Wyoming

Divorce Law Guide

The facts about divorce in Wyoming

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Wyoming, a divorce can be completed on average in a minimum of 80 days, with court fees of $70.00. Unlike many states, Wyoming does not have any divorce residency requirements determining how long the appellant must have lived in Wyoming prior to filing for divorce.

On this page, you can learn about Wyoming's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Wyoming alimony calculation, the property division process and more.

In state of Wyoming a number of factors are taken into account when ending a marriage.

1. Wyoming Grounds for Divorce FAQ

Is Wyoming a no-fault divorce state?

Wyoming allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Wyoming may be "irreconcilable differences", or similar grounds.

Does Wyoming allow at-fault divorces?

In addition to no-fault grounds for divorce, Wyoming is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of Wyoming's at-fault divorce grounds, such as adultery, abuse, or insanity.

In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.

Does the state of Wyoming allow incompatibility as grounds for divorce?

Yes, Wyoming does allow incompatibility to be used as grounds for having a divorce.

Can you get a divorce in Wyoming for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

Wyoming does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Wyoming's accepted grounds for divorce.

2. Wyoming Divorce Process FAQ

Does state of Wyoming allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Wyoming will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

What's the difference between a divorce and an annulment in Wyoming?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

How long do I have to live in in the state of Wyoming to get a divorce?

There are no residency duration requirements in order to sue for a divorce in Wyoming. Any married couple in the state can file for divorce in Wyoming court.

What is the filing fee for a divorce in Wyoming?

The court fees for filing the paperwork for a basic divorce in a Wyoming court is $70.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

How long does it take to get a divorce in Wyoming?

If the process moves along without holdups, the paperwork for a divorce in Wyoming can be processed in a minimum of 80 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

3. Wyoming General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Wyoming. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

Wyoming permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Wyoming.

Does Wyoming have any limitations on remarriage after a divorce?

Wyoming has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.

What is the divorce rate in Wyoming?

According to the most recent CDC study, the yearly divorce rate in Wyoming is 10 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.

Does Wyoming recognize same sex divorces?

Wyoming recognizes both same sex marriages and same sex divorces. The process of getting a seme-sex divorce is the same as a heterosexual divorce.