Wyoming recognizes both no-fault and fault-based grounds for divorce. The no-fault ground is irreconcilable differences, meaning the marriage is irretrievably broken with no reasonable prospect of reconciliation. Fault-based grounds under Wyoming Statutes §20-2-104 and §20-2-105 include incurable insanity for two years, a spouse being convicted of a felony, adultery, intolerable indignities, willful desertion for one year, habitual drunkenness, extreme cruelty, conviction of a felony, neglect of duties, and a spouse's indignities. Most Wyoming divorces proceed on the no-fault ground of irreconcilable differences.
To file for divorce in Wyoming, one spouse files a Complaint for Divorce in the District Court of the county where either spouse resides. The filing fee is $160. The complaint must be served on the other spouse through personal service by the county sheriff, a private process server, or through acceptance of service. The respondent has 20 days to file an answer if served in Wyoming, or 30 days if served out of state. Wyoming also allows joint petitions for uncontested divorces where both parties agree on all terms.
Wyoming requires that either the plaintiff has been a resident of the state for at least 60 days immediately before filing, or the marriage was solemnized in Wyoming and one spouse has lived there continuously from the time of the marriage through the filing date. There is no county-level residency requirement. Military members stationed in Wyoming for 60 days meet the residency requirement.
Wyoming follows equitable distribution principles under Wyoming Statutes §20-2-114. The court divides marital property in a manner that is fair and equitable. Wyoming courts have broad discretion in determining what constitutes an equitable division, and the result does not need to be equal. Only property acquired during the marriage is subject to division, though the court may consider the entire financial picture of both parties when crafting a fair distribution.
Wyoming courts consider the respective merits of the parties, the condition each party will be in after the divorce, the party through whom the property was acquired, and the burdens imposed upon either party for the benefit of the children. The court also evaluates the duration of the marriage, each spouse's economic circumstances and earning capacity, each spouse's contribution to the marital estate (including homemaking), and any other factor the court deems relevant. Wyoming case law establishes that the court should consider the totality of the circumstances rather than applying a rigid formula.
Wyoming courts determine custody based on the best interests of the child under Wyoming Statutes §20-2-201. The court may award sole or joint custody of the children. Wyoming law establishes a preference that each parent have frequent and meaningful contact with the child and encourages both parents to share in the rights and responsibilities of raising their children.
Legal custody grants the right to make major decisions regarding the child's health, education, and welfare. Physical custody, also called residential custody, determines where the child primarily lives. Joint legal custody is common in Wyoming, while physical custody arrangements are tailored to each family's needs. The court may designate one parent as the primary custodian while providing the other parent with a specific visitation schedule.
Courts evaluate the quality of the relationship between the child and each parent, the ability of each parent to provide adequate care, the relative competency and fitness of each parent, each parent's willingness to accept parental responsibilities, how the parents and child can best maintain and strengthen a relationship with each other, how the parents and child interact and communicate, the ability of each parent to encourage the sharing of love and affection, any history of abuse, the geographic proximity of the parents' homes, and the child's reasonable preference if of sufficient age and maturity. Wyoming also considers the stability of each home environment and whether either parent has engaged in domestic violence.
Wyoming requires a minimum 20-day waiting period after the complaint is filed and served before the court can enter a final decree. Uncontested divorces can be finalized in as little as one to two months, making Wyoming one of the faster states for divorce completion. Contested divorces may take six months to over a year depending on the complexity of the issues involved and court scheduling.
Wyoming has relatively straightforward divorce requirements: a short 60-day residency requirement, a low $160 filing fee, and only a 20-day minimum waiting period after service. Combined with the availability of no-fault divorce and standardized court forms, Wyoming offers an accessible and affordable path to dissolution, particularly for uncontested cases.
Wyoming courts generally only divide property acquired during the marriage. Property that a spouse owned before the marriage is typically considered that spouse's separate property and is not subject to division. However, if separate property was commingled with marital property during the marriage or if the other spouse contributed to its appreciation, the court may consider it in the overall property distribution.
No. Wyoming law does not favor either parent based on gender. Custody determinations are based solely on the best interests of the child, evaluated through multiple statutory factors. Both mothers and fathers have equal standing when seeking custody, and the court's primary concern is the child's welfare and the quality of each parent's relationship with the child.