Divorce Laws in Wyoming: Complete 2026 Guide

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 must prove the other did something wrong — only that the marriage has broken down irretrievably and there is no reasonable prospect of reconciliation. Both parties may be considered 'aggrieved' under this statute, so either spouse can file. In addition to irreconcilable differences, Wyoming recognizes one additional ground for divorce: incurable insanity. Under Wyo. Stat. §20-2-105, a divorce may be granted when either party has become incurably insane and the insane person has been confined in a mental hospital (in Wyoming or another state) for at least two years immediately preceding the commencement of the divorce action. In such cases, the court appoints a guardian for the insane spouse, and a county attorney defends the insane spouse in court. The filing spouse (plaintiff) is responsible for paying all court fees, attorney fees, and guardian fees in an insanity-based divorce. Wyoming does not recognize traditional fault-based grounds such as adultery, abandonment, cruelty, or habitual drunkenness as independent grounds for divorce. However, Wyoming case law has established that when both parties seek a divorce on the grounds of irreconcilable differences, the court may consider fault in determining property division and alimony under the 'respective merits of the parties' language in Wyo. Stat. §20-2-114. This means that while fault is not required to obtain a divorce, marital misconduct may still influence how assets are divided and whether alimony is awarded. Wyoming also provides for judicial separation as an alternative to divorce under Wyo. Stat. §20-2-106. When grounds for divorce exist, a spouse may instead request to live separate and apart from the other spouse without ending the marriage. The court has the same powers regarding custody, alimony, child support, and property division in a separation as it does in a divorce. A separation decree may be temporary or permanent, and either party may later petition to end the separation.

Under Wyo. Stat. §20-2-107(a), no divorce shall be granted in Wyoming unless one of two residency conditions is met. The first option requires that at least one of the parties has resided in Wyoming for 60 days immediately preceding the time of filing the complaint for divorce. This is one of the shortest residency requirements in the United States, making Wyoming accessible to those who have recently relocated to the state. The second option applies when the marriage was solemnized (performed) in Wyoming. In that case, at least one of the parties must have resided continuously in the state from the time of the marriage until the filing of the complaint. This provision allows couples who were married in Wyoming to file for divorce there even if the 60-day general residency requirement has not been met, provided continuous residency is established from the date of marriage. Under Wyo. Stat. §20-2-107(b), a married person who resides in Wyoming at the time of filing the complaint is considered a resident even if the other spouse lives in another state. This means that only one spouse needs to establish Wyoming residency in order to file for divorce in the state. The divorce may be filed in the district court of the county in which either party resides (Wyo. Stat. §20-2-104). To prove residency, the filing spouse typically provides a signed statement in the Complaint for Divorce attesting to at least 60 days of residency. If the court requires additional proof, a Wyoming driver's license, state identification, or an affidavit from a corroborating witness may suffice. There is no separate county residency requirement in Wyoming — only state residency must be established.

Wyoming is an equitable distribution state. 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.' This does not necessarily mean an equal 50/50 split; rather, the court has broad discretion to divide property in a manner it deems fair based on the circumstances of each case. The statute directs the court to consider several factors when dividing property, including: the respective merits of the parties; the condition in which each party 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 the children. Wyoming courts have also developed additional factors through case law, including the length of the marriage, each spouse's economic circumstances and earning capacity, contributions to the other spouse's education or career, and each spouse's health and age. Notably, Wyoming uses an 'all property' approach, meaning the court has the authority to divide both marital and separate property. While property acquired before the marriage is considered separate and property acquired during the marriage is generally considered marital, the court may still consider separate property in fashioning an equitable overall distribution. The appreciation of separate property during the marriage is generally treated as marital property subject to division. Prenuptial agreements are recognized and enforceable in Wyoming and can significantly affect property division. A valid prenuptial agreement may override the court's equitable distribution powers by establishing what constitutes separate versus marital property and how assets will be divided. The court also has the authority to assign real estate or award specific sums to either party, giving it flexibility to fashion creative solutions for complex asset divisions, including retirement accounts, business interests, and real property.

Spousal support (alimony) in Wyoming is governed by Wyo. Stat. §20-2-114, which provides that the court may decree 'reasonable alimony' out of the estate of either party. The court has wide discretion in deciding whether to award alimony, the amount, and the duration. Wyoming does not have a specific statutory formula for calculating alimony — instead, the court considers the totality of the circumstances in each case. The primary statutory factors the court considers include: the paying spouse's ability to pay; the requesting spouse's need for support; the condition in which each party will be left by the divorce; the respective merits of the parties; the party through whom property was acquired; and the burdens on property for the benefit of either party and the children. Through case law, Wyoming courts have also considered factors such as the length of the marriage, each spouse's age and health, earning capacity and employability, the standard of living during the marriage, and each spouse's contributions to the marriage (including homemaking and supporting the other spouse's career). Alimony may be awarded as a lump sum or in periodic payments. The court may order alimony for a fixed duration (rehabilitative alimony to allow a spouse to become self-supporting) or for an indefinite period in long-term marriages where one spouse cannot reasonably achieve self-sufficiency. Under Wyo. Stat. §20-2-116, the court may revise and alter a decree respecting the amount or payment of alimony at any time upon petition by either party, unless the parties' agreement or the decree specifically provides otherwise. Temporary alimony may also be awarded during the pendency of the divorce action under Wyo. Stat. §20-2-111. Wyoming case law has established that property division is generally preferred over alimony as a means of providing for a spouse after divorce. Alimony is more commonly awarded in longer marriages where there is a significant disparity in earning capacity, or where one spouse sacrificed career opportunities to support the household. Alimony typically terminates upon the remarriage of the receiving spouse or the death of either party, unless the decree provides otherwise.

Wyoming law requires that child custody decisions be made in the best interests of the child. Under Wyo. Stat. §20-2-201(a), the court may make any disposition of the children that appears most expedient and in the best interests of the children. The statute sets forth specific factors the court must consider, including: (i) the quality of each child's relationship with each parent; (ii) each parent's ability to provide adequate care; (iii) the relative competency and fitness of each parent; (iv) each parent's willingness to accept parenting responsibilities; (v) how the parents and child can best maintain and strengthen their relationship; (vi) how the parents and child interact and communicate; (vii) the child's ability to maintain a relationship with both parents; (viii) geographic distance between parents' residences; (ix) each parent's current physical and mental ability to care for the child; and (x) any other relevant factors. Significantly, Wyoming enacted Senate File 0117 (SF0117) in 2025, effective July 1, 2025, which establishes a rebuttable presumption of shared custody. Under this new law, unless otherwise agreed by the parties in writing, the court shall enter an order of shared custody — defined as joint legal custody and joint physical custody where children reside with each parent for substantially equal time. This presumption can be overcome if: (1) a different custody form has been agreed to in writing by both parties; (2) one or both parties have been found guilty of domestic violence; (3) one or both parties have been found guilty of child abuse, neglect, or mistreatment; (4) the parties reside more than 300 miles apart making shared custody impractical; or (5) clear and convincing evidence shows a different arrangement is in the children's best interest. This law applies to proceedings filed on or after July 1, 2025. The court is prohibited from preferring one parent over the other solely because of gender (Wyo. Stat. §20-2-201(b)). Evidence of spousal abuse or child abuse is treated as contrary to the best interest of the children, and if family violence is found, the court must arrange visitation to protect the children and the abused spouse from further harm (Wyo. Stat. §20-2-201(c)). The court may also consider a mature child's custody preferences. Custody orders must be issued in well-defined terms, and the court may require parents to attend parenting classes. Wyoming courts may require mediation when child custody is disputed. Visitation orders must include sufficient detail for parents to understand and comply, must address the division of transportation costs, and must include protective restrictions when family violence is found. Either parent may seek modification of custody if there has been a material change in circumstances affecting the child's welfare.

To initiate a divorce in Wyoming, the filing spouse (plaintiff) must prepare and file several documents with the Clerk of the District Court in the county where either spouse resides. The basic required documents include: a Civil Cover Sheet; a Complaint for Divorce (which provides information about the marriage, grounds for divorce, and what relief is sought such as property division, custody, and alimony); and a Summons. If minor children are involved, the plaintiff must also file a Confidential Statement for Child Support Order and related financial disclosure documents. Standardized self-help forms are available for download from the Wyoming Judicial Branch website. At the time of filing, the plaintiff must pay the applicable filing fee. Filing fees in Wyoming vary by county but generally range from approximately $70 to $160. Under Wyo. Stat. §5-3-206(a)(i), the base civil filing fee is $120, though some counties may charge slightly different amounts. If the plaintiff cannot afford the filing fee, they may file an Affidavit of Indigency and Request for Waiver of Filing Fees, providing detailed information about income, assets, and debts for the court to review. After filing, the plaintiff must serve the defendant with file-stamped copies of the divorce papers through formal service of process. Service must be completed within 90 days of filing, or the court will dismiss the case. In an uncontested divorce, the defendant may waive formal service by signing an Acknowledgment and Acceptance of Service. If formal service is required, it may be accomplished through a sheriff, process server, or other methods allowed under the Wyoming Rules of Civil Procedure. The defendant then has 20 days (30 days if out of state) to file a response. Within 30 days after the defendant is served, the plaintiff must provide Initial Disclosures to the defendant. Both parties are required to complete and exchange Confidential Financial Affidavits. If the divorce is uncontested and both parties have reached agreement on all issues, the court may or may not require a hearing depending on the county and whether minor children are involved. If a hearing is held, the judge will review the settlement terms and, if satisfied, enter the Decree of Divorce. In contested cases, the divorce will proceed through discovery, potentially mediation, and ultimately a trial. Divorce cases in Wyoming are heard exclusively by the District Courts, which serve as the state's general jurisdiction trial courts. Wyoming has nine judicial districts covering all 23 counties, and each district has at least one district court judge. A divorce case is filed in the District Court of the county in which either the plaintiff or defendant resides, as specified by Wyo. Stat. §20-2-104. District Courts have full authority over all aspects of a divorce case, including granting the divorce itself, dividing marital property, awarding alimony, determining child custody and visitation, and ordering child support. The court also has the power to issue temporary orders during the pendency of the divorce for issues such as temporary custody, temporary support, and restraining orders regarding property disposition (Wyo. Stat. §20-2-112). Some districts also have District Court Commissioners who may handle certain preliminary or uncontested matters. Appeals from District Court divorce decisions are taken to the Wyoming Supreme Court, which is the state's only appellate court. Wyoming does not have an intermediate appellate court, so all appeals go directly to the Supreme Court. The Supreme Court reviews divorce cases under an abuse of discretion standard, meaning it will generally not disturb the trial court's decisions on property division, custody, and alimony unless the district judge clearly abused their discretion or made an error of law. For cases involving tribal members on the Wind River Reservation (home to the Eastern Shoshone and Northern Arapaho tribes), tribal court jurisdiction may apply. If one spouse is a tribal member and the other is not, complex jurisdictional issues may arise that could require proceedings in both tribal and state courts. Wyoming also follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified at Wyo. Stat. §20-5-201 et seq., which governs interstate custody jurisdiction disputes.

Wyoming has one of the shortest waiting periods in the nation for finalizing a divorce. Under Wyoming law, a divorce decree cannot be entered until at least 20 days after the complaint has been filed and served on the other spouse. This 20-day period is measured from the completion of service of process, not simply from the date of filing. This brief waiting period means that in an uncontested case where both parties cooperate, a divorce can potentially be finalized relatively quickly. There is no mandatory separation period required before filing for divorce in Wyoming. Unlike some states that require spouses to live apart for a specified period (such as six months or one year) before a divorce can be granted, Wyoming imposes no such requirement. A spouse may file for divorce immediately upon deciding to end the marriage, provided the 60-day residency requirement has been met. Once the defendant spouse is served with the Complaint for Divorce, they have 20 days to file a response if served within Wyoming, or 30 days if served outside the state. If the defendant does not respond within this time, the plaintiff may apply for an entry of default. After the response period has passed or the defendant has filed a response, the case may proceed to a hearing or trial. In an uncontested divorce, the entire process from filing to finalization typically takes 30 to 90 days. Contested divorces involving disputes over property division, custody, or support can take significantly longer — potentially several months to over a year. Wyoming also has no waiting period for remarriage after a divorce is finalized. Once the divorce decree is entered, either party is free to remarry immediately.