Divorce is hard. Even harder for people with kids.
Divorce is an emotionally difficult process for most people. Even if you want the divorce, and even if you are contemplating an uncontested divorce. Ending a relationship that was supposed to last until death did you part is never easy.
The process is even more difficult for couples who have children, and it is especially difficult for couples that have minor children.
On this page, we will provide you with an overview of the divorce process, by answering some common questions about divorce in Wyoming.
Can I get a divorce in Wyoming?
In order to get a divorce in Wyoming, you must meet certain requirements. These would be: a valid marriage and residency in Wyoming.
Do I have a valid marriage?
In order to have a valid marriage, you must have gotten a marriage license, and had some sort of ceremony that solemnized the union. This could be a traditional wedding in a church, or a ceremony performed by a minister or a justice of the peace or magistrate.
Every district or circuit court judge, district court commissioner, supreme court justice, magistrate and every licensed or ordained minister of the gospel, bishop, priest or rabbi, or other qualified person acting in accordance with the traditions or rites for the solemnization of marriage of any religion, denomination or religious society, may perform the ceremony of marriage in Wyoming.
Although you cannot form a common law marriage in Wyoming, a common law marriage formed in another State according to its laws will be recognized in Wyoming.
Is my marriage void?
You cannot get a divorce in Wyoming if your marriage is void. Marriages contracted in Wyoming are void without any decree of divorce:
- When either party has a husband or wife living at the time of contracting the marriage. (This actually does happen sometimes).
- When either party is mentally incompetent at the time of contracting the marriage;
- When the parties are related by consanguinity. This means that they are related to each other as parent and child, grandparent and grandchild, brother and sister of half or whole blood, uncle and niece, aunt and nephew, or first cousins, whether either party is illegitimate.
What about voidable marriages?
A marriage is voidable if:
- It was solemnized when either party was under the age of legal consent unless a judge gave consent, and they separated during nonage and did not cohabit together afterwards, or
- If the consent of one (1) of the parties was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties.
Void and voidable marriages may be annulled. An annulment is a legal proceeding just like a divorce, except that when it is completed, the Court issues a Decree of Nullity, instead of a Decree of Divorce.
What Is the Residency Requirement for Divorce in Wyoming?
In order to file for divorce in Wyoming, one of the Parties must have must have resided in the state for at least sixty days prior to filing. Generally, this means that the person filing the divorce is the resident, but technically, a person can file for divorce in Wyoming if their husband or wife has resided here for more than sixty days.
The only exception to the sixty day rule is when the marriage was solemnized in Wyoming, and one of the parties has continued to live in Wyoming until the date of filing.
Side Note – Although your spouse does not have to reside in Wyoming, if you and your spouse have minor children, then you should probably file in your child’s home state. A child’s home state is generally the state in which the child has resided for the past six months.