Amicable Divorce in Wyoming: There are many reasons why most experts say an uncontested divorce is the better route to end the marriage.
First, avoiding litigation helps spare the couple much emotional turmoil and keep children out of conflict. Also, the outcome of an agreed divorce is more predictable. Reaching an amicable resolution allows the parties to plan their future right away instead of being mired in legal battles.
And finally, a peaceful uncontested divorce is quick and inexpensive compared to the traditional divorce process. The spouses do not have to spend thousands of dollars hiring a full-scope divorce lawyer if they do not fight. Instead, they can resort to mediation, prepare for a divorce over the internet, or even arrange a DIY divorce without an attorney.
So, getting a divorce doesn’t necessarily have to be a drawn-out and stressful process, but you still should be well informed to make it as straightforward as possible. Just as the saying goes, “Being prepared is half the victory.”
Let’s consider the main steps involved in an uncontested divorce in Wyoming in more detail.
An uncontested divorce is a divorce proceeding where both parties agree to dissolve a marriage and settle all the disputed issues out of court. The judge can grant the requested divorce based on the spouses’ written contract.
Thus, filing for divorce, the spouses have to resolve any disputes over:
- Child custody;
- Child support;
- Spousal support (alimony);
- Property division, etc.
The parties’ decisions concerning all these matters must be detailed in the Wyoming Marital Settlement Agreement, which becomes legally binding when the court approves it at the final court hearing.
Here is a brief roadmap to the uncontested dissolution of marriage in Wyoming:
A couple is eligible to start a divorce in Wyoming if one of the following is true:
- Either spouse has been a resident of the state for at least sixty days before filing the Complaint for Divorce;
- The spouses married in Wyoming, and either of them resided within the state from the marriage date to the date of applying for a divorce.
Any divorce begins with filing a Complaint for Divorce, an official request to the court for a divorce, specifying the spouses’ data and acknowledging that the couple meets the state’s residency requirements and grounds for divorce.
Since Wyoming is a no-fault divorce state, neither spouse needs to prove the other’s wrongdoing. The only legal ground for divorce in Wyoming is irreconcilable differences in the marital relationship.
So, to apply for divorce, the spouse initiating the case (the petitioner) must complete the initial divorce papers, including Complaint for Divorce and Summons.
The petitioner has to file the papers with the Clerk of the District Court and pay filing fees. At this moment, the Clerk assigns a case number, and the divorce officially starts.
The petitioner must deliver the file-stamped copies of the paperwork to the other spouse (called the defendant or respondent) and ensure the proof of the service.
Under the Wyoming Rules of Civil Procedure, serving the divorce papers can be done in the following ways:
- Through the Sheriff’s department in the county where the respondent lives. The Sheriff must complete an Affidavit of Service and file it with the Clerk’s office as proof of service and the Summons.
- With Acknowledgement and Acceptance of Service form. The petitioner must fill out this form, and the respondent must sign this document in front of a notarial officer. The signed form and the Summons must go to the Clerk’s office for filing as proof of service.
Once the respondent is served, they have 20 days to file an Answer to the Complaint for Divorce.
As Wyoming law requires a mandatory 20-days waiting period until a divorce can be granted, the spouses must wait for this time to expire even if the respondent is not going to file an Answer.
After that, the spouses have to fill out a Confidential Financial Affidavit, Decree of Divorce, and other divorce forms and documents required in their particular case.
Not all Wyoming courts require a final court hearing for uncontested divorces.
If a hearing is not required, the Clerk typically mails a copy of the Decree of Divorce when accepted by the court. Otherwise, the spouses have to complete the Request for Setting so that the court schedules the hearing date.
An uncontested divorce final hearing is brief and formal. The judge typically reviews the spouses’ agreement and asks all the relevant questions to decide if it is fair and reasonable. If so, the judge signs the Decree of Divorce.
As seen above, the main challenge the spouses face in an uncontested divorce in Wyoming is legal paperwork.
Well, the good news is you are not obliged to hire a high-priced divorce attorney to handle an uncontested divorce case. Any person can file for divorce Pro Se, i.e., without legal representation. But such a do-it-yourself divorce has its pitfalls, and sometimes, desperate attempts to save money cause case delays.
The thing is that even if there are just some minor mistakes in the forms, they can be considered insufficient, and, thus, the judge might reject them.
Here’s where online divorce can come in handy.
Using one of the online divorce websites, you can complete all the required divorce forms from the comfort of your home at much lower prices than lawyers’ fees.
The principle of such a “web divorce” is straightforward:
- First, the user follows an online questionnaire, providing their case details.
- Based on this information, the system selects the divorce forms needed to be filed in a specific county, considering the couple’s unique circumstances.
- So, the user can complete the relevant documents following the step-by-step guidance, moving at their own pace, going back to make edits if necessary, etc.
- The complete package of ready-to-file divorce forms is typically available in the customer’s account within only two days.
Internet divorce companies deliver fast and affordable services for all couples filing for an uncontested divorce.
Although a breakup of a marriage is never easy, choosing to divorce peacefully can make this process less stressful and save time and money. So focus on your future instead of messy court battles, and let an amicable divorce be the first step toward your new life, free from old conflicts and hostility.