Wyoming Statutes Title 20 - Domestic Relations

Wyoming is a no-fault divorce state. The only ground required is 'irreconcilable differences' in the marital relationship. Either spouse can file in the district court of the county where either party resides, without proving fault or wrongdoing by the other spouse.

Effective: 2024

A divorce may be granted if a spouse has been confined to a mental hospital for at least 2 years before the filing. The filing spouse must show the confined spouse has incurable insanity. The court may still order the filing spouse to provide financial support for the incapacitated spouse.

Effective: 2024

To file for divorce in Wyoming, the filing spouse must have resided in the state for at least 60 days immediately before filing. Alternatively, if the marriage took place in Wyoming, one spouse must have resided in the state continuously from the date of the marriage until filing.

Effective: 2024

Either spouse may petition for a judicial separation (legal separation) instead of divorce. The court has the same powers over property, support, and children as in a divorce proceeding. A prior judicial separation does not automatically become grounds for divorce based on desertion or separation.

Effective: 2024

A marriage may be annulled if either party was already married, either party was mentally incompetent, the parties are within prohibited degrees of relation, or either party was under 16 at the time of the marriage. Either party may petition the district court for a decree of nullity.

Effective: 2024

Wyoming uses equitable distribution — the court divides all property in a manner that is 'just and equitable,' which does not necessarily mean 50/50. The court considers the respective merits of each party, the condition each will be left in after divorce, who acquired the property, and the burdens on the property for the benefit of either party or children. Unlike most states, Wyoming courts may also divide property acquired before the marriage.

Effective: 2024

If the court finds it probable that either spouse is about to hide, sell, or dispose of property in a way that would undermine a fair division, the court can issue a restraining order preventing that action. This protects marital assets from being dissipated during the divorce process.

Effective: 2024

The court can compel either spouse to appear and answer questions under oath about their property, financial rights, money owed to them, or any other financial interests. This gives the court authority to investigate each party's true financial situation to ensure a fair division of assets and debts.

Effective: 2024

The court may order property or funds set aside for children to be managed by a court-appointed trustee. The trustee invests the assets and applies income toward the children's support as the court directs. This does not apply to periodic child support payments ordered by the court.

Effective: 2024

The court must make custody arrangements that serve the 'best interests of the children.' Factors include each parent's quality of relationship with the child, ability to provide food, clothing, shelter, and medical care, and the relative competency and fitness of each parent. Wyoming does not favor any particular custody arrangement (joint, shared, or sole) and does not favor one parent based on gender. The court may also consider evidence of domestic violence or child abuse.

Effective: 2024

The non-custodial parent is generally entitled to reasonable visitation with the child. The court sets a visitation schedule based on the child's best interests. Where a parent has been guilty of family violence, the visitation order must include restrictions to protect the children and the abused spouse, such as supervised visitation by an approved third party.

Effective: 2024

Either parent may petition to modify a custody or visitation order by showing a material change in circumstances since the original order was entered and that the modification serves the child's best interests. Repeated, unreasonable denial of visitation by the custodial parent can be considered evidence of a material change. A parent who willfully violates a custody order can be held in contempt of court.

Effective: 2024

The Wyoming court that originally entered a custody order retains continuing jurisdiction to enforce or modify it, subject to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Either parent must relocate their case filing to a Wyoming county where they reside if neither parent still lives in the original county. The court may decline jurisdiction if it determines another state is a more appropriate forum.

Effective: 2024

When a military service member receives deployment or temporary duty orders that materially affect their ability to exercise custody or visitation, the court may only temporarily modify the custody order. The temporary modification automatically reverts when the service member returns. Courts must expedite hearings for deployed parents and allow testimony by telephone, video, or Internet. Military deployment alone cannot be used as the basis for a permanent change in custody.

Effective: 2024

Wyoming uses the income shares model to calculate child support. Both parents' net monthly incomes are combined and compared to a statutory table based on the number of children. Each parent's share is proportional to their income. The statute provides three calculation methods: basic (no overnight credit), shared custody (credit if overnights exceed 25% of the year), and split custody (each parent has primary care of at least one child). A self-support reserve ensures the paying parent retains enough income to cover basic living expenses.

Effective: 2024

Defines 'income' broadly to include wages, salary, commissions, independent contractor compensation, workers' compensation, unemployment, disability, annuity, retirement benefits, and other payments regardless of source. Overtime earnings are excluded unless the court finds they can reasonably be expected to continue consistently. Reasonable unreimbursed business expenses are deducted from income.

Effective: 2024

The calculated guideline amount is rebuttably presumed to be the correct child support amount. A court may deviate from the presumptive amount only upon a specific finding that applying the guidelines would be unjust or inappropriate, and must state the reasons in writing. No agreement for less than the presumed amount may be approved if the children receive means-tested government benefits such as Medicaid, SNAP, or SSI.

Effective: 2024

Either parent or the Department of Family Services may petition for a review and adjustment of any child support order entered more than 6 months earlier if the support amount would change by 20% or more per month. Child support orders are generally not subject to retroactive modification except by agreement of the parties or in limited circumstances.

Effective: 2024

The court may award reasonable alimony from one spouse's estate to the other, considering the paying spouse's ability to pay. Wyoming recognizes three types: transitional support (to help a spouse get education or training), compensatory support (to repay contributions to the other's career or education), and spousal maintenance (to maintain a similar standard of living, which may be temporary or permanent). Alimony is discretionary — there are no statutory formulas or guidelines.

Effective: 2024

Either party may petition the court to modify an existing alimony order at any time after the divorce. The requesting party must demonstrate a material and substantial change in circumstances that makes modification necessary. The court may revise the amount, duration, or payment terms of alimony, and can make any order it could have made in the original divorce proceeding.

Effective: 2024

Divorce proceedings in Wyoming are conducted as civil actions, meaning standard civil procedure rules apply. Complaints, service of process, discovery, and trial procedures all follow the Wyoming Rules of Civil Procedure. This means the same rules for filing, deadlines, and evidence that apply in other civil lawsuits also apply in divorce cases.

Effective: 2024

A divorce complaint must be filed in the district court of the county where either spouse resides. Wyoming has a mandatory 20-day waiting period — the court cannot enter a final divorce decree until at least 20 days after the respondent spouse is served with the divorce papers. In an uncontested case where both parties agree, a divorce can potentially be finalized as early as 21 days after filing.

Effective: 2024

While a divorce is pending, the court can order either party to pay temporary support to the other spouse and children. The court can also require one party to pay the other's attorney fees and litigation costs to ensure both sides can fairly participate in the divorce process. The court may award costs against either party.

Effective: 2024

After a divorce or annulment complaint is filed, either party can petition the court to prohibit the other party from imposing any restraint on the petitioner's personal liberty during the pendency of the action. This protects spouses from controlling or coercive behavior by the other spouse while the case is ongoing.

Effective: 2024

Child support payments ordered to be paid through the clerk of court become judgments by operation of law on each due date. This means unpaid child support automatically becomes a court judgment that can be enforced through wage garnishment, property liens, or other collection methods. A parent who willfully violates a child support order can be held in contempt of court.

Effective: 2024

When the court finds that domestic abuse has occurred, it must enter an order of protection directing the abuser to stop all abusive behavior. The court can grant the victim sole possession of the shared home, order the abuser to provide alternative housing, and include other protections. Protection orders are effective for up to 3 years and can be extended repeatedly for additional 3-year periods upon a showing of good cause.

Effective: 2024

Protection orders must be personally served on the respondent and filed with the county sheriff, who notifies local law enforcement. Willfully violating a protection order is a misdemeanor punishable by up to 6 months in jail, a fine up to $750, or both. Strangulation of a household member is a separate felony punishable by up to 10 years in prison.

Effective: 2024

Wyoming provides specific protections for military service members going through divorce. Deployment or temporary duty orders can only result in temporary custody modifications that automatically revert when the service member returns. Courts must expedite hearings and allow testimony by phone, video, or Internet. A service member's military duty does not alter the court's continuing jurisdiction over the case.

Effective: 2024

Either spouse may request to restore a prior name (such as a maiden name) as part of the divorce decree. Wyoming also has a general name change statute: any person may petition the district court in the county of their residence for a name change. The petitioner must file a verified petition stating their current name, desired name, reason for the change, place of birth, and residency. The court grants the change if it is proper and not detrimental to others.

Effective: 2024

Wyoming courts must enforce valid domestic violence protection orders issued by any other state as if they were issued in Wyoming. There is a legal presumption that an out-of-state order is valid if it appears valid on its face, the issuing court had jurisdiction, and the respondent was given reasonable notice and an opportunity to be heard.

Effective: 2024

When a military veteran's retirement or retainer pay is reduced because the veteran elected to receive disability benefits instead, the court may award other income or property of the veteran to the former spouse as compensation for that reduction. This addresses the federal rule that disability benefits cannot be directly divided in divorce but allows the court to offset the loss to the non-military spouse.

Effective: 2024