Residency Requirements:
In order to file for divorce in Wyoming, the filing spouse must
have been a resident of Wyoming for 60 days prior to filing.
There are no residency requirements, however, if the marriage was
performed in Wyoming and the filing spouse has resided in Wyoming
from the time of the marriage to the time of filing. [Wyoming
Statutes Annotated; Title 20, Chapters 20-2-104, 20-2-107,
and 20-2-108].
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].
General Divorce Procedure:
There is a waiting period of 20 days before a divorce will be
granted. 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].
Mediation or Counseling:
In cases involving child custody, the court may order the parents
to attend appropriate classes regarding the impact of divorce on
their children.
Where to file for divorce:
File for divorce in the county where either spouse resides.
Title of Divorce action:
Complaint for Divorce.
|
|
Grounds for Wyoming Divorce:
No-fault:
Irreconcilable differences are the only grounds for a no-fault
divorce in Wyoming. [Wyoming Statutes Annotated; Title 20,
Chapter 20-2-104].
Fault-based:
Confinement for incurable insanity for two years is the only
ground for a fault-based divorce in Wyoming. [Wyoming Statutes
Annotated; Title 20, Chapter 20-2-105].
Child Custody:
Child custody may include joint, sole, or shared custody, as long
as it is in the best interests of the child. Child custody will be
awarded according to what appears to be most expedient and
beneficial for the well-being of the child. The sex of the parent
is not to be considered. Other factors to be considered are: (1)
the quality of the relationship of the child with each parent; (2)
the ability of each parent to provide adequate care for each child
and to relinquish care to the other parent as specified; (3) how
the child and each parent can best maintain and strengthen their
relationships; (4) how the child and each parent interact and
communicate and how such may be improved; (5) the ability and
willingness of each parent to allow the other to provide care
without intrusion; (6) the geographic distances between the parents'
homes; (7) the current physical and mental ability of each parent
to care for the child; and (8) any other necessary or relevant
factors. If both parents are considered fit, the court may order
any custody arrangement that encourages the parents to share in the
rights and responsibilities of child-rearing. [Wyoming Statutes
Annotated; Title 20, Chapter 20-2-201].
|
