Wyoming has got a very high divorce rate. It is 6.1% per 1,000 of the population. This rate makes it 3rd highest throughout the country. Wyoming divorce law has specified both no-fault and fault grounds for divorce. Both the grounds should be discussed with court clerk and put before the court docket. If the court recognizes the grounds and considers the evidence substantial, divorce shall be granted.
Annulment is not preferred by most of the people in Wyoming. Divorce is the preferred option when it comes to bailing out of a relationship. It is also because since in annulment the marriage is considered void and null, none of the spouses has the right to demand for any award.
In Wyoming, both the spouses can ask the court and concern a divorce lawyer for the resolution of all divorce related issues except custody and visitation which eventually the jury has to decide.
Divorce Grounds in Wyoming
Wyoming is one of the low divorce rate states of the US. For filing a divorce you need to base your case on one of the divorce grounds in Wyoming. Following are the divorce grounds in Wyoming:
No-Fault Divorce Grounds in Wyoming
There is only one no-fault divorce ground in Wyoming, which is:
Irreconcilable difference is a valid divorce ground in Wyoming. Irreconcilable differences affect marriages badly. If you and your spouse have differences which can not be bridged, you can bail out under this no-fault divorce ground in Wyoming. These differences can be of lifestyles or natures.
Fault Divorce Grounds in Wyoming
The only fault divorce ground in Wyoming is:
Incurable insanity is a state in which a person looses all or some of his/her senses. To file a case in the court for divorce, you have to furnish the divorce court with a certified doctor’s report. This is not a very common divorce ground in Wyoming.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Wyoming.
Wyoming Divorce Laws
Wyoming has following divorce laws:
According to Wyoming divorce laws, the plaintiff can not request for a divorce until he has resided in this state for sixty days instantly after the case is filed. A married person who at the time of filing a complaint for divorce resides in this state is a resident although his spouse may reside elsewhere. A divorce may be filed in the district court of the county in which either party resides.
Documents Required for Filing Divorce
Under Wyoming divorce laws, following are the essential documents needed to start and finalize a divorce:
- Complaint for Divorce
- Decree of Divorce
- Marital Settlement Agreement
- Financial Affidavit
- Affidavit Concerning the Children
- Request for Setting
- Notice of Setting
- Certificate of Mailing
Distribution of Property
The Wyoming divorce court distributes the property as appears just and equitable considering the following factors:
- Having regard for 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 both party and children.
Change of Name or Restoration of Name
According to Wyoming divorce laws, the female spouse can restore to her maiden or married name. She must set out the name, she desires to be restored to, in her petition for dissolution.
When the spouses put their case forward, the court orders a mediation by looking at the situation the spouses are in. This process must not take more than sixty days after the mediation order is entered. However, the court can’t extend it upon its own motion, but may not be extended beyond the date set for final hearing.
Under Wyoming divorce laws, the Wyoming divorce court awards alimony to one who deserves, out of the estate of the other spouse. This award may include the other party’s assistance in shape of direct reward or may pay rents and profits, which are considered a necessity to a party’s for life.
According to Wyoming divorce laws, the courts determine the custody arrangement in the best interests of the child. The court considers, but is not limited to, the following factors:
- The quality of the relationship each child has with each parent.
- The ability of each parent to provide adequate care for each child throughout periods of responsibility, including arranging for each child’s care by others as needed.
- The relative competency and fitness of each parent.
Under Wyoming divorce laws, the court may intervene, when the parents can not agree on an appropriate child support obligation. The court applies the state support guidelines by using the support worksheet. If it is deemed appropriate the court may deviate from this support amount by considering various factors.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state
Wyoming Annulment Laws
Annulment is the courts decree nullifying an already void marriage. Annulments in the state of Wyoming are very rare. This is because unlike other states, the grounds for Wyoming annulment are limited. To get annulment in Wyoming, you have to base your case on one of the following annulment ground constituted by Wyoming annulment laws:
You can not have more than one spouse at a time under the Wyoming marriage laws. Bigamy is a legal ground for annulment according to Wyoming annulment laws.
If your spouse has some kind of mental illness, you can file for annulment under Wyoming annulment laws. However to get annulment on this ground, you have to provide a certified surgeon’s written testimony testifying your claim.
Consanguinity is a marital relationship between full-blood or half-blood relatives i.e. marriage with a natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child, brother, half brother sister. Such a marriage is considered null and void and can be annulled under Wyoming annulment laws.
Marriage, before the set legal marriageable age, is a valid ground for annulment according to Wyoming annulment laws.
Fraud and Duress
If you have been cheated, threatened or forced into a marriage, you can obtain annulment according to Wyoming annulment laws.
Wyoming Divorce Laws- Frequently Asked Questions
- What is the difference between legal separation and a divorce?
Legal separation is one in which both the spouses live separate and apart, but remain married. And divorce or dissolution of marriage is the termination of marriage.
- What are the residency requirements according to Wyoming divorce laws?
According to Wyoming divorce laws, one of the spouses has to meet the following residency requirements before filing for a Wyoming divorce: * The plaintiff must be a legal resident of the state for not less than 60 days. * One of the spouses must be a resident of Wyoming.
- Is there any advantage for the initiating party?
No, filing a case first in the divorce court does not affect any results.
- Is there any fixed amount for child support?
Child support is the financial assistance paid by non-custodial spouse to the custodial one for child support. According to Wyoming divorce laws, the amount of child support mainly depends upon gross income, the living standards and other relevant necessities.
- How long will I be required to pay child support?
Under Wyoming divorce laws, non-custodial spouse has to pay child support until the child turns 18 or completes his/her high school education. Child support duration can be extended in case of mental and physical disability of the child.
- How does the Wyoming divorce court grant alimony?
The money paid by one party to another after a divorce is known as alimony or spousal support. There is no fixed formula for the calculation of alimony. The points which a Wyoming divorce court considers before deciding an amount as alimony are income and mental ability.
- How much time a Wyoming divorce will take?
Wyoming divorces take approximately 20 days after filing.
- How does the Wyoming divorce court decide child custody issue?
Child custody is also a major problem of Wyoming divorce. The Wyoming divorce laws, state that child custody will be granted according to the child’s best interest. The court gives a chance to the parents to make decide the custody of a child. If both the parents fail to decide then court declares custody with respect to income, standards of living, medical and educational facilities.
- What is meant by uncontested divorce?
A divorce in which all the issue are resolved by both the parties is known as uncontested divorce. Issues settled in an uncontested divorce include child support, alimony or spousal support, property division and division of assets and liabilities.
- Must we hire two different divorce attorneys?
Yes you have to, because no divorce attorney can represent two spouses at the same time.