What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Wyoming Divorce Records
- What Are the Residency Requirements for Divorce in Wyoming?
- What Are the Grounds for Divorce in Wyoming?
- How Much Does It Cost to File for Divorce in Wyoming?
- How Long Is the Waiting Period for Divorce in Wyoming?
- How To File for Divorce in Wyoming
- Are Divorce Records Public in Wyoming?
- How To Get Certified Copies of a Divorce Decree in Wyoming?
- Divorce Settlement: Is Wyoming a 50/50 State?
- FAQs about the Divorce Process in Wyoming?
Wyoming Divorce Records
Wyoming has a divorce rate of 3.3 for every 1,000 people, which is higher than the national average of 2.4 per 1,000. This means that marriages in Wyoming are more likely to end in divorce than in most other states. Additionally, data shows that divorce rates in the state are higher among African American couples and lower among Asian couples.
Wyoming divorce records are created and maintained by the state's District Courts. There are two main types of divorce records in Wyoming, and they include:
- Divorce Decree: this document contains a detailed summary of the judgment, conditions, and agreements in a divorce
- Divorce Certificate: this document confirms the finalization of a divorce.
Most Wyoming divorce records are confidential and exempt from public disclosure. Access to these records is restricted to parties involved in the case or individuals with a valid court order.
What Are the Residency Requirements for Divorce in Wyoming?
W.S. § 20-2-107 outlines the residency requirements for divorce. Per this law, no divorce shall be granted unless one of the parties has lived in the state for 60 days before filing the complaint. Additionally, an individual can file for divorce if their marriage was solemnized in Wyoming and one of the parties has resided in the state from the time of marriage until the filing of the complaint.
What Are the Grounds for Divorce in Wyoming?
Wyoming is primarily a no-fault state, meaning that the plaintiff does not need to provide a reason for the divorce or show that one party is blameworthy for the breakdown of the marriage. To get a divorce in Wyoming, you only need to show that there are irreconcilable differences in the marriage (W.S. § 20-2-104). A court will grant your divorce if it determines irreconcilable differences in the marriage and there is no hope for reconciliation.
Aside from irreconcilable differences, divorce can be granted on the grounds of incurable insanity. However, this only applies if the insane party has been confined in a mental hospital for at least two consecutive years immediately before the commencement of the action.
How Much Does It Cost to File for Divorce in Wyoming?
Filing for a divorce in Wyoming costs around $160, excluding additional costs usually involved in the divorce process. These costs include:
- Attorney fees
- Mediation or counseling fees
- Experts witness fees
- Child support calculations
- Joint debts
With these additional costs, the total average cost of getting a divorce in Wyoming is $9,000. This is slightly lower than the national average of $9,970 but higher than neighboring South Dakota, where the average cost of divorce is $8,500.
How Long Is the Waiting Period for Divorce in Wyoming?
Wyoming does not impose a mandatory waiting period after a divorce is granted before it becomes final. However, a divorce will not be final until the judge signs the divorce decree and it is filed with the Clerk of the Court. Note that this process may take time if the judge requires changes to the proposed decree. It is best to verify with the Clerk's Office that the decree has been stamped.
How To File for Divorce in Wyoming
Filing for a divorce in Wyoming generally begins with determining your eligibility to file in the state and the type of divorce you wish to file for. A divorce action in Wyoming begins with filing a complaint for divorce with the Clerk of the District Court located in your county of residence. Once your complaint is filed, a civil action number is assigned to your case, and an official court fine is opened.
After filing your complaint, you must formally send the documents to your spouse. This is called the service of divorce papers. You can file a complaint for divorce and summons with your spouse using a sheriff. However, your spouse may complete and sign an acknowledgment and acceptance form indicating that they are aware of the divorce petition and summons.
Generally, your spouse has 20 days to respond to the complaint for divorce. If they fail to respond to the complaint within 20 days, you may inform the court and obtain a divorce decree based on default. If your spouse responds and also files a counterclaim, you must respond to the counterclaim within 20 days.
After you respond to the counterclaim, the court requires you and your spouse to disclose financial assets and all debts owed individually or jointly.
If you and your spouse agree on the divorce terms, the divorce will be granted. However, if you and your spouse do not agree on all issues, the case will proceed to a trial decided by a judge.
The Wyoming court system offers family law information and instruction guides that provide more information on how to file a divorce in the state.
Are Divorce Records Public in Wyoming?
Divorce records are generally considered confidential in Wyoming. Most divorce record information is sealed by default and not open for public copying and inspection. In addition, divorce certificates in the state are sealed for 50 years starting from the date of the divorce before they become public. Access to most divorce records in the state is restricted to parties in the divorce or individuals with a valid court order. However, anyone can access other relevant information in a divorce case, such as a copy of a divorce motion and summons.
How To Get Certified Copies of a Divorce Decree in Wyoming?
A divorce decree is a detailed summary of the divorce judgment. Unlike a divorce certificate, which only contains basic information about the divorce, such as the names of the parties and the date of the divorce, a divorce decree usually contains a judgment, terms of the divorce, and any agreement reached by the couples.
Divorce decrees are maintained by the District Court that handles a divorce case. These records are available at the courthouse where the case was filed. You can obtain certified copies of the divorce decree by visiting the courthouse. Wyoming District Courts do not provide remote access to divorce decrees and other records.
Divorce Settlement: Is Wyoming a 50/50 State?
In a divorce proceeding, the court usually divides a couple's marital property and debt to limit the financial consequences of the divorce. Wyoming courts adopt an equitable approach to the division of marital property, which considers the respective merits of both parties, who acquired the property and how, and the conditions in which the divorce will leave each party. However, the court will not consider any federal disability benefits received by a veteran as part of marital property.
FAQs about the Divorce Process in Wyoming?
Here are answers to frequently asked questions about the divorce process in Wyoming.
How Do I Modify a Divorce Decree in Wyoming?
Per W.S. § 20-2-204, you can modify aspects of a divorce decree such as child care, visitation, and custody. You can also modify divorce judgment concerning spousal support. An action to modify child care, custody, and visitation begins when you file a petition to modify with the court that handled the divorce. Once a petition has been filed, you must serve your spouse documents of the petition, who is then expected to respond to the petition. Remember to file a proof of service with the court after your spouse receives the documents.
Upon receiving the documents, your spouse may respond with a counterclaim. When this happens, the court will ask both parties to disclose and exchange their financial assets and liabilities.
After that, you and your spouse must complete a confidential financial affidavit. If, after these processes, you and your spouse agree to modify the decree, the court will grant the petition. However, the case will proceed to trial if you and your spouse disagree. Note that you must show that a material change in circumstances has occurred since the initial order in question and that the modification would be in the children's best interest.
How Do I Enforce a Divorce Decree in Wyoming?
W.S. § 20-2-204 allows you to seek enforcement of a divorce decree if your spouse fails to comply with the initial court order. To enforce a divorce decree, you must file a petition with the District Court that handled the divorce. Per W.S. § 20-2-310A, you must serve your spouse a copy of the petition.
Once your spouse responds to the petition, the court may require them to appear before the court and show just cause why they should not be held in contempt. Upon reviewing the matter, if the court determines that your spouse willfully violated a court order, the court will find them in contempt. The court may also require your spouse to pay attorney fines and other applicable fees you paid during the petition.
What Are the Restrictions to a Divorce Decree in Wyoming?
Wyoming domestic relations law allows parties in divorce to modify child-related and spousal support aspects of divorce decrees, such as child custody and visitation, child support, and alimony.
Can I Efile My Divorce in Wyoming?
Wyoming currently offers e-filing services for divorce cases via the file and servexpress portal. However, this system can only be used by state-licensed attorneys. Users are required to create a personal account to access the portal. Except in situations where you represent yourself or in District Courts that have not fully implemented the file and ServExpress portal, e-filing district court cases is mandatory in Wyoming.
How Do You Serve Divorce Papers in Wyoming?
Wyoming allows several service options in domestic relation cases. Generally, your service option depends on your current relationship with your spouse. If you and your spouse still communicate properly, you may hand them the divorce papers with an acknowledgment and acceptance of service form. In this case, they must sign the acknowledgment and acceptance of service form showing they received the divorce papers.
However, if you are no longer in close contact with your spouse, you may contact a process server or sheriff where your spouse lives to serve them the divorce papers. In any case, the process server or sheriff must return a completed proof of service to you.
Does Wyoming Mandate Couples To Participate in Divorce Mediation/Counseling?
No, there is no mandatory requirement for mediation or counseling during a divorce in Wyoming. However, a judge may order a couple to participate in mediation when they disagree on most issues concerning their divorce. The State of Wyoming does not consider any resolution during a divorce through mediation mandatory.
How Does Wyoming Calculate Alimony?
Alimony is the financial support one party in a divorce pays another to limit the financial strains caused by the divorce. Wyoming does not have a specific formula for calculating alimony; however, judges ensure that the amount awarded as alimony and the duration it will last is fair to both parties. Several factors influence how alimony is awarded in the state, such as:
- The age and health of the couple
- The length of the marriage
- The income and employability of both parties
- Lost economic opportunities during the marriage
- Each party's contribution to the marriage
Once awarded, alimony may be modified or terminated under the following circumstances:
- The death of either spouse
- Severe health issues
- Substantial changes in circumstances
- The paying spouse reaches retirement age
How Do I Access Historic Divorce Records in Wyoming?
Divorce records may be used to confirm that someone in your family got a legal divorce from their spouse at a particular place and time. Wyoming began to maintain divorce records in 1941. Before 1941, divorce records were available in each county's District Court file. You can contact the District Court that handled the case to access historic divorce records.
