Ending a marriage can sound legally intimidating, as well as stressful. It’s a huge step, but knowing the step-by-step process can make it worlds easier to go through.
In Wyoming, divorce is a legal process that ends a marriage and resolves key issues like property division, child custody, support, and spousal maintenance. Because Wyoming is a no-fault divorce state, you don’t need to prove wrongdoing to get divorced—you only need to show that the marriage isn’t working for you anymore. Here’s what you need to do, step-by-step, to finalize a divorce.
Make Sure You/Your Spouse Meet Wyoming’s Residency Requirements & Initial Filing
Before you can file for a divorce in Wyoming, at least one spouse must have lived in the state for 60 days immediately before filing the divorce. If you meet tat requirement, you can file in Laramie County (Cheyenne) if you or your spouse lives there.
Once residency requirements are established, the divorce process officially begins when one spouse (called the plaintiff) filed a Complaint for Divorce with the District Court Clerk in the county where the filing spouse or both spouses live.
You’ll pay a filing fee (typically around $120–$140 in Laramie County) when you submit the paperwork, and that Complaint outlines the basic facts of your marriage:
- That you want a divorce
- Reasoning for divorce
- What you’re asking for related to property, custody, support, etc.
If you cannot afford the fees, Wyoming allows you to ask the court to waive them with an Affidavit of Indigency. Affidavit = a written statement made under oath. Indigency = inability to afford court costs
So by using one, you are telling the court, under penalty of perjury, that your income and financial situation make it difficult or impossible to pay the required fees.
Serving the Court Papers
After filing, your spouse must be notified through “service of process.” This means formally delivering the divorce Complaint and order, usually through a sherriff, private process server, or by mail. Once your spouse is served, they usually have 20 days to file a written Answer, An answer allows the responding spouse (called the Defendant) to admit or deny what was said in the complaint and state their own requests (property division, custody, support, etc). The Defendant has typically 20 days to file a written Answer if they live in Wyoming, and 30 days if they’re served out of state.
If your spouse doesn’t respond, you could ask for a default judgment, which may give you the outcomes you requested in your initial filing.
Early Temporary Orders
While the divorce is pending, either spouse can request temporary orders for issues like:
- Child support
- Spousal support
- Who lives in the family home
- Who pays bills during the divorce
- Child custody and visitation
The court may order financial disclosures and require both sides to share detailed financial information early in the case, especially if support or property division is at issue.
Negotiation, Mediation, and Settlements
Fewer than 5% of divorce cases go all the way to a contested trial. In other words, more than 90–95% of divorces are resolved through negotiation, mediation, or settlement agreements before a judge ever has to decide the outcome.
Cheyenne is no exception.
In our experience, most couples are able to reach agreements on property division, custody, support, and other issues without stepping into a courtroom for a full trial. Courts in Laramie County often encourage settlement efforts, especially when kids are involved, because negotiated resolutions tend to be less expensive, less stressful, and more workable long term.
When parties reach a settlement with a neutral third-party such as a family law attorney, they sign a written agreement that the judge can adopt as part of the final divorce order.
Trial is typically reserved for cases involving high conflict, complex financial disputes, or serious disagreements about custody.
Trial (If Necessary)
If you’re unable to resolve key issues through negotiation or mediation, your case may go to trial.
In Wyoming, divorce trials are heard by a District Court judge—there is no jury in a divorce case. In Cheyenne, your case would be heard at the Laramie County District Court. At trial, both sides present evidence, call witnesses, and offer testimony under oath. This may include financial records, property valuations, parenting schedules, or other documentation relevant to the disputed issues.
The judge will then make legally binding decisions regarding:
- Division of marital property and debts
- Child custody and parenting time
- Child support
- Spousal support (alimony)
Because Wyoming follows an equitable distribution model, the judge divides marital property in a way that is fair (though not necessarily 50/50) based on the circumstances of the marriage.
Trials are a very formal court process. Each side has the opportunity to present arguments and cross-examine witnesses. After the hearing concludes, the judge may issue a ruling from the bench or take the matter under advisement and issue a written decision later.
Trial does typically increase both the timeline and the cost of a divorce. They require preparation, court appearances, and attorney involvement. For that reason, most families in Cheyenne resolve their cases through negotiated settlement or mediation before reaching this stage.
Trial remains an important option when agreement simply isn’t possible — particularly in high-conflict cases or when significant financial or custody issues are at stake — but it is usually the final step, not the first.
Final Decree of Divorce
Once issues are resolved and the court is satisfied that all legal requirements have been met, the judge signs the Final Decree of Divorce. This legal document officially ends the marriage and sets forth orders about:
- Property and debt division
- Child custody, visitation, and decision-making authority
- Child support
- Spousal support (alimony)
- Restoration of name (if requested)
Wyoming law requires a minimum waiting period of 20 days after filing before a divorce can be finalized, and most cases take longer—often several months—depending on complexity and whether disputes arise.
And there you go! If you have further questions, or would like to consult an attorney for your divorce, feel free to contact us anytime.
