced AFDC (Aid for Dependent Children) under the Welfare Reform Act of 1996.

(rr) “Title IV-D (IV-D)” -Secton of the Act (42 U.S.C. 651 through 668) which establishes the Federal Child Support Enforcement Program.

(ss) “Title IV-E (IV-E)” – Section of the Act as amended (42 U.S.C. 670 through 676) which establishes the Federal Foster Care Program.

(tt) “UIFSA” – Uniform Interstate Family Support Act (W.S.20-4-139 et. seq.).

(uu) “URESA” – Uniform Reciprocal Enforcement Support Act.

Wyoming Divorce Definitions

This collection of definitions will help clarify some unique characteristics to the Wyoming Divorce laws, process and paperwork which is filed with the court.

Filing Party Title:
Plaintiff

The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title:
Defendant

The spouse who does not initiate the Divorce with the court.

Court Name:
In the District Court in and for ____________ County, Wyoming

The proper name of the court in which a Divorce is filed in the state of Wyoming. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Verified Complaint for Divorce

The title and name of the legal document that will initiate the Wyoming Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document:
Decree of Divorce

The title and name of the legal document that will finalize the Wyoming Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
District Clerk’s Office

The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

The grounds for legal separation are the same as for divorce. The spouse filing for legal separation must have been a resident of Wyoming for 60 days immediately prior to filing or the marriage must have been performed in Wyoming and the spouse filing must have resided in Wyoming from the time of the marriage until the time of the filing. The legal separation may be filed for in the county where either spouse lives. [Wyoming Statutes Annotated; Title 20, Chapters 20-2-102, 20-2-104, 20-2-106, and 20-2-107].

Property Distribution:
Equitable Distribution

The applicable Wyoming law that will dictate how property and debt is to be divided upon Divorce.

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