Divorce Law: Grounds for Divorce in Wyoming

May 5, 2023 Amanda

Divorce Law: Grounds for Divorce in Wyoming

Grounds for Divorce in Wyoming	Description
Irreconcilable differences	A situation where the marriage is irretrievably broken and there is no likelihood of reconciliation.
Adultery	A situation where one spouse engages in sexual intercourse with someone who is not their spouse.
Abandonment	A situation where one spouse leaves the marital home without the other spouse’s consent and without a justifiable reason for at least one year.
Extreme cruelty	A situation where one spouse engages in physical or mental cruelty towards the other spouse, making it unsafe or improper for the spouses to live together.
Willful neglect	A situation where one spouse willfully neglects or refuses to provide for the other spouse’s basic needs, such as food, clothing, shelter, or medical care.
Imprisonment	A situation where one spouse is sentenced to imprisonment for a felony for at least two years.

Introduction

In Wyoming, there are two types of divorces: fault-based and no-fault. A fault-based divorce requires one spouse to prove that the other committed some form of marital misconduct, such as adultery or cruelty. On the other hand, a no-fault divorce does not require either spouse to prove any wrongdoing; it simply means that the marriage has broken down irretrievably.

The following are the grounds for obtaining a fault-based divorce in Wyoming:

Adultery
Abandonment
Cruelty
Substance abuse/addiction

Note:

The following is the only ground for obtaining a no-fault divorce in Wyoming:

The marriage is irretrievably broken with no reasonable prospect of reconciliation.

Note:

Overview of Divorce Law in Wyoming

Once the papers are served or waived, there will be a waiting period before any final hearing takes place. During this time, both parties have an opportunity to negotiate and reach agreements regarding division of property, child custody/support and alimony/spousal support. If no agreement can be reached during this period then either party may request that the case proceed towards trial.

If there are children involved in a contested matter then both parents will need to attend mediation before being allowed to proceed toward trial unless good cause is shown why mediation should not take place.
If an agreement cannot be reached by mediation or other negotiation methods then evidence would need to presented at trial where a judge would make decisions about how assets/debts should be divided along with child custody/support arrangements and/or spousal support/alimony payments.

Explanation of Grounds for Divorce in Wyoming

Note: Evidence must be presented to support any claims made against a party when filing for fault-based divorce in Wyoming. This may include witness testimony, photographic evidence, text messages/emails and/or social media activity.

No-Fault Divorce:

The marriage is irretrievably broken with no reasonable prospect of reconciliation.

Note: No-fault divorces are usually quicker and less expensive than contested fault-based divorces because neither party needs to prove wrongdoing by their partner. Instead, both parties simply need to agree that the marriage has broken down irretrievably.

No-Fault Grounds for Divorce

No-fault divorces are becoming more popular in many states because they can be faster, easier and less expensive than traditional fault-based divorces. In Wyoming, the only ground for a no-fault divorce is that the marriage is irretrievably broken with no reasonable prospect of reconciliation.

If both parties agree to this, they can file an uncontested or “default” no-fault dissolution. This means they don’t need to appear in court and can submit a written agreement regarding all issues related to property division, child custody/support (if applicable) and alimony/spousal support (if applicable).

Note:

Explanation of No-Fault Divorce

In Wyoming, a no-fault divorce is the most common type of divorce filed. It is also known as an uncontested or “default” dissolution because both parties agree that their marriage has irretrievably broken down and there are no issues to be resolved in court.

However, if one party contests the grounds for divorce, then it becomes a contested matter which can be more time-consuming and expensive. In such cases, evidence must be presented to show that the marriage has indeed broken down irretrievably without any chance of reconciliation.

The following are some key points to keep in mind when filing for a no-fault divorce:

Both spouses must agree that the marriage has irretrievably broken down with no reasonable prospect of reconciliation..
All issues related to property division, child custody/support (if applicable), alimony/spousal support (if applicable) must be agreed upon by both parties before filing for a default judgment..
If either party does not comply with agreements made during negotiation process then case would become contested..

Irreconcilable Differences

In Wyoming, “irreconcilable differences” is not a ground for divorce. Instead, the state recognizes “the marriage is irretrievably broken with no reasonable prospect of reconciliation” as the only grounds for a no-fault divorce.

However, some people may use the term “irreconcilable differences” to describe their situation when filing for divorce. This simply means that they have tried to work out their issues but have been unable to come to an agreement and feel that there is no hope of saving their marriage.

In any case, it’s important to understand that in order to obtain a divorce in Wyoming, one must prove that the marriage has broken down irretrievably or provide evidence of some form of marital misconduct (in the case of fault-based divorces). It’s recommended that anyone considering divorce seek legal advice from an experienced family law attorney who can help guide them through this process.

Irreconcilable Differences

Note: It’s important to remember that irreconcilable differences don’t necessarily need to involve any wrongdoing by either party; they could simply reflect changes in one or both parties’ feelings about the relationship over time.

Irreconcilable Differences

If both parties agree that their marriage is irretrievably broken and submit an agreement regarding all issues related to property division, child custody/support (if applicable), alimony/spousal support (if applicable), then they may file for what is called an uncontested or “default” no-fault dissolution without having to appear in court.

Note: When filing a no-fault uncontested case, it is important that both parties disclose all assets and debts so that proper distribution can take place. If either party fails to disclose information during this process, it could result in legal action being taken against them later on.

Fault-Based Grounds for Divorce

Adultery: Proving that your spouse has had sexual relations with someone else during your marriage.
Abandonment: This occurs when one party leaves without any intent to return, usually for at least six months or more.
Cruelty: Physical or emotional abuse towards a spouse can be used as grounds for divorce.
Substance abuse/addiction: If a spouse’s substance abuse is negatively affecting the marriage, it may be used as grounds for divorce..

If you’re considering filing for a fault-based divorce on any of these grounds, it’s important to speak with an experienced family law attorney who can guide you through the process and help protect your rights throughout every step of the proceedings.

Explanation of Fault-Based Divorce

Cruelty:

The victimized party must show that physical or emotional abuse occurred during the course of marriage which made it intolerable for them to continue living together as a married couple.

Abandonment:

This ground requires proof that one spouse abandoned or deserted another without good cause for at least one year prior to filing for divorce.
The burden is on the abandoning party to show they had good reason for leaving..

Substance Abuse/Addiction:

This requires proving that substance abuse was present during most of the marriage and caused substantial harm either financially or personally. Evidence is required such as police reports, medical records etc...

In any case where fault-based grounds are pursued, evidence must be presented by both parties in court regarding disputed facts surrounding allegations made against each other.

Adultery

Note: Evidence must be presented to support any claims made against a party when filing for adultery-based divorce in Wyoming. This may include witness testimony, photographic evidence, text messages/emails and/or social media activity.

If proven, adultery can have an impact on property division and spousal support/alimony payments; however it does not usually have an effect on child custody/support arrangements unless it directly affected the well-being of the children.

Adultery

It’s important to note that if both spouses agree to continue living together after one has committed adultery, then the innocent party may lose their right to use this ground for divorce in Wyoming. Additionally, if it can be shown that the innocent spouse condoned or forgave the adulterous behavior (such as by continuing to live with their partner), then they cannot later claim it as grounds for divorce.

To prove adultery in a Wyoming court, evidence such as eyewitness testimony or photographic proof must be presented.
If an adulterous affair results in a child being born outside of marriage, that child will be considered illegitimate under Wyoming law unless paternity is established through DNA testing or another legal process.
Criminal charges related to adultery are no longer enforced in Wyoming; however, there could still be civil consequences related to property division and spousal support/alimony payments.

Adultery

It is important to note that proving adultery can be difficult and may require substantial evidence such as photographs or witness testimony. Additionally, even if adultery is proven, it may not necessarily have an impact on property division or spousal support decisions unless it had an effect on marital finances.

Cruelty

Examples of cruelty may include:

Physical violence, such as hitting, slapping, or pushing
Verbal abuse, such as yelling, insulting language and/or degrading comments
Mental abuse, such as manipulation and isolation from friends/family members

If you decide to file for divorce based on cruelty grounds then evidence must be presented during court proceedings. This could include medical records if any injuries were sustained due to physical violence along with testimony from witnesses who have observed abusive behavior.

Cruelty

Note:The evidence presented must demonstrate that such behavior has occurred during the marriage and was not provoked by the other party. Additionally, if a victim chooses to continue living with their abusive partner after an incident of cruelty has occurred this may weaken their claim for a fault-based divorce on grounds of cruelty later down the line.

Cruelty

Cruelty is a commonly cited reason for filing fault-based divorce in Wyoming. However, it can be difficult to prove and requires evidence beyond reasonable doubt. The following are the requirements for filing for cruelty divorce:

The behavior must have been cruel and inhuman
The behavior must have endangered the life or health of the other spouse
The conduct complained of must not have been provoked by any misconduct on the part of the other party
The act(s) complained of as constituting cruelty must be recent enough to indicate that continuing danger exists if one spouse remains in contact with another.

If all these requirements are met, then a person may file for a cruelty divorce. It should be noted that proving cruelty can be challenging because it often involves subjective interpretations of behaviors and motivations behind them.

Abandonment

It’s important to note that in Wyoming, if both parties agree that their marriage is irretrievably broken and submit an agreement regarding all issues related to property division, child custody/support (if applicable), alimony/spousal support (if applicable), then they may file for what is called an uncontested or “default” no-fault dissolution without having to appear in court. This means that even if you cannot prove abandonment by your partner, you can still get divorced without going through a contested hearing process as long as you and your partner can agree on all relevant issues.

Abandonment

Note:

If you believe that your partner has abandoned you and you wish to file for divorce on those grounds, it’s important that you gather evidence supporting your claim. This may include witness testimony, financial records demonstrating absence from work/home activities, email communication regarding intent to abandon etc.

Abandonment

Note: In some cases, temporary absences (such as those caused by military deployment) may not be considered abandonment under Wyoming law.

In addition to meeting these requirements, an abandoned spouse will need to provide evidence of their partner’s absence and lack of support during this time. Evidence may include witness testimony from friends/family members who knew about the situation or documentation such as emails/text messages showing communication attempts made by the abandoned spouse and/or financial records demonstrating lack of support from the absent party.

Substance Abuse

In Wyoming, substance abuse can be used as a basis for filing a fault-based divorce. Substance abuse is defined as the habitual or excessive use of alcohol or drugs that impairs a person’s ability to fulfill their marital obligations.

If you plan on using substance abuse as grounds for divorce, it is important to gather evidence such as police reports, medical records, and witness testimony. It may also be necessary to hire an expert witness to testify about the effects of substance abuse on your spouse’s behavior and ability to fulfill their obligations.

Note:

Substance Abuse

Substance abuse is defined as the continued use of drugs and/or alcohol despite negative consequences.
This includes both illegal drugs (such as cocaine or heroin) and legal substances (such as prescription medications or alcohol).
In order for substance abuse to be considered a valid ground for divorce in Wyoming, it must have a negative impact on the marriage.

If you are considering filing for divorce based on your spouse’s substance abuse, it’s important to gather evidence that supports your claim. This may include things like police reports related to drug/alcohol-related incidents involving your spouse, witness testimony from friends/family members who have witnessed their behavior firsthand, or medical records showing treatment for addiction issues.

Substance Abuse

If a spouse is filing for a fault-based divorce based on the grounds of substance abuse/addiction, there are certain requirements that must be met before the court will grant the divorce.

The following conditions must be satisfied in order to obtain a substance abuse/addiction divorce:

There must be evidence of habitual drunkenness or drug addiction
The addiction or habit must have existed for at least one year prior to filing for divorce
The addicted spouse’s behavior during this time period must have seriously endangered the health, safety or welfare of themselves, their spouse and/or their children (if applicable)

Note: Evidence presented in court may include witness testimony from family members, medical/mental health professionals or law enforcement officials.

Imprisonment

If a court grants a divorce based on imprisonment, it can also decide issues such as property division, child custody/support and alimony/spousal support. However, if the imprisoned spouse is released from incarceration during the pendency of the divorce action then they will have an opportunity to contest any decisions made by the court upon their release.

Imprisonment

The imprisoned spouse was convicted of a felony
The sentence imposed by the court was at least two years
The spouses have not lived together since the incarceration began
The non-imprisoned spouse did not cause or contribute to their partner’s imprisonment.

Note: If an incarcerated individual files for divorce while still serving their sentence, they must have legal representation before proceeding with any court action.

Imprisonment

If these requirements are met, then the filing spouse may obtain a divorce without having to prove any other grounds or marital misconduct. However, it is important to note that even if one meets all of these requirements they still might want legal advice before proceeding as there could be additional complications related to property division and/or child custody/support (if applicable).

Legal Separation

Note: Legal separations in Wyoming follow many of the same procedures as divorces, including filing paperwork with the court and making agreements regarding division of property, child custody/support and alimony/spousal support. If the couple decides later on that they want to end their marriage completely, they will need to file for divorce.

Explanation of Legal Separation

Note: If either party files for divorce after obtaining a legal separation then many of the issues resolved during the legal separation process will carry over into the divorce proceedings unless both parties agree otherwise.

Requirements for Filing for Legal Separation

Wyoming allows for legal separation, which is a court-approved status that enables couples to live apart without ending their marriage. There are several reasons why people may choose legal separation over divorce, including religious beliefs or financial concerns.

In order to file for legal separation in Wyoming, the following requirements must be met:

One of the spouses must have been a resident of Wyoming for at least 60 days prior to filing.
The couple must not have engaged in any marital relations since they became aware of any grounds for divorce/legal separation. If they have had sex since becoming aware of these grounds, then they may not be granted a decree of separate maintenance unless both parties agree otherwise or if there has been substantial change in circumstances making reconciliation possible.

Note: The process and forms required for filing for legal separation are similar to those used in divorce proceedings. Couples who obtain a decree of separate maintenance can later petition the court to convert it into a final divorce decree if desired.

Property Division

The following factors are considered when dividing marital property in Wyoming:

Each spouse’s contribution to the acquisition, preservation, or appreciation in value of marital assets
The duration of the marriage
The age and health status of both parties
The earning capacity and financial needs of both parties.

If there are minor children involved then child support payments may impact how much spousal support/alimony payments one party has to pay to another. It is important for each party to understand their rights when going through a divorce so that they can make informed decisions about what they want out of their settlement agreement.

Overview of Property Division in Wyoming

Note:

In some cases, spousal support/alimony may also be awarded if one party has a significantly lower income than the other or if there are other extenuating circumstances such as disability or illness. The amount and duration of alimony payments will depend on various factors including but not limited to: length of marriage; financial resources available; standard of living established while married etc.

Equitable Distribution

Note: Marital property refers to all assets acquired by either spouse during the course of their marriage with some exceptions such as inheritances, gifts or certain personal injury settlements.

If there is a prenuptial agreement in place then that would dictate how property is divided upon divorce rather than relying on equitable distribution laws.

Equitable Distribution

In addition to these factors, any alimony/spousal support awarded will also be considered when dividing marital assets/debts..

Equitable Distribution

The following are some of the factors that may be considered by a Wyoming court when deciding on equitable distribution:

The length of the marriage
The age and health of each spouse
The earning capacity of each spouse
The contributions made by each spouse during the marriage (e.g. homemaking vs income-earning)
Custodial arrangements for any children involved in the divorce
Any prenuptial or postnuptial agreements made by either party regarding division of property in case of divorce.

Note: It’s important to note that separate property (property owned before marriage or inherited/gifted during marriage) is generally exempt from being divided up in a divorce settlement unless it was commingled with marital funds/assets at some point during the course of the marriage.

Child Custody

There are two types of custody in Wyoming: legal and physical.

Legal Custody:

This refers to a parent’s right to make major decisions about their child’s upbringing such as medical care or education. Legal custody can be awarded solely to one parent or jointly shared between both parents.

Physical Custody:

This refers to where a child primarily resides after a divorce. Physical custody can also be sole or joint/shared between both parents. In addition, visitation rights may be granted by a court if necessary so that non-custodial parents have time with their children even if they do not have primary physical custodial rights.

Overview of Child Custody in Wyoming

In most cases, both parents will be awarded joint legal custody unless there are compelling reasons not to do so. Joint legal custody means that both parents have an equal say in major decisions affecting their child’s life, such as where they go to school or what medical treatment they receive.

Physical custody refers to where a child lives after a divorce. Parents can have either sole physical custody (where one parent has primary care and control) or shared physical custody (where both parents share roughly equal parenting time). The court will consider many factors when making this determination including:

The wishes of the child (if old enough)
The mental and physical health needs of all parties involved
Absences from work/school schedules/availability for caregiving responsibilities required by employment held by each party;.

Types of Child Custody

Physical Custody:

This refers to where the child will live after the divorce.
If one parent has sole physical custody, the child lives with that parent full-time and visits with the other parent according to a schedule set by the court.
In joint physical custody arrangements, both parents share time with their children according to a schedule approved by the court or agreed upon by both parties.

Legal Custody:

This refers to who makes important decisions about how the child is raised such as education and medical care. .
If one parent has sole legal custody, they have final decision-making authority over these matters without input from the other party unless otherwise ordered by court. .
In joint legal custody arrangements, both parents have equal say in making these important decisions for their children..

In addition to physical and legal custody of a child(ren), there may be provisions regarding visitation rights (sometimes referred as “parenting time” in Wyoming) along with orders for payment of child support calculated under state guidelines which considers factors such as income level of each party, number of overnight stays each month at either parents residence etc.

Types of Child Custody

The factors considered by a judge when determining what is in the best interest of a child include:

The wishes of each parent
The relationship between each parent and their child
The mental and physical health needs of everyone involved.
Any history or evidence of domestic violence or substance abuse by either party.

If you are seeking sole or joint physical custody during your divorce proceedings, it’s important to work with an experienced family law attorney who can help you present your case persuasively to the court.

Types of Child Custody

When it comes to child custody in Wyoming, there are two types: legal and physical. Legal custody refers to the right of a parent to make important decisions on behalf of their child. This includes decisions related to education, healthcare, religion and other major life events.

In Wyoming, legal custody can be awarded as either sole or joint custody. Sole legal custody means that one parent has the exclusive right to make all decisions for their child without input from the other parent. Joint legal custody means that both parents share decision-making authority for their child’s upbringing.

Factors considered by courts when deciding on legal custody include:

The wishes of each parent;
The relationship between the child and each parent;
The ability of each parent to provide for the needs of the child;
The mental and physical health of all parties involved; .

Factors Considered in Child Custody Decisions

Additionally, if domestic violence or abuse has been alleged or proven by one party against another then it could affect any decision made regarding custody or visitation rights.

If both parents can agree on a parenting plan which includes provisions for legal/physical custody rights as well as visitation schedules (including holidays), then it will likely be accepted by a judge. If not agreed upon outside of court then mediation may be required before proceeding toward trial.

Child Support

Note: It is important to ensure that all sources of income are included in any calculations made regarding child support, including bonuses and overtime wages.

If a non-custodial parent fails to make court-ordered payments, they may face penalties such as wage garnishment, suspension/restriction of driver’s license privileges or even jail time in extreme cases. On the other hand, if a custodial parent misuses funds designated for childcare expenses then they may also face legal consequences.

In order for a court-ordered child support agreement to be modified there must usually be a significant change in circumstances which would justify such modification. This could include loss/change in employment status or health concerns affecting either party involved.

Explanation of Child Support

In most cases, child support payments will continue until a child turns 18 years old or graduates high school – whichever comes later. If a child has special needs or disabilities that require ongoing care then these payments may continue beyond age 18 but typically not past age 21.

Note: If both parents agree to an amount different from what would be calculated under the state’s guidelines, then they may submit their agreement along with their proposed parenting plan to be approved by a judge who will review it and determine if it meets all legal requirements before issuing an order.

Calculation of Child Support in Wyoming

In general, child support payments will continue until the child reaches age eighteen or graduates from high school, whichever comes later. However, if there is an agreement between both parents or other special circumstances exist then payments may need to continue after this point.

If either party’s financial situation changes significantly after a divorce has been finalized and a child support order has been issued then it may be possible for them to request a modification of that order.

Conclusion

In conclusion, navigating through the legal system during a divorce can be complex and overwhelming. Seeking advice from an experienced family law attorney may help guide you through this difficult time and ensure that your rights and interests are protected throughout the entire process.

Recap of Grounds for Divorce in Wyoming

Fault-Based Divorce:

Adultery
Abandonment
Cruelty
Substance abuse/addiction

Note: A spouse must prove that the other committed some form of marital misconduct before they can be granted a fault-based divorce. Additionally, evidence must be presented to support any claims made against a party when filing for this type of divorce in Wyoming.

No-Fault Divorce:

The marriage is irretrievably broken with no reasonable prospect of reconciliation.

Note: No-fault divorces are quicker and less expensive than contested fault-based divorces because neither party needs to prove wrongdoing by their partner. Both parties simply need to agree that the marriage has broken down irretrievably.

In either case, it’s important for individuals seeking a divorce in Wyoming to understand their rights and responsibilities throughout the process. Consulting with an experienced family law attorney can help ensure that your interests are protected during every stage of your case.

Final Thoughts on Divorce Law in Wyoming

The decision to file for divorce is never easy but understanding how divorce law works in Wyoming can help make this challenging process less stressful. With proper legal representation and knowledge about grounds for obtaining a fault-based versus no-fault dissolution along with possible outcomes related to asset/debt division, spousal/child support payments and/or child custody matters; parties can better navigate this often emotionally charged experience with informed confidence.

FAQ on ‘Divorce Law: Grounds for Divorce in Wyoming’

Can I file for divorce based on my spouse’s infidelity?

Yes. Adultery is one of the fault grounds for divorce in Wyoming. You will need to provide evidence to prove that your spouse committed adultery.

How long do I have to live in Wyoming before I can file for divorce?

You or your spouse must have been a resident of Wyoming for at least sixty (60) days prior to filing for divorce.

Do I need to hire an attorney to file for divorce in Wyoming?

No. You can represent yourself in a divorce case in Wyoming, but it is generally recommended that you hire an attorney if possible.

What is the process for getting a divorce in Wyoming?

The process begins by filing a complaint or petition for divorce with the court. Your spouse will then be served with the papers and has an opportunity to respond. If both parties agree on all issues such as property division, child custody and support arrangements, alimony etc., then they may be able to obtain an uncontested (amicable) divorce. However, if there are contested issues, then the court may schedule hearings and/or trial dates to resolve those disputes.