Wyoming law permits divorcing an incarcerated spouse through standard no-fault divorce proceedings under Wyo. Stat. § 20-2-104, requiring only that irreconcilable differences exist in the marriage. The filing spouse must establish 60 days of Wyoming residency under Wyo. Stat. § 20-2-107, pay court filing fees between $85 and $160 depending on county, and properly serve divorce papers at the correctional facility where the spouse is housed. Wyoming courts may grant a default divorce judgment if the incarcerated spouse fails to respond within 30 days of out-of-state service, allowing the petitioning spouse to proceed without active participation from the inmate.
Key Facts: Divorcing an Incarcerated Spouse in Wyoming
| Requirement | Details |
|---|---|
| Filing Fee | $85-$160 (varies by county) |
| Residency Requirement | 60 days minimum |
| Waiting Period | 20 days after filing |
| Grounds for Divorce | Irreconcilable differences (no-fault) |
| Property Division | Equitable distribution (all-property state) |
| Response Deadline (Out-of-State Service) | 30 days |
| Response Deadline (In-State Service) | 20 days |
| Inmate Locator | wdoc-loc.wyo.gov |
Understanding Wyoming Divorce Law for Prison Divorces
Wyoming recognizes only one ground for divorce under Wyo. Stat. § 20-2-104: irreconcilable differences in the marital relationship. This no-fault approach means the petitioning spouse does not need to prove the incarcerated spouse committed any wrongdoing beyond the marriage being irretrievably broken. Neither adultery, abandonment, nor the criminal conviction itself serves as a separate divorce ground in Wyoming, simplifying the process considerably for spouses of incarcerated individuals.
Wyoming's divorce statute applies equally whether a spouse is incarcerated within Wyoming at facilities such as the Wyoming State Penitentiary in Rawlins, the Wyoming Women's Center in Lusk, or the Wyoming Honor Farm, or housed in out-of-state correctional facilities through interstate compact agreements. The incarcerated spouse retains full legal rights to participate in divorce proceedings, receive service of process, file responsive pleadings, and contest property division or custody determinations.
The Wyoming Supreme Court addressed divorce involving an incarcerated spouse in Vernier v. Vernier, where the court affirmed a divorce decree granted against a husband incarcerated at Crowley Correctional Facility in Colorado. The appellate court held that proper service at the out-of-state facility, combined with the defendant's failure to timely respond, justified entry of a default judgment under Wyoming procedural rules.
Residency Requirements Before Filing
Under Wyo. Stat. § 20-2-107, the spouse filing for divorce must have resided in Wyoming for at least 60 consecutive days immediately before filing the Complaint for Divorce. Wyoming imposes no separate county residency requirement, meaning you may file in the district court of any county where you currently reside. The 60-day residency period ranks among the shortest in the United States, making Wyoming accessible for individuals who recently relocated to escape difficult marital situations.
Proof of residency typically requires documentation such as a Wyoming driver's license, voter registration card, residential lease agreement, or utility bills showing your Wyoming address. Courts do not require that the incarcerated spouse ever lived in Wyoming; jurisdiction exists so long as the filing spouse meets the 60-day threshold.
Alternatively, Wyo. Stat. § 20-2-107 provides that if the marriage was solemnized in Wyoming, at least one spouse must have lived in the state continuously since the marriage took place. This alternative pathway rarely applies in incarcerated spouse divorces but remains available for qualifying couples.
Step-by-Step Process for Divorcing an Incarcerated Spouse in Wyoming
Step 1: Locate Your Incarcerated Spouse
Before initiating divorce proceedings, you must identify the exact correctional facility housing your spouse. The Wyoming Department of Corrections (WDOC) maintains an official Offender Locator at wdoc-loc.wyo.gov, which allows searches using either the inmate's WDOC number or the first two letters of their last name. The database provides current facility location, projected discharge date, and parole eligibility information.
For spouses incarcerated outside Wyoming through interstate compact agreements or federal custody, the Federal Bureau of Prisons Inmate Locator (bop.gov/inmateloc) tracks federal inmates, while individual state departments of corrections maintain searchable databases for state prisoners. The VINE (Victim Information and Notification Everyday) system at vinelink.com also provides Wyoming inmate location information.
Step 2: Prepare and File the Complaint for Divorce
The Wyoming Judicial Branch provides self-help divorce packets at wyocourts.gov covering various divorce scenarios. For divorces involving an incarcerated spouse, you will need to complete and file the following core documents with the District Court Clerk in the county where you reside:
- Complaint for Divorce (Form DIVCP 1)
- Summons (Form DIVCP 2)
- Confidential Financial Affidavit (if applicable)
- Proposed Parenting Plan (if minor children exist)
- Child Support Guideline Worksheet (if applicable)
Filing fees range from $85 to $160 depending on the county. Natrona County and Sheridan County charge $160, while smaller counties may charge as little as $70 to $85. If you cannot afford filing fees, Wyoming courts offer fee waivers through the Affidavit of Indigency contained in Self-Help Packet 10, available at wyocourts.gov.
Step 3: Serve Divorce Papers at the Correctional Facility
Serving divorce papers on an incarcerated spouse requires coordination with prison administration rather than standard personal service methods. Wyoming Rule of Civil Procedure 4(c) permits service through the county sheriff, a professional process server, or any adult who is not a party to the action. For inmates housed in Wyoming correctional facilities, professional process servers experienced with institutional service typically charge $50 to $100 and navigate facility protocols efficiently.
Correctional facilities require process servers to coordinate with the institution's litigation coordinator or designated official, follow entry and identification protocols, and often schedule appointments in advance. Serve-now.com and inmateprocess.com maintain networks of Wyoming process servers trained in institutional service requirements.
For spouses housed in out-of-state facilities, you may arrange service through a process server licensed in that state or through certified mail with return receipt requested where permitted by facility policy. Service on an out-of-state defendant triggers a 30-day response period under Wyoming Rule of Civil Procedure 12(a), compared to 20 days for in-state service.
Step 4: Obtain Default Judgment or Await Response
If your incarcerated spouse fails to file an Answer or Response within the applicable deadline (20 days for in-state service, 30 days for out-of-state service), you may file an Application for Entry of Default (Form DIVCP 15) with the court. A default judgment allows the court to proceed without the incarcerated spouse's participation and may grant the relief requested in your Complaint, including property division, custody arrangements, and support orders.
The Wyoming Supreme Court in Vernier v. Vernier affirmed that properly served incarcerated spouses who fail to respond forfeit their opportunity to contest divorce terms. However, the defaulting spouse may file a Motion to Set Aside Entry of Default if they can demonstrate good cause for their failure to respond, such as facility mail delays or lack of access to legal resources.
If your spouse does respond and contests the divorce, contested proceedings may extend the timeline from 6 months to 2 years depending on complexity. Wyoming courts may conduct hearings by telephone or video conference to accommodate incarcerated parties, though specific arrangements depend on facility capabilities and court discretion.
Property Division in Wyoming Prison Divorces
Wyoming follows equitable distribution principles under Wyo. Stat. § 20-2-114(a), requiring courts to divide marital property in a manner that appears "just and equitable" considering the respective merits of the parties and the condition in which each will be left following divorce. Notably, Wyoming operates as an "all-property" or "hotchpot" state, meaning courts may divide any asset owned by either spouse, including property acquired before marriage, inheritances, and gifts. The source of an asset remains a factor but does not automatically shield it from division.
The Wyoming Supreme Court in Bloedow v. Maes-Bloedow (2024 WY 115) reaffirmed that equitable does not mean equal, and courts retain broad discretion to award one spouse a greater percentage of marital property based on relevant factors.
Factors Courts Consider for Property Division
| Factor | How It Applies to Incarcerated Spouse Cases |
|---|---|
| Respective merits of parties | Criminal conduct may weigh against incarcerated spouse |
| Condition after divorce | Non-incarcerated spouse likely has greater immediate needs |
| How property was acquired | Spouse who worked/earned assets during marriage may receive more |
| Contributions to marriage | Homemaking, childcare valued equally to financial contributions |
| Length of marriage | Longer marriages trend toward more equal division |
| Earning capacity | Incarcerated spouse has limited immediate earning potential |
| Age and health | Both spouses' circumstances considered |
Incarceration significantly impacts several equitable distribution factors. Courts commonly consider the non-incarcerated spouse's need to maintain housing and support for children, the incarcerated spouse's reduced financial contributions during imprisonment, limited earning capacity during incarceration, and the circumstances of the underlying criminal conviction. If the conviction involved financial crimes, domestic violence, or other conduct that damaged marital assets or the family unit, courts may weigh these facts against the incarcerated spouse.
Child Custody When One Parent Is Incarcerated
Wyoming courts determine custody based on the child's best interests under standards developed through statute and case law, without preference for either parent based on gender. The Wyoming Judicial Branch identifies key factors including the quality of each parent's relationship with the child, each parent's ability to provide adequate care, the relative competency and fitness of each parent, and willingness to accept parenting responsibilities.
Impact of Incarceration on Custody Determinations
Incarceration substantially affects custody analysis under Wyoming's best interest framework. Courts consider practical realities: an incarcerated parent cannot provide physical care, transportation to school, or daily supervision. Physical custody almost invariably goes to the non-incarcerated parent or, if that parent is unfit, to another suitable guardian.
However, incarceration alone does not automatically terminate parental rights or eliminate all contact. Wyoming courts may order:
- Supervised visitation at the correctional facility if age-appropriate and in the child's best interest
- Telephone or video contact between parent and child
- Letter correspondence
- Modified custody upon release, subject to transition periods
Domestic violence and child abuse receive specific attention under Wyoming law, which requires judges to consider evidence of such conduct as contrary to the child's best interests. If the incarceration resulted from domestic violence or child abuse, courts weigh this heavily against the incarcerated parent's custody and visitation rights.
Spousal Support Considerations
Under Wyo. Stat. § 20-2-114, Wyoming courts may award "reasonable alimony out of the estate of the other having regard for the other's ability to pay." Wyoming provides judges substantial discretion without a statutory formula, making alimony awards highly fact-dependent.
Types of Spousal Support in Wyoming
| Type | Purpose | Typical Duration |
|---|---|---|
| Transitional Support | Help spouse obtain education/training for employment | 1-5 years |
| Compensatory Support | Repay contributions to other spouse's education/career | Varies |
| Spousal Maintenance | Maintain marital standard of living | Can be permanent |
In divorcing an incarcerated spouse, the ability-to-pay analysis presents unique challenges. An incarcerated spouse typically earns prison wages of $0.15 to $1.00 per hour, making current alimony payments impractical. However, courts may consider:
- Future earning capacity upon release
- Property division in lieu of ongoing support
- Deferred alimony orders taking effect upon release
- Assets held before incarceration
The non-incarcerated spouse's self-sufficiency and ability to support themselves during the incarceration period often leads courts to address economic needs through property division rather than ongoing support obligations the incarcerated spouse cannot meet.
Timeline Expectations for Wyoming Prison Divorces
Wyoming imposes a minimum 20-day waiting period under Wyo. Stat. § 20-2-108 between filing and entry of a divorce decree, ranking among the shortest waiting periods nationally. Practical timelines for divorcing an incarcerated spouse depend heavily on whether the divorce is contested.
Typical Timeline Breakdown
| Stage | Uncontested | Contested |
|---|---|---|
| Establish 60-day residency | 60 days | 60 days |
| File complaint and serve papers | 1-3 weeks | 1-3 weeks |
| Response deadline (out-of-state) | 30 days | 30 days |
| Waiting period | 20 days | 20 days |
| Default judgment or negotiations | 1-2 weeks | N/A |
| Discovery and motions | N/A | 3-6 months |
| Trial preparation | N/A | 1-3 months |
| Trial and decree | N/A | 1-6 months |
| Total Estimated Time | 30-60 days | 6 months - 2 years |
Uncontested divorces where the incarcerated spouse either defaults or signs consent documents can finalize in as few as 30 to 60 days. Contested cases involving disputes over property, custody, or support extend timelines to 6 months or longer, with complex contested matters potentially lasting 2 years.
Some Wyoming counties permit divorce finalization without a court appearance through an Affidavit for Divorce Without Appearance of Parties, further streamlining uncontested cases. Contact your local District Court Clerk to determine availability in your county.
Service by Publication as an Alternative
Wyoming Rule of Civil Procedure 4(e) permits service by publication in divorce cases when the defendant's residence cannot be ascertained or the defendant conceals themselves to avoid service. While incarcerated spouses have known locations (correctional facilities), service by publication may become relevant if the inmate transfers between facilities repeatedly or if facility administration refuses to cooperate with service attempts.
Service by publication requires:
- Court approval based on diligent but unsuccessful service attempts
- Publication in a newspaper of general circulation for a specified period
- Filing proof of publication with the court
Under Wyoming Rule of Civil Procedure 12(a), defendants served by publication have 30 days after the last day of publication to respond. If no response is filed, default judgment becomes available.
Filing Fees and Cost Considerations
Divorcing an incarcerated spouse in Wyoming involves the following typical costs as of January 2026:
| Expense | Estimated Cost |
|---|---|
| District Court filing fee | $85-$160 |
| Process server (correctional facility) | $50-$100 |
| Certified mail service alternative | $15-$30 |
| Copy and certification fees | $10-$25 |
| Fee waiver available | Yes (Affidavit of Indigency) |
Total costs for an uncontested divorce without attorney representation typically range from $150 to $300. Adding attorney assistance increases costs to $1,500 to $3,000 for straightforward matters, while contested divorces may cost $11,000 to $50,000 or more with attorney fees of $200 to $400 per hour.
The Wyoming Judicial Branch offers self-help resources at wyocourts.gov, and Equal Justice Wyoming provides referrals to low-cost legal assistance for qualifying individuals.
Special Considerations for Your Situation
Protective Orders and Safety Planning
If your incarcerated spouse was convicted of domestic violence or poses a safety threat upon release, consider requesting a protective order as part of divorce proceedings. Wyoming courts may issue civil protection orders (CPO) prohibiting contact, and divorce decrees can include provisions addressing anticipated release dates.
Communication During Proceedings
Incarcerated spouses may attempt contact through prison phone systems or mail. Establish boundaries clearly, and document any threatening or harassing communications for court consideration. Wyoming law considers domestic violence history when determining custody and may factor inappropriate post-filing conduct into property division analysis.
Impact on Children's Benefits
Divorce may affect your children's eligibility for certain benefits. Consult with a benefits specialist regarding Social Security survivor or dependent benefits, military dependent benefits, and health insurance coverage changes before finalizing your divorce decree.