Wyoming Divorce Laws

If you have decided to file for divorce, you must make sure you understand the various laws that affect those filing for divorce in Wyoming. This will make the process go much more simply.

Who Can File for Divorce and On What Grounds

In order to file for divorce in Wyoming, you must meet the state’s residency requirements. First, the plaintiff, or the individual who is filing, must live in the state for at least the 60 days prior to filling for divorce. If the marriage was made in Wyoming and the plaintiff lives in the state from the time of the marriage until the time of filing for divorce, the 60-day period may be waived.

Wyoming allows for a no-fault divorce based on irreconcilable differences in the marriage. The only fault reason for divorce is incurable insanity that has led to confinement in a mental hospital for a period of at least two years prior to filing for divorce.

Those who are in the military and wishing to file for divorce in Wyoming may want to hire a military family law attorney. This will ensure that not only are the state’s divorce laws being followed, but also the laws that relate specifically to military divorces. This will ensure that everything is handled appropriately from the beginning of the process.

Division of Property

Wyoming follows an equitable distribution model for distributing property after a divorce. This means that the property is divided based on what is fair, not necessarily what is equal. The courts encourage parties to make a decision without their help, but when they have to step in, they will consider the following:

  • The respective merits of each party
  • The condition they will be left in by the divorce
  • The party through whom the property was acquired
  • Any burdens imposed on the property to benefit either spouse or the couple’s children

Child Custody

Determining child custody is a stressful situation, particularly for the children involved. The courts will work to determine custody arrangements based on what is in the children’s best interests. The factors considered in these cases may include:

  • The quality of the relationship between the parents and child
  • The ability of the parents to provide care for the child when they are responsible to do so
  • Competency and fitness of each parent
  • The parents’ willingness to accept all responsibilities of parenting, including the ability to relinquish care to the other parent
  • How well the parents and children can maintain and strengthen the relationship with the other parent
  • How well the children interact with the parents
  • Ability and willingness of the parent to allow the other parent the right to interact with the children without intrusion
  • Geographic distance issues
  • Physical and metal ability of each parent to care for the children
  • Other factors the courts deem necessary to consider


In some cases, Wyoming courts will order one spouse to pay support to the other. This can be temporary or permanent, and is determined on a case-by-case basis. The court will look at all factors affecting the economic conditions of the parties when making this determination.

Child support amounts are determined based on the Income Shares model. This theory states that both parents should share support of the children, and the amount is determined in proportion to the parent’s incomes. The non-custodial parent will then pay his or her amount to the custodial parent. Sometimes, this basic amount can be deviated from at the courts discretion when considering many factors, including the age of the child, daycare expenses, pregnancy related expenses, and voluntary unemployment or underemployment on the part of a non-custodial parent.