Divorce in Wyoming

Overview of Divorce in Wyoming

Wyoming’s divorce laws are governed by Wyoming Statutes (Wyo. Stat.) Title 20, Chapter 2. Wyoming permits both no-fault and fault-based grounds for divorce. The state follows an equitable distribution model for dividing marital property and imposes a brief 20-day waiting period after filing. Wyoming is known for its relatively streamlined divorce process, particularly in uncontested cases, and its filing fees are among the lowest in the nation.

For a broader understanding of the divorce process, see our complete guide to divorce.

Residency Requirements

Under Wyo. Stat. Section 20-2-107, the plaintiff must have been a resident of Wyoming for at least 60 days immediately preceding the filing of the complaint. Alternatively, if the marriage was performed in Wyoming, the plaintiff must have resided in the state continuously from the time of the marriage to the time of filing. Wyoming’s 60-day requirement is one of the shortest residency periods in the country.

Grounds for Divorce

Wyoming recognizes irreconcilable differences as the no-fault ground for divorce under Wyo. Stat. Section 20-2-104. Either spouse may file on this ground without proving wrongdoing, and the vast majority of Wyoming divorces proceed on this basis.

Wyoming also recognizes a limited fault-based ground:

• Incurable insanity — The respondent spouse must have been confined to a mental institution for at least two years immediately preceding the filing of the complaint. This ground is rarely invoked.

Unlike many states that retain multiple fault grounds, Wyoming’s practical approach means that nearly all divorces are filed on no-fault grounds.

Filing Fees and Costs

The filing fee for divorce in Wyoming ranges from approximately $70 to $130, depending on the county. These fees are among the lowest in the nation. Additional costs may include service of process fees, mediation fees, and the cost of a parenting education course in cases involving minor children. Fee waivers are available for individuals who can demonstrate financial hardship.

Waiting Period

Wyoming imposes a 20-day waiting period from the date the complaint is filed before the court may grant the divorce. This is one of the shorter waiting periods in the country. In uncontested cases, the divorce can proceed to final hearing shortly after the 20 days have passed, provided all paperwork is complete. Contested cases take longer depending on the issues involved.

Property Division

Wyoming follows the equitable distribution model under Wyo. Stat. Section 20-2-114. The court divides marital property in a manner that is fair and equitable, considering:

• The respective merits of the parties
• The condition in which each party will be left by the divorce
• The party through whom the property was acquired
• The burdens imposed upon the property for the benefit of either party or their children
• The length of the marriage
• The age and health of each party
• The earning ability of each party
• The contributions of each party to the acquisition of marital property, including homemaker contributions

Wyoming courts have broad discretion in dividing property and may consider all property owned by either spouse. The court’s goal is to achieve a fair result based on the totality of the circumstances, and the division need not be equal.

Alimony

Under Wyo. Stat. Section 20-2-114, the court may award alimony to either party. Wyoming is one of the few states where the court may consider fault in determining alimony. The court evaluates the ability of the spouse seeking support to earn a livelihood, the ability of the paying spouse to pay, the length of the marriage, the age and health of each party, the financial condition of each party after property division, the standard of living during the marriage, and any contributions to the education or training of the other spouse. Wyoming recognizes temporary, rehabilitative, permanent, and lump-sum forms of alimony.

The Divorce Process

1. Filing the complaint. One spouse files a complaint for divorce in district court and pays the filing fee.
2. Service of process. The respondent is served with the complaint and summons.
3. 20-day waiting period. The court cannot enter a decree until 20 days after filing.
4. Response. The respondent has 30 days to file an answer.
5. Discovery. Both parties exchange financial information and relevant documents.
6. Mediation or negotiation. The parties may attempt to resolve disputes cooperatively.
7. Trial or settlement. The parties either present a settlement agreement or proceed to trial.
8. Final decree. The court enters the decree of divorce.

Uncontested divorces in Wyoming can be finalized in as little as one to three months. Contested cases may take six months to two years or longer.

When to Consult an Attorney

Wyoming’s equitable distribution framework and consideration of fault in alimony determinations create strategic considerations in many cases. Whether your divorce is straightforward or involves complex property or custody issues, consider scheduling a free consultation with a family law attorney to understand your rights under Wyoming law.

Frequently Asked Questions

How long does a divorce take in Wyoming?

The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce in Wyoming can typically be finalized in a few months, while contested cases may take a year or longer depending on the complexity of the issues involved.

What are the residency requirements to file for divorce in Wyoming?

Wyoming requires that at least one spouse meet the state’s residency requirement before filing. Check Wyoming’s specific residency period, as it varies from state to state and may also require residency in the county where you file.

Is Wyoming a community property or equitable distribution state?

This determines how marital property is divided. Community property states split assets roughly 50/50, while equitable distribution states divide property based on what the court considers fair. The distinction significantly affects your financial outcome in a divorce.

Do I need a lawyer to get divorced in Wyoming?

You are not legally required to hire a lawyer, but having legal representation is strongly recommended — especially when children, significant assets, or complex financial issues are involved. A Wyoming family law attorney can protect your rights and help you avoid costly mistakes.

Can I get a divorce in Wyoming if my spouse does not agree?

Yes. Wyoming allows you to proceed with a divorce even if your spouse does not consent. If your spouse does not respond to the divorce petition, you may be able to obtain a default judgment. The process takes longer, but the court will not force you to remain married.