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Wyoming Divorce Laws

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Wyoming State Divorce Laws

RESIDENCY REQUIREMENTS AND WHERE TO FILE:

To file for a divorce, the plaintiff needs to have resided in Wyoming for at least 60 days prior to the filing of the complaint. The divorce papers should be filed in the district court of the county in which either party resides. [Based on Wyoming Statutes Annotated; Title 20, Chapters 20-2-107 and 20-2-104]

LEGAL GROUNDS FOR DIVORCE:

The legal ground for divorce include irreconcilable differences and incurable insanity of either party. [Based on Wyoming Statutes Annotated; Title 20, Chapter 20-2-104]

LEGAL SEPARATION:

All provisions available in an action for divorce are available for a legal separation. [Based on Wyoming Statutes Annotated; Title 20, Chapters 20-2-106, and 20-2-107].

PROPERTY DISTRIBUTION:

Wyoming is an equitable distribution state, meaning that when granting a divorce, the court will try to distribute the property in a just and equitable manner. Factors that may be taken into consideration include: the respective merits of the parties and the condition in which they will be left by the divorce, the party through whom the property was acquired, and the burdens imposed upon the property for the benefit of either party and children. [Based on Wyoming Statutes Annotated; Title 20, Chapter 20-2-114]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:

Alimony may be awarded to either spouse. A reasonable amount of alimony may be awarded to one spouse in relation to the other's ability to pay. [Based on Wyoming Statutes Annotated; Title 20, Chapter 20-2-114]

CHILD CUSTODY:

Child custody may be awarded to either parent and may include any combination of joint, shared, or sole custody to promote the best interests of the children. When determining the best interests of the child, the following factors may be taken into consideration:

  • The quality of the relationship each child has with each parent.
  • The ability of each parent to provide adequate care for each child.
  • The relative competency and fitness of each parent.
  • Each parent's willingness to accept all responsibilities of parenting.
  • How the parents and each child can best maintain and strengthen a relationship with each other.
  • The ability and willingness of each parent to allow the other to provide care without intrusion.
  • Geographic distance between the parents' residences.
  • The current physical and mental ability of each parent to care for each child.
  • Any other factors the court deems necessary and relevant.

The evidence of spousal or child abuse is considered contrary to the best interests of the child, and the court shall structure visitation to protect the child or spouse from further harm. [Based on Wyoming Statutes Annotated; Title 20, Chapter 20-2-201]

CHILD SUPPORT:

Child support is determined by using the "income-shares" model, meaning that the combined incomes of both parents are taken into consideration for setting the level of support. The child support obligation that results shall be divided between the parents in proportion to the net income of each parent. The non-custodial parent's share of the support obligation is to be paid to the custodial parent through the clerk of the court. The court may deviate from the child support tables if it finds that the support would be unjust of inappropriate.

To determine whether a deviation is a appropriate, the court shall consider the following factors: 1) The age of the child; 2) the cost of child care; 3) any special health or educational needs of the child; 4) the payment of child support for children outside the marriage; 5) cost of visitation transportation; 6) the ability of either parent to furnish health insurance through employment benefits; 7) the amount of time the child spends with each parent; 8) and necessary expenses for the child's benefit; 9) whether either parent is voluntarily unemployed or underemployed. In such cases, the child support will be computed based on the potential earning capacity of that parent. [Based on Wyoming Statutes Annotated; Title 20, Chapters 20-2-301 to 20-2-315].

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