Wyoming is a no-fault divorce state, meaning adultery cannot be cited as legal grounds for divorce under Wyo. Stat. § 20-2-104. However, marital infidelity can still influence property division, alimony awards, and potentially custody decisions through Wyoming's "respective merits" standard established in Grosskopf v. Grosskopf, 677 P.2d 814 (Wyo. 1984). While Wyoming courts will not "punish" a cheating spouse, judges may consider adultery when dividing assets—particularly if the affair caused financial harm to the marriage through dissipation of marital funds.
Key Facts: Adultery and Divorce in Wyoming
| Factor | Wyoming Law |
|---|---|
| Filing Fee | $85-$160 (varies by county) |
| Waiting Period | 20 days minimum (Wyo. Stat. § 20-2-108) |
| Residency Requirement | 60 days (Wyo. Stat. § 20-2-107) |
| Grounds for Divorce | No-fault only (irreconcilable differences) |
| Property Division | Equitable distribution |
| Adultery as Grounds | Not recognized |
| Adultery in Property Division | May be considered under "respective merits" |
| Adultery in Alimony | Limited consideration for financial impact |
| Adultery Criminal Status | Not a crime in Wyoming |
Wyoming's No-Fault Divorce System and Adultery
Wyoming operates exclusively as a no-fault divorce state, which means spouses cannot file for divorce based on adultery, abandonment, cruelty, or any other fault-based ground. Under Wyo. Stat. § 20-2-104, the only grounds recognized for divorce are "irreconcilable differences" that have caused the irremediable breakdown of the marriage. This framework was designed to reduce courtroom conflict and allow couples to divorce without assigning blame.
The practical impact of this no-fault system is significant for those considering an adultery divorce in Wyoming. You cannot file paperwork stating that your spouse's affair is the reason for your divorce. Instead, you must simply allege that irreconcilable differences exist. Wyoming also recognizes one additional ground—incurable insanity under Wyo. Stat. § 20-2-105—but this requires proof of confinement in a mental hospital for at least two years and is rarely invoked.
Despite the no-fault framework, Wyoming law contains an important exception that allows marital misconduct to influence divorce outcomes. The Wyoming Supreme Court has consistently held that while fault cannot be used to obtain a divorce, it may still affect how courts divide property and award alimony.
How Adultery Affects Property Division in Wyoming
Wyoming follows equitable distribution principles for dividing marital property, meaning courts divide assets in a manner deemed "just and equitable" rather than automatically splitting everything 50/50. Under Wyo. Stat. § 20-2-114(a), the court must consider "the respective merits of the parties" when making property division decisions—and this is where adultery can enter the equation.
In the landmark case Grosskopf v. Grosskopf, 677 P.2d 814 (Wyo. 1984), the Wyoming Supreme Court explicitly held that "the court may also consider fault of the respective parties together with all other facts and circumstances surrounding the dissolution of the marriage for purposes of determining division of property, alimony, and award of attorneys fees." This ruling established that Wyoming's adoption of no-fault divorce grounds did not eliminate fault considerations from property division.
There are specific circumstances where adultery most significantly affects property division in Wyoming divorces:
Dissipation of Marital Assets
When a cheating spouse diverts marital funds to support an extramarital affair—paying for hotels, gifts, trips, or an apartment for a paramour—courts may adjust the property division to compensate the innocent spouse. If a husband spent $50,000 of marital savings on an affair, the court might award the wife a larger share of remaining assets to account for this dissipation. Wyoming judges have broad discretion to consider such financial misconduct.
Economic Harm to the Marriage
Beyond direct spending on an affair, adultery can cause economic harm when a spouse neglects business responsibilities, reduces work hours to pursue the relationship, or makes poor financial decisions while distracted by the affair. Courts may consider these indirect economic impacts when dividing property.
The "Respective Merits" Analysis
Wyoming courts examine the overall conduct of both parties throughout the marriage when applying the "respective merits" standard. A spouse who maintained their responsibilities, contributed financially, and cared for children may receive favorable consideration compared to a spouse whose affair damaged the family unit. However, judges cannot use property division purely to "punish" a cheating spouse—there must be a connection to financial impact or the overall equities of the situation.
Adultery and Alimony in Wyoming
The effect of adultery on alimony (spousal support) in Wyoming is limited but not nonexistent. Under Wyo. Stat. § 20-2-114, courts may award "reasonable alimony" to either spouse, considering the other spouse's ability to pay. The statute itself provides minimal guidance, but Wyoming case law has developed additional factors courts consider.
The Wyoming Supreme Court established in 1980 that judges may not use alimony to punish a spouse for marital misconduct. This means a court cannot deny alimony to a cheating spouse solely because they had an affair. The primary focus remains on financial need and the ability to pay.
However, adultery may affect alimony in Wyoming through these pathways:
Financial Impact Assessment
If adultery resulted in dissipation of marital assets that would otherwise provide for the innocent spouse, courts may increase alimony awards to compensate. For example, if a husband spent retirement savings on an affair, leaving the wife without adequate retirement income, the court might award rehabilitative alimony to address this harm.
Standard of Living Considerations
Wyoming recognizes three types of spousal support: transitional support (for education or job training), compensatory support (to repay contributions to a spouse's career), and spousal maintenance (to maintain marital standard of living). While adultery itself does not determine these awards, the economic consequences of an affair may factor into calculating appropriate support levels.
Discretionary Consideration
Individual Wyoming judges retain discretion to consider evidence of adultery when making alimony decisions, particularly if they believe the circumstances warrant it. However, this discretion is limited by the Supreme Court's prohibition on using support awards as punishment.
Does a Cheating Spouse Lose Custody Rights in Wyoming?
Wyoming custody determinations focus exclusively on the "best interests of the child" under Wyo. Stat. § 20-2-201. Adultery alone does not disqualify a parent from custody, and courts will not automatically favor the innocent spouse simply because the other parent had an affair. The law explicitly states that custody decisions "shall not favor or disfavor any form of custody" based on factors unrelated to parenting ability.
However, circumstances surrounding adultery may affect custody outcomes in specific situations:
Exposure of Children to Inappropriate Situations
If a parent exposed children to their affair—having the paramour stay overnight, introducing them as a romantic partner during the marriage, or engaging in inappropriate behavior around children—courts may view this as poor judgment affecting parenting fitness. The issue is not the adultery itself but the parent's decision-making regarding the children.
Impact on Parenting Ability
A parent who became so consumed by an affair that they neglected parenting responsibilities—missing children's events, failing to provide care, or being emotionally unavailable—may face negative custody implications. Again, the focus is on actual parenting behavior rather than moral judgment about adultery.
Domestic Violence or Abuse
While separate from adultery, if an affair coincided with domestic violence, emotional abuse, or substance abuse, these factors weigh heavily in custody determinations. Wyoming law requires courts to consider evidence of domestic violence as contrary to the child's best interests.
Wyoming courts favor cooperative co-parenting and will generally award custody to parents willing to facilitate the child's relationship with the other parent. A spouse who uses adultery accusations to alienate children from their other parent may actually harm their own custody position.
Proving Adultery in Wyoming Divorce Cases
Even though adultery cannot be cited as grounds for divorce in Wyoming, gathering evidence of an affair may still be relevant for property division and alimony arguments. If you believe your spouse's infidelity caused financial harm to the marriage, you may need to demonstrate both the affair and its economic impact.
Common forms of evidence in Wyoming adultery cases include:
Financial Records
Bank statements, credit card records, and financial accounts showing expenditures on hotels, restaurants, gifts, travel, or a separate residence can document dissipation of marital assets. These records are often the most persuasive evidence for property division adjustments.
Electronic Communications
Text messages, emails, and social media communications may establish the existence of an affair. However, Wyoming privacy laws limit how such evidence can be obtained—accessing a spouse's phone or accounts without permission may create legal complications.
Witness Testimony
Friends, family members, private investigators, or even the paramour themselves may provide testimony confirming an affair. Wyoming courts allow such testimony when relevant to property or support issues.
Documentation Timeline
Creating a timeline showing when the affair began, how long it lasted, and when marital funds were diverted helps courts understand the full financial impact of the infidelity.
Cost of Divorce When Adultery Is Involved
The financial cost of divorce in Wyoming increases significantly when adultery allegations are contested. A simple uncontested divorce may cost $500-$1,500 total, but contested cases involving adultery evidence and property disputes can reach $15,000-$50,000 or more.
| Cost Category | Uncontested Divorce | Contested (Adultery Issues) |
|---|---|---|
| Filing Fee | $85-$160 | $85-$160 |
| Attorney Fees | $500-$2,000 | $5,000-$25,000+ |
| Private Investigator | N/A | $1,500-$5,000 |
| Forensic Accountant | N/A | $2,500-$10,000 |
| Court Costs | $100-$300 | $500-$2,000 |
| Mediation | $300-$600 | $1,000-$3,000 |
| Total Estimate | $1,000-$3,000 | $10,000-$50,000+ |
Filing fees in Wyoming range from $85 to $160 depending on the county—Sheridan County and Natrona County charge $160 at the higher end, while some counties charge $70-$100. As of April 2026, verify current fees with your local district court clerk, as amounts may have changed.
Wyoming offers fee waivers for qualifying individuals through the Affidavit of Indigency and Request for Waiver of Filing Fees (Self-Help Packet 10 from wyocourts.gov). Income eligibility varies but generally applies to those earning below 125% of federal poverty guidelines.
Timeline for Wyoming Divorce Involving Adultery
Wyoming has one of the shortest mandatory waiting periods in the nation—just 20 days from filing under Wyo. Stat. § 20-2-108. However, actual divorce timelines vary significantly based on whether adultery creates contested issues.
| Divorce Type | Typical Timeline |
|---|---|
| Uncontested (no adultery dispute) | 30-60 days |
| Contested (adultery affects property) | 6-12 months |
| Highly contested (custody + property) | 12-24 months |
| With trial | 18-36 months |
The 60-day residency requirement under Wyo. Stat. § 20-2-107 means you must have lived in Wyoming for at least 60 days before filing. This is among the shortest residency requirements in the United States. Only one spouse needs to meet this requirement—the filing spouse can proceed even if the other spouse lives in another state.
Strategic Considerations for Adultery Divorce in Wyoming
If you are considering divorce due to a spouse's adultery in Wyoming, strategic planning can significantly affect your outcome:
Document Financial Impact First
Before filing, gather comprehensive financial records showing how marital funds were spent during the affair. Bank statements, credit card records, and account histories establish the foundation for dissipation claims.
Consider Mediation
Even in adultery situations, mediation often produces better outcomes than litigation. A mediator can help negotiate property division that accounts for financial misconduct without the expense and uncertainty of trial.
Protect Marital Assets
If you suspect ongoing dissipation, consult an attorney about temporary restraining orders preventing further depletion of accounts. Wyoming courts can issue such orders to preserve assets during divorce proceedings.
Focus on Economics, Not Emotions
Wyoming courts are not receptive to purely emotional arguments about adultery. Frame your case around financial harm and equitable distribution rather than moral outrage. Judges have wide discretion but tend to focus on practical outcomes.
Consider Children's Wellbeing
If children are involved, avoid using adultery allegations as leverage in custody disputes unless there are genuine parenting concerns. Courts favor parents who prioritize children's relationships with both parents over those seeking retribution.
Adultery Is Not a Crime in Wyoming
Unlike some states that maintain outdated adultery criminal statutes, Wyoming does not criminalize extramarital affairs. There are no criminal penalties, fines, or jail time for adultery in Wyoming. This means you cannot report your spouse to law enforcement or use criminal proceedings as leverage in divorce negotiations.
The absence of criminal penalties reflects Wyoming's modern approach to marriage dissolution—treating divorce as a private civil matter rather than a moral or criminal issue. While this may feel unsatisfying to a betrayed spouse, it allows both parties to focus on practical divorce outcomes rather than criminal accusations.
Frequently Asked Questions
Can I file for divorce based on adultery in Wyoming?
No, Wyoming is strictly a no-fault divorce state under Wyo. Stat. § 20-2-104. The only recognized ground for divorce is "irreconcilable differences." You cannot cite adultery, cheating, or infidelity as legal grounds for your divorce petition in Wyoming courts.
Will my cheating spouse get less property in the divorce?
Possibly. Under the "respective merits" standard in Wyo. Stat. § 20-2-114 and Grosskopf v. Grosskopf case law, Wyoming courts may consider adultery when dividing property—particularly if the affair caused financial harm through dissipation of marital assets. However, courts cannot simply "punish" a cheating spouse with an unequal division.
Does adultery affect alimony awards in Wyoming?
Adultery has limited impact on alimony in Wyoming. Courts cannot deny or reduce alimony solely to punish a cheating spouse. However, if the affair caused financial harm—such as depleting savings that would otherwise support the innocent spouse—courts may adjust alimony accordingly. The focus remains on financial need and ability to pay.
Can I use my spouse's affair against them in custody decisions?
Generally no. Wyoming custody determinations focus exclusively on the child's best interests under Wyo. Stat. § 20-2-201. Adultery alone does not affect custody unless it directly impacted parenting—such as exposing children to inappropriate situations or neglecting parental responsibilities while pursuing the affair.
How do I prove adultery in Wyoming divorce court?
Relevant evidence includes financial records showing expenditures on the affair, electronic communications, witness testimony, and documentation timelines. Since adultery primarily affects property division through financial impact, focus evidence-gathering on demonstrating economic harm rather than simply proving the affair occurred.
What is the waiting period for divorce in Wyoming?
Wyoming has a 20-day mandatory waiting period under Wyo. Stat. § 20-2-108—one of the shortest in the nation. No divorce decree can become final until at least 20 days have elapsed from filing the complaint. Uncontested divorces typically finalize in 30-60 days total.
How long do I need to live in Wyoming to file for divorce?
You must establish 60 days of residency in Wyoming immediately before filing under Wyo. Stat. § 20-2-107. Alternatively, if you married in Wyoming, you can file if you have lived there continuously since the marriage. Only one spouse needs to meet the residency requirement.
How much does divorce cost in Wyoming?
Filing fees range from $85 to $160 depending on the county. Simple uncontested divorces cost $1,000-$3,000 total including attorney fees. Contested divorces involving adultery disputes typically cost $10,000-$50,000 or more due to extended litigation, discovery, and potential expert witnesses.
Is adultery a crime in Wyoming?
No, adultery is not a crime in Wyoming. There are no criminal penalties, fines, or jail time for extramarital affairs. Wyoming treats divorce as a private civil matter, and law enforcement has no role in adultery situations.
Should I hire a private investigator to prove my spouse's affair?
A private investigator may help document an affair for property division purposes, typically costing $1,500-$5,000. However, consider whether the potential property division adjustment justifies this expense. In many cases, financial records alone sufficiently demonstrate dissipation of marital assets without investigative costs.
Finding Legal Help for Adultery Divorce in Wyoming
Navigating divorce when adultery is involved requires experienced legal guidance. Wyoming family law attorneys can help you understand how marital misconduct may affect your specific situation, gather appropriate evidence, and present your case effectively under the "respective merits" standard.
The Wyoming State Bar offers a lawyer referral service, and many family law attorneys provide initial consultations to discuss your circumstances. Given the discretionary nature of Wyoming's property division rules, having an attorney who understands how local judges apply the Grosskopf precedent can significantly affect your outcome.
For additional resources, visit the Wyoming Judicial Branch self-help center for forms, filing instructions, and guidance on representing yourself if necessary.