Wyoming Divorce Laws and Information

Wyoming Divorce Laws
Wyoming divorce laws are relatively straightforward compared to most other states. For instance, there are only two grounds for divorce in Wyoming. However, when issues such as child custody and spousal support come into play, divorces in Wyoming can be just as complex as anywhere else.

Before you file for divorce in Wyoming, you have to ensure you qualify under the state residency requirements. If you don’t, your case can be thrown out of court or a judge may simply refuse to hear it in the first place.

The residency requirements relate primarily to the plaintiff (that means you you, if you are the one filing the divorce papers). You need to have either lived in Wyoming for 60 days continuously before filing the divorce, or the marriage needs to have taken place in Wyoming with you remaining resident in that state up until filing the proceedings. The residence of your spouse is not important.

Grounds for Divorce
As mentioned above, there are only two grounds for divorce named under Wyoming divorce laws. One of these is No Fault, the other is a Fault-based grounds for divorce.

“Irreconcilable differences” is the grounds under which the vast majority of divorces in Wyoming are filed. This is a general category that can cover all manner of marital problems, from financial disagreements through to physical abuse.

The other grounds for divorce is the insanity of one of the spouses. In order for a divorce to occur on these grounds, the spouse needs to have been committed to a mental institution for a minimum of two years before the divorce is filed. The institution does not have to be in Wyoming.

Division of Property
Once the grounds for divorce has been determined, one of the next major concerns is how marital property will be divided. Obviously under circumstances where a spouse has been determined to be incurably insane, the sane spouse may be awarded all property.

However, in most circumstances property is divided up according to the principle of equitable distribution. That means a judge will attempt to decide on a fair sharing of the property based on a few factors. Again, Wyoming divorce law is much more straightforward in this respect than most other states. Whereas some states cite over a dozen factors that can alter the outcome of a property distribution decision, in Wyoming there are only two. Essentially it comes down to the financial condition each spouse will be left in after the divorce, and who brought the property into the marriage to begin with – although the property’s role as part of the family unit is also considered, in conjunction with matters like child custody.

Child Custody
The best outcome in a divorce where children are involved is for the parents to come to a decision on their own. If this outcome can’t be achieved, the court will intervene to try to determine the best child custody scenario based on the best interests of the children.

In this respect, Wyoming divorce laws are just as complex as any other state. There are nine main factors determining the court’s decision, as well as any “other factors the court deems necessary and relevant.” That means just about any element of the circumstances surrounding the divorce can play a role in the outcome of a custody decision, which makes it very hard to predict in some cases.

If you want to present the best possible case to ensure you win custody, there are a few things to keep in mind. As in all states, the relationship a child has with each parent, as well as that parent’s willingness to foster the parent-child relationship with the other spouse following the divorce, are all big factors. In Wyoming, the geographical location of each parent plays a factor in determining visitation rights and custody. The fitness of each spouse as a parent is also taken into a consideration – this is where factors like drug or alcohol abuse on the part of one parent will come into play. In order to win custody a parent needs to be able to provide adequately for a child throughout each stage of growth up until the child becomes independent.

Alimony and Child Support
Child support payments are an issue closely tied to custody. Wyoming using the guidelines laid out by the Income Shares Model to calculate the total amount each parent should be dedicating towards child-raising each month. The actual amount paid by each parent is then determined based on income. Typically, the non-custodial parent will end up making a payment to the custodial parent, since the custodial parent will be incurring most costs for essentials like food.

Special needs of the child – health conditions, for instance – are also taken into account when the court determines how much child support should be paid.

Alimony, or spousal support, is a little different. Whereas child support is paid in virtually every divorce scenario where children are involved, spousal support is not a given. The law in Wyoming is fairly vague on the criteria used to determine whether or not a spouse will have to make support payments after the divorce, and it is generally up to the discretion of the judge. The outcome of this decision is also closely tied up with property distribution.

SBI!