Wyoming is considered a “no-fault” divorce state. This means that no grounds (no reasons) for a divorce are required. For example, you are not required to show that your spouse was unfaithful. Divorce is the final termination of a marital relationship.
On the other hand, separation occurs where neither of the spouses has requested a divorce, but where, the parties are no longer together and typically live separately. As with a divorce, there is no legal requirement that grounds be demonstrated for a separation. Couples may choose to live separately for reasons such as insurance or to accumulate assets away from the marriage.
What Paperwork Do You Need to File for Divorce?
Wyoming offers complete form packets online for individuals to download and fill out based on their situation, like if you have minor children or don’t have any children. Some or all of the following paperwork can be found in the packets:
- Civil Cover Sheet: paperwork with basic information about the divorce.
- Vital Statistics form: a form that discloses relevant information about the divorcing parties.
- Complaint for Divorce: the actual paperwork requesting the divorce.
- Summons: a notice given to the other spouse that a request for divorce has occurred.
- Acknowledgement and Acceptance of Service: paperwork demonstrating that the other side has received the required divorce paperwork.
- Affidavit for Divorce Without Appearance of Parties: required if the parties agree to the terms of a divorce without court intervention.
- Decree of Divorce: the final notice that officially terminates the marriage.
Each of the pieces of paperwork must be filed timely and accurately with the court system. Failure to do so may result in you divorce being delayed or even dismissed. This is why it is so important to have an experienced divorce lawyer working with you throughout the entire process.
Community Property vs. Separate Property
Wyoming is considered an “equitable distribution” state. Equitable distribution means that a court will do what it believes is fair when dividing up martial assets. A court may consider the value of any investments, real estate, or business interests in the distribution. Furthermore, the court may consider assets that were held by each party prior to the divorce and each party’s contributions during the marriage.
What Should You Do If There are Children Involved?
Having children involved in a divorce can make things extremely complicated. Issues, such as child custody, can make divorces extremely contentious. When making divorce related decisions, a court will place the best interests of any children ahead of the desires of parents. This means that the court will considered things like the current home of the child, and his or her school location when making child custody decisions.
The court will also decide any issues with child support by taking several factors into consideration. Facts like the financial status of the custodial parent, the non-custodial parent, and any needs that the child might have.
Do You Need to Pay Alimony?
You may need to make payments to your former spouse to support his or her lifestyle. These payments are known as alimony or maintenance payments and how these payments are calculated can be very complicated. Discuss your assets and income with an experienced divorce lawyer to ensure that you pay no more than is proper.
Where Can You Find the Right Divorce Lawyer?
If you are thinking about filing for divorce or have been served with divorce papers, it is in your best interest to contact a Wyoming divorce lawyer with experience in divorce proceedings.