Is Wyoming a no-fault divorce state?

Yes, Wyoming is primarily a no-fault divorce state. Under Wyo. Stat. §20-2-104, a divorce can be granted based on irreconcilable differences, meaning neither spouse must prove fault or wrongdoing to obtain a divorce.

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

You must have been a resident of Wyoming for at least 60 days immediately before filing your divorce complaint. Alternatively, if your marriage was performed in Wyoming, you must have been a resident continuously from the time of the marriage to the time of filing.

How is property divided in a Wyoming divorce?

Wyoming is an equitable distribution state, meaning the court divides property in a manner it deems just and equitable rather than automatically splitting everything 50/50. The court considers factors such as the length of the marriage, each spouse's contributions, and the circumstances each spouse will face after the divorce.

How long does a divorce take in Wyoming?

Wyoming requires a minimum 20-day waiting period after service of process. An uncontested divorce may be finalized in one to three months, while contested divorces involving disputes over property, custody, or support can take six months to over a year.

How much does it cost to file for divorce in Wyoming?

The filing fee for a divorce in Wyoming ranges from approximately $70 to $160, depending on the county. Additional costs may include service of process fees, attorney fees, and mediation expenses. Always verify the current fee with your local clerk of court.

How is child custody determined in a Wyoming divorce?

Wyoming courts determine child custody based on the best interests of the child. The court evaluates factors including each parent's relationship with the child, the stability of each home environment, the child's preferences if age-appropriate, and any history of domestic violence or substance abuse.

Can I get alimony in a Wyoming divorce?

Yes, Wyoming courts may award spousal support (alimony) based on the specific circumstances of the case. The court considers factors such as the length of the marriage, each spouse's earning capacity, the standard of living during the marriage, and one spouse's contributions to the other's education or career.

What is the difference between a contested and uncontested divorce in Wyoming?

An uncontested divorce occurs when both spouses agree on all major issues, including property division, custody, and support, and submit a settlement agreement to the court. A contested divorce involves disagreements on one or more issues that must be resolved through negotiation, mediation, or a court trial, which typically takes longer and costs more.

Divorce in Wyoming: A Complete Guide

Introduction

Filing for divorce is one of the most significant legal steps a person can take, and understanding the specific laws of your state is essential to navigating the process with confidence. Wyoming offers a relatively straightforward divorce framework built around no-fault principles, equitable property division, and a comparatively short waiting period. Whether you are just beginning to consider divorce or are ready to file, this guide will walk you through the key aspects of Wyoming divorce law—from residency requirements and grounds for dissolution to property division, child custody, spousal support, and the overall filing process.

This guide is designed to provide a general educational overview of divorce in Wyoming. It is not a substitute for personalized legal advice from a qualified Wyoming family law attorney.

Grounds for Divorce in Wyoming

Wyoming is primarily a no-fault divorce state. Under Wyo. Stat. §20-2-104, a divorce may be decreed by the district court on the complaint of the aggrieved party based on irreconcilable differences in the marital relationship. This means that neither spouse needs to prove wrongdoing—such as adultery, cruelty, or abandonment—in order to obtain a divorce.

What "Irreconcilable Differences" Means

Irreconcilable differences is a broad legal term that simply acknowledges the marriage is broken beyond repair and there is no reasonable prospect of reconciliation. You do not need to assign blame or present evidence of specific misconduct. This no-fault approach helps reduce conflict during the divorce proceedings and allows couples to focus on resolving practical matters such as property division and child custody.

Fault-Based Considerations

While Wyoming's divorce statute centers on no-fault grounds, a spouse's conduct during the marriage may still be relevant in certain contexts. For example, a court may consider marital misconduct when making decisions about property division or spousal support, even though fault is not required to obtain the divorce itself.

Residency Requirements

Before you can file for divorce in Wyoming, you must satisfy specific residency conditions. Under Wyo. Stat. §20-2-107(a), no divorce shall be granted unless one of two residency conditions is met:

The plaintiff has been a resident of Wyoming for at least 60 days immediately preceding the filing of the complaint for divorce, or
The marriage was performed in Wyoming and the plaintiff has been a resident of the state from the time of the marriage to the time of filing.

These requirements ensure that Wyoming courts have proper jurisdiction over the divorce case. If you recently moved to Wyoming, you will generally need to wait until you have established at least 60 days of residency before initiating the process.

Where to File

Divorce cases in Wyoming are filed in the district court of the county where either spouse resides. If you are unsure which county has jurisdiction, consult with a local attorney or contact the clerk of court in your county.

Property Division

Wyoming follows the principle of equitable distribution when dividing marital property. Under Wyo. Stat. §20-2-114(a), in granting a divorce, the court shall make such disposition of the property of the parties as appears just and equitable, 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 either party and their children.

Equitable Does Not Mean Equal

It is important to understand that equitable distribution does not necessarily mean a 50/50 split. The court has broad discretion to divide property in a manner that is fair under the circumstances of each case. Factors the court may consider include:

Length of the marriage
Each spouse's economic circumstances and earning capacity
Contributions of each spouse to the marital estate, including homemaking and child-rearing
The party through whom the property was acquired
Any prenuptial or postnuptial agreements
The health and age of each spouse

Marital vs. Separate Property

Wyoming courts have the authority to divide all property owned by either spouse, regardless of when or how it was acquired. However, the origin of property—whether it was brought into the marriage, inherited, or acquired jointly—may influence how the court chooses to distribute it. Wyoming courts consider the totality of the circumstances rather than applying rigid rules about marital versus separate property.

Child Custody and Visitation

When a divorcing couple has minor children, custody and visitation arrangements are among the most critical issues to resolve. Wyoming courts make custody decisions based on the best interests of the child standard, which is the guiding principle in virtually all custody determinations.

Types of Custody

Wyoming law recognizes two forms of custody:

Legal custody — the right to make major decisions about the child's upbringing, including education, healthcare, and religious training.
Physical custody — where the child primarily lives on a day-to-day basis.

Courts may award sole custody to one parent or joint custody (shared between both parents), depending on what arrangement best serves the child's welfare.

Factors Considered

When determining custody, the court may evaluate a range of factors, including:

The quality of each parent's relationship with the child
Each parent's ability to provide a stable home environment
The child's wishes, particularly if the child is of sufficient age and maturity
Each parent's willingness to foster the child's relationship with the other parent
Any history of domestic violence or substance abuse
The geographic proximity of the parents' residences

Parenting Plans

Wyoming courts often encourage or require parents to submit a parenting plan that outlines custody schedules, holiday arrangements, decision-making responsibilities, and methods for resolving future disputes. If the parents cannot agree, the court will impose a custody arrangement.

Spousal Support (Alimony)

Wyoming courts have the discretion to award spousal support (alimony) in divorce cases when appropriate. There is no fixed formula for calculating alimony in Wyoming; instead, the court considers the facts and circumstances of each case.

Factors Influencing Spousal Support

The court may consider several factors when determining whether to award alimony and in what amount, including:

The length of the marriage
Each spouse's earning capacity and financial resources
The standard of living established during the marriage
Each spouse's health and age
One spouse's contributions to the other's education or career
The ability of the paying spouse to meet their own needs while providing support

Types and Duration

Spousal support in Wyoming may be awarded on a temporary, rehabilitative, or long-term basis, depending on the needs of the requesting spouse and the ability of the other spouse to pay. Rehabilitative alimony is designed to help a lower-earning spouse become self-sufficient through education or job training, while long-term support may be appropriate in cases involving lengthy marriages where one spouse has limited earning potential.

Filing Process

Filing for divorce in Wyoming involves several key steps. While the process can vary depending on the complexity of your case and whether the divorce is contested or uncontested, the general framework is as follows:

Step 1: Prepare and File the Complaint

The divorce process begins when one spouse (the plaintiff) files a Complaint for Divorce with the district court in the appropriate county. The complaint outlines the grounds for divorce and may include requests related to property division, custody, and support.

Step 2: Serve the Other Spouse

After filing, the complaint and a summons must be formally delivered to the other spouse (the defendant) through a legal process known as service of process. This ensures the defendant is properly notified of the proceedings.

Step 3: Waiting Period

Wyoming imposes a mandatory 20-day waiting period after service of process before the court can finalize the divorce. This waiting period gives both parties time to respond and potentially negotiate settlement terms.

Step 4: Response

The defendant has the opportunity to file a response (answer) to the complaint, which may include counterclaims or alternative requests regarding property, custody, or support.

Step 5: Negotiation, Mediation, or Trial

If the spouses agree on all issues, they may submit a settlement agreement to the court for approval, resulting in an uncontested divorce. If disputes remain, the parties may pursue mediation or proceed to a contested hearing or trial, where the judge will make final determinations.

Step 6: Final Decree

Once all issues are resolved—either by agreement or court order—the judge signs a Decree of Divorce, which officially dissolves the marriage and memorializes the terms of property division, custody, support, and other matters.

Timeline and Costs

How Long Does a Wyoming Divorce Take?

The minimum timeline for a Wyoming divorce is approximately 20 days after service of process, though this assumes an uncontested case where all issues are quickly resolved. In practice, even straightforward uncontested divorces may take one to three months from filing to final decree. Contested divorces involving disputes over property, custody, or support can take six months to over a year to resolve.

How Much Does a Wyoming Divorce Cost?

Filing fee: Approximately $70 to $160, depending on the county. (As of February 2026. Verify the current fee with your local clerk of court, as fees may change.)
Service of process fees: Varies, typically $30 to $75 for sheriff service.
Attorney fees: These can vary significantly depending on the complexity of the case, ranging from a few hundred dollars for assistance with an uncontested divorce to several thousand dollars or more for contested matters.
Mediation costs: If mediation is used, there may be additional fees depending on the mediator's rates.

Overall, an uncontested divorce in Wyoming can be relatively affordable, while contested cases with significant assets or custody disputes will be more expensive.

Tips for a Smoother Divorce Process

Organize your financial documents early, including tax returns, bank statements, retirement account information, and property records.
Consider mediation to resolve disputes outside of court, which can save time and money.
Prioritize your children's well-being in all custody discussions and be open to cooperative parenting arrangements.
Consult with a qualified family law attorney to understand your rights and obligations before making important decisions.

Legal Disclaimer

This guide is provided for informational and educational purposes only and does not constitute legal advice. Divorce laws and procedures can change, and every case involves unique facts and circumstances. The information presented here is based on Wyoming statutes and general legal principles as of the time of writing and may not reflect the most current legal developments. Filing fees, court procedures, and other details should be verified with your local district court clerk. You should consult with a licensed Wyoming family law attorney to obtain advice tailored to your specific situation before taking any legal action.