Wyoming Marital Settlement (Divorce) Agreement Form [PDF]

A Wyoming marital settlement agreement form is a legal document used by spouses in the divorce process to regulate mutual rights and obligations during and after divorce. The divorce settlement agreement covers vital issues like child support and parenting plans, as well as alimony and the division of marital property and debts.

This legally binding document is recommended when there is no disagreement between spouses because then they can simply download the marital settlement agreement template and customize it according to their needs.

This way, they initiate an uncontested divorce process that is shorter, cheaper, and less stressful than a contested divorce, which often involves lawyers and mediators and increases costs and prolongs the process.

Divorce Forms

The divorce forms are filed with the District Court, and the filing fee is between $70 and $120, which can vary from county to county, so be sure to check with the court clerk before submitting the forms. The waiting period is between 30 and 90 days, depending on the complexity of the specific case.

Divorce Laws and Legal Requirements in Wyoming

The divorce laws and legal requirements in Wyoming are a framework for regulating the rights and obligations of spouses, their property, and children (if any), providing valuable information regarding the following aspects of a divorce settlement agreement:

#1. Alimony

According to Section 20-2-114 of the Wyoming Statute, during a divorce, the court will determine the reasonable alimony that one spouse has to pay the other, considering the paying ability of one spouse and the other spouse’s needs.

The amount and method of alimony payment are not definitive; if circumstances change, either party can request a revision of the alimony, and the court will decide accordingly by adopting or rejecting the revisional request.

#2. Child Custody and Support

Section 20-2-201 governs the relationships between spouses and their children, ensuring decisions on custody, visitation, and support are based on the best interest of the child. This means there is no preference based on gender, as the court considers the specifics of each case to determine what is best for the child.

Factors considered include the quality of the relationship with each parent, each parent's ability to provide care, and their willingness to accept parenting responsibilities.

#3. Disposition of Property

Section 20-2-114 of the Wyoming Statute explains that the court will dispose of the spouses’ property in a fair and just way rather than split it equally. This means the court will consider several factors when deciding about the disposition of marital property, including:

Each spouse’s status after the divorce
Each spouse’s contribution to acquiring the property
Any mortgages or other debts on the property
How the disposition of property will impact the needs and interests of the children

#4. Causes for Divorce

Section 20-2-104 states that the general reason for divorce is irreconcilable differences in the marital relationship. This means Wyoming is a no-fault state, so there is no need to prove that one spouse is at fault. Instead, spouses need to prove they have problems that cannot be resolved, making it impossible for them to stay married.

A specific cause for divorce is if one spouse is incurably insane and has been confined to a mental hospital in this state or another state or territory for at least two (2) years.

#5. Interim Support

Section 20-2-111 allows the court, during the divorce proceedings, to order one party to pay the other an appropriate amount for legal fees and for the needs of their children as financial support. The court can also enforce this payment, for example, by ordering execution against the party’s property.

#6. Residency Requirements

According to Section 20-2-107, one spouse must live in the state for at least sixty (60) days before filing the divorce complaint. Alternatively, if the marriage was solemnized in Wyoming and one spouse has lived in the state from the time of marriage until filing for divorce, these conditions also satisfy the residency requirement.

Additionally, a person can file for divorce in Wyoming if they reside in the state at the time of filing, regardless of where their spouse lives.

How to File For a Divorce in Wyoming in 8 Steps

The following eight steps show what spouses need to do to file for divorce in Wyoming successfully and stress-free:

#1. Fill out the Divorce Form

The first step involves filling out the initial forms to start the divorce process. All necessary forms can be downloaded from the Wyoming Court website for free. The Wyoming state law provides forms for the spouse who initiates the divorce (plaintiff) and forms for the other spouse (defendant). Additionally, there are also different forms depending on whether the spouses have children.

Divorce forms usually include spouses’ names, surnames, addresses, and phone numbers, but each form also contains instructions on how to fill it out properly. However, double-check the completed documents before submitting them to the court to avoid potential delays due to incomplete information.

#2. File the Forms With the Court

Besides the Complaint for Divorce, which is the initial document, married couples need to submit the following forms:

Civil Case Cover Sheet (contains basic information about spouses)
Vital Statistics Form
Summons (notice to the spouse that a divorce complaint has been filed against him/her)
Confidential Statement for Child Support Order (information about the child if the spouses have a minor)

All these documents are filed with the District Court clerk’s office in the county where either spouse resides and must be submitted in original form. The clerk will keep the original, the petitioner will keep one copy, and the other will be delivered to the defendant.

For filing legal documents, the court charges fees that vary from county to county. If the plaintiff can’t afford to pay the fee, they can ask the clerk for a waiver of filing fees, providing information about income, debts, and assets.

#3. Serve the Forms to the Spose

Once you've completed the divorce papers, it's crucial to formally notify the defendant, ensuring they are fully aware that a complaint for divorce has been filed against them.

The easiest method of serving divorce papers is through personal delivery, often arranged when both spouses agree on the divorce terms. In this case, the defendant signs the documents, along with an Acknowledgement and Acceptance of Service form, in the presence of a notary. Then, the plaintiff submits the document to the court as proof they were served with the divorce papers.

In situations where the other party is not cooperative, you can serve the documents through the sheriff in your spouse's jurisdiction. This method entails the local authorities delivering the divorce papers and a summons. As the defendant, you must sign the original summons and a Return or Affidavit of Service.

#4. Wait for the Defendant's Answer

After being served with the divorce documents, the defendant has 20 days to respond to the plaintiff's claims or 30 days in the event that the defendant is located outside of Wyoming.

In the answer, the defendant must state whether they agree or disagree with the plaintiff's claims. On the other side, if the defendant wishes to make their demands regarding the divorce, they must file a counterclaim. The counterclaims should include arguments and proofs supporting those arguments if the defendant wants to succeed with their requests.

The defendant needs to know that if they do not respond within the specified timeframes, they risk the court issuing a default judgment based on the plaintiff’s claims, which would likely be negative for them.

#5. Financial Disclosures

Spouses who have minor or dependent children must file a Confidential Financial Affidavit with the court. This document outlines detailed information about each spouse’s income and expenses. Along with this form, spouses must attach documentation to serve as proof, such as tax returns and pay stubs.

This is an essential document for determining the amount of alimony and child support, so spouses must provide accurate information, as they could face penalties if they fail to do so.

#6. Parenting Education Courses

Since Wyoming state law supports the principle of the child’s best interest in divorce proceedings, the court may order spouses to complete a parenting education course.

Divorce is a stressful process that affects children, so this course aims to guide parents on how to appropriately interact with their child, maintain a good parental relationship, and help the child cope with the divorce.

When the court orders parents to attend this course, it will expect them to provide a certificate of completion before making a final divorce decree.

#7. Request and Attend Hearings

The judge may consider that it is necessary to clarify essential facts and hear both parties’ perspectives once again so he or she can schedule a hearing before issuing the divorce decree. The plaintiff must submit a Request and an Order for Setting Hearing, in this case.

The court will accept the request, set a date and time for the hearing, and send a notice to spouses. Since a hearing is essential, both parties should take it seriously and appear at the scheduled time.

The judge will seek to determine if there are truly irreconcilable differences and the marriage is untenable, whether the marital settlement agreement is just and fair, and will remind them of their obligations towards their child. Once all relevant facts are established, the parties will sign the divorce decree.

#8. Name Change

Either party can request to revert their previous surnames, and they should indicate that at the beginning of the divorce process. The final divorce decree will include the decision on the surname change.

The spouse who reverted to their surname needs to update it on their ID, driver’s license, and passport, as well as inform other institutions like banks and healthcare providers about the changes.