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Uncontested Divorce in Wyoming
Requirements for an Uncontested Divorce in Wyoming
Wyoming allows uncontested divorce when both spouses agree on all divorce terms and meet basic eligibility criteria.
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Residency:
To file for divorce in Wyoming, you must meet one of the following criteria:-
Option 1: Either you or your spouse must have lived in Wyoming for at least 60 days immediately before filing for divorce.
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Option 2: You and your spouse were married in Wyoming, and at least one of you has lived in Wyoming continuously since the marriage
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Grounds for Divorce
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Wyoming is a no-fault divorce state. The grounds for divorce are:
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Irreconcilable differences: The marriage is irretrievably broken due to mutual disagreements.
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Incurable insanity: If one spouse has been confined to a mental hospital for at least two years before filing for divorce.
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Mutual Agreement:
For an uncontested divorce::
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Both spouses must agree on all terms, including:
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Division of assets and debts
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Spousal support (maintenance), if any
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Child custody, placement, and child support (if applicable)
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Steps to File for an Uncontested Divorce:
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Complete the Required Forms
Forms vary by county and whether you have children. Basic forms include:
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Complaint for Divorce with Children (Form DWCP 7) or Complaint for Divorce without Children (Form DNCP 7)
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Civil Cover Sheet
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Vital Statistics Form
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Financial Affidavit (if applicable)
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Parenting Plan (if children are involved)
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Child Support Worksheet (if children are involved)
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Marital Settlement Agreement (if applicable)
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Decree of Divorce (WY-811D)
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Notice of Entry of Decree (WY-812D)
2. File the Forms with the Court:
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Submit the completed forms to the Clerk of District Court in the county where you or your spouse resides.
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The filing fee is approximately $110.
3. Serve the Divorce Papers:
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Ensure your spouse receives the divorce papers through:
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Personal service by a sheriff or process server
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Acceptance of Service (if the spouse agrees to sign)
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The defendant has 20 days to respond (30 days if out of state).
4. Final Hearing:
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After the waiting period, attend a final hearing where the judge will review the settlement agreement and finalize the divorce
Cost Considerations
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Filing Fee: $110
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Service Fee: Varies; approximately $50 if served by sheriff.
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Fee Waiver: Available through an Affidavit of Indigency.
Important Considerations
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With Children:
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A Parenting Plan is required.
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Child support arrangements must adhere to Wyoming guidelines.
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Property Division:
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Wyoming follows equitable distribution, meaning assets and debts are divided fairly but not necessarily equally.
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Spousal Support:
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Maintenance may be awarded based on factors such as length of marriage, financial need, and ability to pay.
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Legal Review Recommended:
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Especially if there are children, real estate, or retirement accounts involved.
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