|What is considered to be the date of separation in Wyoming?|
|The term "separation date" refers to the date when the spouses stopped living at the same residence.|
|Do we have to be separated to get a divorce in Wyoming?|
|No. There is no separation requirement in Wyoming.|
|Where do I file my divorce papers in Wyoming?|
|Divorce papers in Wyoming are filed in the District Court in the county where either the Plaintiff or Defendant resides.|
|Will either of us be required to attend a court hearing?|
In Wyoming, the requirement to attend a court hearing varies county by county. If a court hearing is required, the Plaintiff will file the Request for Setting and Order Setting Divorce Trial with the clerk of the court. Upon receipt of the hearing time and date, both parties will attend a divorce hearing. If the county requires the attendance of both spouses at the hearing, and one spouse is unable to attend, there is usually a procedure for requesting that the out-of-state spouse appear by telephone or some other means. |
If a court hearing is not required, Plaintiff will file the Affidavit for Divorce Without Appearance of Parties instead of the Request for Setting and Order Setting Divorce Trial. Both parties will then receive a copy of the finalized Decree of Divorce once the judge has signed it.
|What documents are included in the self-prepared Wyoming DivorceWriter package?|
If you select a Wyoming divorce without children, you are selecting the following forms:|
|How do I serve my spouse with the divorce papers in Wyoming?|
|Formal service is not required in a divorce in Wyoming when both parties agree to all terms of the divorce. The defendant/respondent signs the Acknowledgement and Acceptance of Service in front of a Notary Public, which is then filed with the Court.|
|Can I change my name in Wyoming divorce proceedings?|
|Yes, the Wife may request in the Complaint for Divorce that a former name be restored.|
|What are the Wyoming residency requirements for filing for divorce?|
In Wyoming, the spouse filing for divorce must have been a resident of the state for sixty (60) days immediately prior to filing for divorce; or the couple married in the state of Wyoming AND the spouse filing for divorce must have resided in Wyoming from the time of marriage until the time of filing.|
WY ST §20-2-107
|How much is the filing fee in Wyoming?|
|Please check with the District Court Clerk to determine exact fees. The filing fee can vary from county to county, but is typically $70.00 in Wyoming.|
|How long does it usually take to finalize a divorce in Wyoming?|
|In Wyoming, the Plaintiff must wait at least 20 days after the Defendant has been served the Complaint for Divorce and Summons before the Plaintiff may file the Decree of Divorce with the clerk of the court.|
|What are the basic steps to getting a divorce in Wyoming?|
The basic steps to getting a divorce in Wyoming are as follows:|
The divorce is not final until the judge has signed the Decree of Divorce and the Decree of Divorce has been filed wit the clerk of the district court.
|What are the grounds for filing for divorce in Wyoming?|
The grounds for filing for divorce in Wyoming is irreconcilable differences in the marital relationship.|
WY ST §20-2-104
|Does Wyoming require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?|
|Typically, courts in Wyoming do not require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce. However, the judge may determine this is necessary and order the parties to attend a class or seminar depending on individual situations.|
|CUSTODY, VISITATION, SUPPORT|
|When can a child support order be modified in Wyoming?|
A child support order may be modified in Wyoming if the parties can prove that the support amount will change by twenty percent (20%) or more per month from the amount of the existing order, or a showing of a substantial change of circumstances.|
WY ST §20-2-311
|How is child support calculated in Wyoming?|
Child support is calculated in Wyoming using the Income Shares Model, where each parent’s income is considered in relative proportion. The support amounts calculated from each parent then help decide which parent must pay the other in order to maintain the correct proportion and provide for the needs of the child.|
WY ST §20-2-304
|What are the different types of custody in Wyoming?|
The different types of custody in Wyoming are:|
Joint Legal Custody--both parents have responsibility and involvement in major decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development.d
Joint Physical Custody-the child(ren) reside with and are under the supervision of each parent in such a way as to assure the child(ren) frequent and continued contact with both parents.
Sole Legal Custody- one parent has the sole right and responsibility to make major decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development.
Sole Physical Custody- the child(ren) reside with and are under the supervision of one parent, commonly subject to reasonable visitation by the other parent.
|We already have a child support order issued by a judge. Will we be able to keep the same amount?|
|DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Decree of Divorce you will file with the Court.|
|What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?|
DivorceWriter shows the child support calculation under the Wyoming child support guidelines. |
The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Decree of Divorce. The court will decide whether or not to approve the deviation.
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