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Wyoming divorce recovery

Wyoming Divorce Forms

Y ou may do your own search for divorce forms Call Now: 888-804-8996(just below), or you can select one of the featured forms. When you click on a form link, you will see:
  • A description of the package or form
  • Notes related to the selection
  • Wyoming laws that are related to that form
Once you have viewed a legal form, you can return to this page by clicking the back arrow on your browser.

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Annulment

A nnulment in this state is a termination of Annulmentan already void marriage. Annulments tend to be rare, partly because they require more effort and evidence, and partly because divorce tends to be an easier process. Youe must cite acceptable grounds for annulment and be able to prove them. Grounds for annulment include:

  • Fraud or Duress – If you were threatened or married under duress, you can file for an annulment
  • Consanguinity or Incest – marrying a person too closely related
  • Bigamy is a legal ground for annulment according to Wyoming annulment laws
  • Underage Marriage
  • Mentally Incompetent - When either party is mentally incompetent at the time of the marriage
Want to read what we consider to be the Best Guide On Custody Matters?
The guide is FREE, written for Dads, but Moms should read this too. Before you go into battle, be sure you have the right defensive and offensive tools. Do not get surprised or blindsided. Study the Guide, own an online Parenting Plan and you should be covered for anything they throw at you

[Wyoming Statutes - Title 20 - Chapters: 20-2-101, 20-1-113 ]

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Child Custody

C hild custody in this state gets determined Child custodyby the best interests of the child.

Wyoming refers to custody as the legal responsibility for the care of a minor child (under age 18). Courts will grant custody to both parents unless there is evidence to do otherwise. Typically custody is granted as a part of a divorce or separation proceeding. There are 2 types of custody:

Physical custody – refers to with whom a child lives with on a day-to-day basis

Legal custody – refers to the right and obligation to make major decisions concerning a child. Major decisions typically include education, religious affiliation and health care issues.

Custody can come in several forms:
  • Sole legal custody – also known as primary custody, this refers to only one parent who has the final decision-making right and responsibility for a child
  • Joint or shared legal custody – when a parent has the right to make major decisions about the child’s care together with the other parent. This would be true even if one parent has physical custody. Major decisions are typically made in areas of education, religious affiliation and health care. Courts can grant sole or joint custody as long as it is in the best interest of the child
  • Sole physical custody is when a child lives with only Keep custodyone parent. It is also known as primary physical custody. Primary caregivers have the responsibility  for the day-to-day care for the child as well as the right and obligation to make major decisions concerning the child. The other parent can be granted visitation, but that doesn’t impact one’s sole discretion
  • Joint or shared physical custody allows the child to live with both of you, dividing the child’s time between the two homes. Courts that issue this type of order rarely try to split the child’s time equally between the parents. The parents exercise their rights to make the day-to-day decisions during the time the child is with that parent. It is common for the court to grant joint legal custody when they share joint physical custody.

So who gets child custody and who gets visitation? Parenting responsibilities get divided by the parents, and if the parents are unable to agree, by the court. You and your divorcing spouse have an opportunity to agree to a Parenting Plan (which will include a Child Custody Agreement and a Child Visitation Schedule). Do your best to get it done yourselves.

In Wyoming the courts will make orders or decrees that they believe will be in the best interest of the child. In order to make an informed decision, courts will determine the answers to a fixed set of criteria in order to accomplish this. Additionally courts may go beyond the scope of these queries if it feels it is necessary to do so. Some of what an Wyoming court will consider when determining child custody are:

  • The quality of the relationship the child has with each parentCustody
  • The ability of each parent to provide adequate care for the child throughout each period of responsibility, including arranging for each child’s care by others as needed
  • The relative competency and fitness of each parent
  • Each parent’s willingness to accept all responsibilities of parenting, including a willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times
  • How the parents and each child can best maintain and strengthen a relationship with each other
  • How the parents and each child interact and communicate with each other and how such interaction and communication may be improved
  • The ability and willingness of each parent to allow the other to provide care without intrusion, respect the other parent’s rights and responsibilities, including the right to privacy
  • Geographic distance between the parents’ residences
  • The current physical and mental ability of each parent to care for each child
  • Any other factors the court deems necessary and relevant

Will the Ex manipulate you with the kids’ schedule?

State laws require that the court may not Custody of your kidsfavor one parent over the other when awarding child custody. The reality is that mothers get awarded custody at least three-quarters of the time.

On the application of either party, the court may make such orders concerning the care and custody of the minor children of the parties and their suitable maintenance during the pendency of the action as is proper and necessary and may enforce its order and decree. The party applying for the order must notify the court of any known protection or custody orders issued on behalf of the parties from any other court. The court will consider evidence of spouse abuse or child abuse as being contrary to the best interest of the children. If the court finds that family violence has occurred, the court will make arrangements for visitation during temporary custody that best protect the children and the abused spouse from further harm. [WY Stat § 20-2-112]

Save yourself the hassle by downloading divorce forms here

Best interests of the child

If there have been any documented instances of spousal abuse or child abuse, Wyoming courts will consider evidence presented when determining custody of the children. If the court finds that abuse has occurred, it is expected to make rulings that protect the children ‘in their best interest’. The child custody order is presumed to not only promote understanding and compliance by the parents but to ensure that the best interests of the children are met. Custody can be awarded in any combination of joint, shared or sole custody. Unless findings by the court demand other provisions, the non custodial parent will have the same right of access as the custodial parent to any records relating to the child. These records may include school records, activities, teachers’ conferences as well as medical and dental treatment providers and mental health records.

The Wyoming court has the latitude, at any time, to require the parents to attend appropriate parenting classes, including but not limited to, parenting classes to lessen the effects of divorce on children.

Moving your child away from the other parent

The court will require either parent who plans to change their home city or state of residence, to give written notice thirty (30) days prior to the move, both to the other parent and to the clerk of district court stating the date and destination of the move. This allows the injured party the opportunity to file an objection with the court and have a hearing.

Non-custodial’s rights to the child’s records

The non-custodial parent has same right of access as the parent awarded custody to any records relating to the child of the parties, including school records, activities, teachers and teachers’ conferences as well as medical and dental treatment providers and mental health records.

You will get ONE shot at winning custody – Learn How Here

[Wyoming Statutes - Title 20 - Chapters: 20-2-104, 20-2-107 and 20-2-201]

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Enforcement

When a marriage ends, the court will make Alt Textorders about assets and debt, financial support, and (for those that are parents) parenting time. Those orders can be a result of an agreement (settlement) by the parties, a resolution using mediation or collaboration, or by decision from the judge. In the final divorce decree, the court will resolve:

  • Child Support
  • Parenting Time (Visitation)
  • Child Custody
  • Spousal Support (Alimony)
Child Support

In any proceeding to enforce the decree concerning the maintenance of children, any required notice or pleading shall be served as provided by the Wyoming Rules of Civil Procedure. A court may, upon appropriate motion, require a parent to appear before the court and show just cause Alt Textwhy the parent should not be held in contempt and, upon a showing that the parent has willfully violated a child support order, make such order or orders as the court deems necessary and appropriate.

In any case in which child support has been ordered to be paid to the clerk of the court, any periodic payment or installment under the provisions of an order concerning maintenance is, on the date it is due, a judgment by operation of law.

If an able-bodied obligor is unemployed and otherwise unable to fulfill his court-ordered child support obligation, the court may order the obligor to participate in the personal opportunities with employment responsibilities (POWER) work program administered by the department of workforce services, excluding the benefit portion of that program, without regard to the program eligibility requirements under title 42 or the department rules and regulations promulgated thereunder.

finger pointing rightLooking for divorce forms? All divorce or separation processes require that you gather all relevant forms, fill them out correctly and file the forms as directed by the court. The most efficient way to get them in front of you is to download the divorce forms, complete with instructions that hand-hold you through the process.

In any case in which child support has been ordered to be paid to the clerk of the court, any periodic payment or installment under the provisions of an order concerning maintenance is, on the date it is due, a judgment by operation of law.

If an able-bodied obligor is unemployed and otherwise unable to fulfill his court-ordered child support obligation, the court may order the obligor to participate in the personal opportunities with employment responsibilities (POWER) work program administered by the department of workforce services, excluding the benefit portion of that program, without regard to the program eligibility requirements under title 42 or the department rules and regulations promulgated thereunder.

The court in order to enforce and require future compliance with an order, may find that the parent is in contempt of court, award attorney fees, costs and any other relief as the court may deem necessary under the circumstances. [WY Stat § 20-2-310]

Parenting Time

Enforcing a court order when one parent interferes Alt Textwith the parenting time of the other requires effort and determination on the part of the injured parent. Simply put, you must go back to court. Knowing this before the violations occur telegraphs the need to document everything. Yes, that’s right, you must take careful notes, with dates and times. We suggest you keep all notes in one place. You can do that the old way (get a log book -a notebook will do -, or you can do it the easy way by creating an account at Custody XChange.

Child Custody

Enforcing custody is sometimes accomplished by enforcing parenting time, although custody violations do happen in cases where one parent wishes to move the child away from the area the other parent resides in. See our discussion on Relocation in the tab above. One can benefit using online software mentioned above ( Custody XChange ).

Spousal Support

When an ex-spouse is chronically late or falls behind on spousal support, the injured party must take the delinquent party back to court. The good news is that legal fees can be recovered if you prevail. The bad news is if your ex has lost his or her income, you have to wait it out or force the sale of his or her assets to get paid.


Either parent may petition to enforce or modify any court order regarding custody and visitation.Enforce court orders

A court having jurisdiction may, upon appropriate motion of a party, require a parent to appear before the court and show just cause why the parent should not be held in contempt, upon a showing that the parent has willfully violated an order concerning the care, custody and visitation of the children. In order to enforce and require future compliance with an order the court may find that the parent is in contempt of court, award attorney’s fees, costs and any other relief as the court may deem necessary under the circumstances to the party aggrieved by the violation of an order.

A court having jurisdiction may modify an order concerning the care, custody and visitation of the children if there is a showing by either parent of a material change in circumstances since the entry of the order in question and that the modification would be in the best interests of the children. In any proceeding in which a parent seeks to modify an order concerning child custody or visitation, proof of repeated, unreasonable failure by the custodial parent to allow visitation to the other parent in violation of an order may be considered as evidence of a material change of circumstances. [WY Stat § 20-2-204]

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Grounds For Divorce

S tate laws permit divorces based upon Grounds for divorceirreconcilable differences (no-fault). There is no burden of proof required that may show one spouse has committed acts that constitute grounds for divorce. Basically, if one wants out, the marriage will end. A secondary (and little used) ground for divorce is based upon either spouse being confined to a mental institution for two years because of incurable insanity.
Want to read what we consider to be the Best Guide On Custody Matters?
The guide is FREE, written for Dads, but Moms should read this too. Before you go into battle, be sure you have the right defensive and offensive tools. Do not get surprised or blindsided. Study the Guide, own an online Parenting Plan and you should be covered for anything they throw at you

[Wyoming Statutes - Title 20 - Chapters: 20-2-104, 20-2-105]

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Legal Separation

W yoming has no formal process for legal separation, but rather has what is called a Judicially Declared Separation. If the circumstances are such that grounds for divorce exist, a person may elect to file for a separation in its stead. This decree is very similar to a divorce decree, in that it resolves custody of the children, provision for support, disposition of the Separationproperties of the parties, alimony, restraint of one or both spouses during litigation and restraint of disposition of property. The court will either assign a time limit to the order, or make it permanent.

Reduce the conflicts that come with changing kids schedules

To get a separation, one must petition the court, serve your partner the proper documents and present convincing evidence that supports your petition. You must complete and submit a Marital Separation Agreement, which will include a property settlement agreement, is simply a written contract detailing your agreement to resolve all issues presented. The court may make such orders as appear just, including custody of the children, provision for support, disposition of the properties of the parties, alimony, restraint of one (1) or both spouses during litigation and restraint of disposition of property. The court may impose a time limitation on the order or render a perpetual separation. The parties may at any time move the court to be discharged from the order.

You will get ONE shot at winning custody – Learn How Here

Legal separation is sometimes pursued when one of the parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income tax reasons, wants to maintain various insurance coverage’s, or do not want to wait the state statutory waiting period for termination of marital status.Legal separation

Residency Requirements

In order for a petition for divorce to proceed, one must have resided in Wyoming for at least sixty days immediately preceding the time of filing of the complaint, or the marriage was solemnized in Wyoming and the plaintiff has resided in this state from the time of the marriage until the filing of the complaint.

A married person who at the time of filing a complaint for divorce resides in this state is a resident although his spouse may reside elsewhere.

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Mediation

T here are no statutory requirements Mediation of divorcewith respect to mediation in Wyoming, but courts can order parties to alternative dispute resolution sessions that are by definition mediation. When ordered to do so, couples are not required to pay for this process. As a part of determining whether a referral to mediation, the court will look at any pattern of domestic abuse or violence. All issues not resolved by this process get resolved by the court.
Want to read what we consider to be the Best Guide On Custody Matters?
The guide is FREE, written for Dads, but Moms should read this too. Before you go into battle, be sure you have the right defensive and offensive tools. Do not get surprised or blindsided. Study the Guide, own an online Parenting Plan and you should be covered for anything they throw at you

[Wyoming Statutes - Title 20 - Chapters: 20-2-201]

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Modification Of Court Orders

I n the normal process of divorce Modify court orders(or separation), the court will issue orders that must be followed. At the conclusion of the divorce, the court will make permanent those orders that require continuity. Typically the orders involve:

  • Child Support
  • Child Custody
  • Parenting Time (visitation)
  • Alimony (spousal support)

It is important to note that the court order(s) reflect a permanent condition until or unless there is a dispute, a request by one of the parties to adjust an order, or the natural expiration of the order. Requests to modify require the appropriate form to be filed with the court.

finger pointing rightLooking for divorce forms? All divorce or separation processes require that you gather all relevant forms, fill them out correctly and file the forms as directed by the court. The most efficient way to get them in front of you is to download the divorce forms, complete with instructions that hand-hold you through the process.

Child Support – set by a mathematical formula used throughout the State by its courts and judges. The amount of support can be adjusted higher (or lower) depending upon the changing circumstances of the child or either parent. Requests to adjust the amount of support generally go back to the court that issued the original order, and require a substantial change in circumstances to be accepted.

Child Custody – As you might imagine, this is not the court’s first rodeo, so they see most everything coming from far away. Should a parent wish to modify the court order, that parent would need to file the petition with the court that issued the order. This court has jurisdiction. Requests to change the original custody order must be made to the court that has jurisdiction, and must cite new facts that were unavailable to that parent in the original action, or that there has been substantial changes in circumstance. In extreme circumstances, where you look to change custody because the other parent has become unfit, you would use the form: Motion for Modification or Amendment of Prior Custody Order in Divorce Decree to Obtain Sole Custody of Minor Child Due to Unfitness of Custodial Parent
Parenting Time (Visitation) – A change in your child’s schedule can be agreed to by the parents without the approval of the court. You should consider having the court approve any changes, so that they become an official part of the custody order, because things change, and verbal agreements are just that – verbal, and difficult to enforce once the winds shift again (and they will). In cases where there is no agreement to alter visitation, the noncustodial parent must convince the court that an increase in visitation is in the best interests of the child(ren).

You will get ONE shot at winning custody – Learn How Here

Alimony – this too requires a court order to change the terms. Adjusting the amount and frequency requires a material change in circumstances. Most modifications for alimony come from the payor of spousal support, and generally cite a drop of income or increased costs as a result of a life-altering event (decrease in pay, loss of job, medical expenses, etc.). Less frequently, a petition to increase alimony is requested when the receiving party learns of an increase in income of the paying party. These requests usually are based on the dependent ex-spouse being entitled to a portion of the increase due to his or her efforts during the marriage.

Jurisdiction enforcement and modification – A court in Modify court ordersthis state which enters a custody order has continuing subject matter jurisdiction to enforce or modify the decree concerning the care, custody and visitation of the children as the circumstances of the parents and needs of the child require, subject to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. A service member’s temporary duty, deployment or mobilization will not alter any court’s continuing jurisdiction. A court which has jurisdiction to enforce or modify an order may decline to exercise its jurisdiction if it finds it is an inconvenient forum under the circumstances of the case and that the court which entered the original order is a more appropriate forum and has jurisdiction as set forth in the Uniform Child Custody Jurisdiction and Enforcement Act.

A court in any county in Wyoming in which the child has lived with his parents, a parent or a person acting as a parent for six (6) consecutive months immediately prior to commencement of the custody proceeding may assert subject matter jurisdiction and adjudicate any proceedings involving the child. Periods of temporary absence of any of the named persons will be included as part of the six (6) month period.

Any party seeking to enforce or modify a custody order will attach a certified copy of the custody order to the petition to be enforced or modified. A certified copy of an order entered by a Wyoming court providing for the care, custody or visitation of children may be filed in the office of the clerk of the district court of any county in this state in which either parent resides if neither parent resides in the county of original jurisdiction. The district court for the county in which the order is filed has jurisdiction to enforce the order, provided:

  • Upon request of the district court for the county in which a certified copy of the order has been filed, the court which originally entered the order shall forward certified copies of the transcript of the court record and pleadings, orders, decrees, records of hearings, social studies and other pertinent documents relating to the original proceeding; and
  • The district court for the county in which a certified copy of the order has been filed will give due consideration to the transcript of the record and all other documents submitted to it.

Will the Ex manipulate you with the kids’ schedule?

In any proceeding to enforce or modify an order concerning the care, custody and visitation of children, any required notice or pleading must be served as provided by the Wyoming Rules of Civil Procedure. [WY Stat § 20-2-203]

Enforcement and modification – Either parent may petition to enforce or modify any court order regarding custody and visitation.

A court having jurisdiction may, upon appropriate motion of a party, require a parent to appear before the court and show just cause why the parent should not be held in contempt, upon a showing that the parent has willfully violated an order concerning the care, custody and visitation of the children. In order to enforce and require future compliance with an order the court may find that the parent is in contempt of court, award attorney’s fees, costs and any other relief as the court may deem necessary under the circumstances to the party aggrieved by the violation of an order.

A court having jurisdiction may modify an order concerning the care, custody and visitation of the children if there is a showing by either parent of a material change in circumstances since the entry of the order in question and that the modification would be in the best interests of the children. In any proceeding in which a parent seeks to modify an order concerning child custody or visitation, proof of repeated, unreasonable failure by the custodial parent to allow visitation to the other parent in violation of an order may be considered as evidence of a material change of circumstances. [WY Stat § 20-2-204]

For change of custody and relocation, see our section on Relocation in the tab above

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Parenting Plans

I n all divorce, separation or annulment Parenting plansfilings where minor children are involved, a parenting plan must be established and subsequently approved by the court. You have an opportunity to draw up your own with your spouse, but if that effort fails, the court will impose one. In either case, the parenting plan will have two main components:

A Parenting Schedule – describes the days and times that the child will be with each parent, how and by whom the child will travel between the parents, where the transfers will occur and who will pay any expenses associated by the transfers.

Decision Making – the nature of how major decisions will be made and by whom on the more important issues in the child’s life (health, education, religious and social issues).

It’s your plan or the court’s plan – you choose

The court will either approve your plan or issue its Parenting plansown based on the child’s best interest. Key factors that receive scrutiny include:

  • the physical, emotional, mental, religious, and social needs of the child
  • the capability and desire of each parent to meet these needs
  • the child’s preference if the child is of sufficient age and capacity to form a preference
  • the love and affection existing between the child and each parent
  • the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
  • the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, except that the court
    may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a
    continuing relationship with the other parent will endanger the health or safety of either the parent or the child
  • any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents
  • evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child
  • other factors that the court considers pertinent

Will the Ex manipulate you with the kids’ schedule?

Creating the planParenting plans

There are templates on the internet that you can use to draft a simplified version of a parenting plan. Templates can be helpful in organizing your ideas and needs, but they generally do not offer or prompt details that you might otherwise not think of to include in your plan. Additionally, plans on paper tend to get lost by one of the parents, or the plan gets stale as the child grows and his or her needs and activities change. Making changes to the schedule become problematic with paper plans (changing it and reprinting it each time).

Custody and visitation

Who gets custody and the terms of visitation are detailed in the plan. Issues such as the specifics for visitation, travel costs, who gets the tax deductions for the kids, health insurance
and other choices are included.

The best online plan we have found

There are a handful of online, high-quality parenting plan platforms available. We suggest using Custody XChange©. They have several levels of access that meet parents’ needs. Check them out. They even have a free trial period. The smartest move is to put a plan online and have only one parent be able to make changes to the child’s schedule online (that would be you). With a plan online, your child’s schedule is mapped out months (or years) in advance, and can be viewed by your Ex or your children online. This provides security and continuity to kids, and notifies the Ex that any changes must be discussed and agreed to. In fact, those parents that have used the online version report less chaos with kids schedules than ever before.

Want to read what we consider to be the Best Guide On Custody Matters?
The guide is FREE, written for Dads, but Moms should read this too. Before you go into battle, be sure you have the right defensive and offensive tools. Do not get surprised or blindsided. Study the Guide, own an online Parenting Plan and you should be covered
for anything they throw at you

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Dividing Marital Property

T o complete a separation or divorce, you Divide marital propertywill need to reach a divorce settlement of your assets, debts, support and custody if applicable. If you are unable to reach a divorce settlement, the court will impose its own settlement. Wyoming is an equitable distribution state, which means that in the absence of a settlement agreement the marital property of the parties will be distributed among the parties in a manner the court determines to be equitable and just, but not necessarily equally among the parties.

The court may summon by subpoena any party and compel an answer under oath concerning his property, rights or interests, or money that he may have or money due or to become due to him from others, and make such order thereon as is just and equitable. To enforce its orders concerning alimony, temporary or permanent, or property or pecuniary interests, the court may require security for obedience thereto, or may enforce the orders by attachment, commitment, injunction or by other means.

[Wyoming Statutes - Title 20 - Chapters: 20-2-112, 114]

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Relocation Of A Child’s Home

T o get an existing custody order changed, you will need to Relocation of your childfile a motion to modify (change) with the court that last ruled in the case. To be successful, you must provide evidence that there has been a material and substantial change of circumstances since the last hearing, and that proposed changes would be in the best interest of the child.

If you’re interested in changing the state in which your custody petition can be heard, you are requesting a change to your child’s home state. You can move to another state, and if it doesn’t violate an existing court order, the new state becomes the child’s home state once you have lived there for 6 months.

Modification of custody based upon custodial parent’s relocation is determined under the general modification statute; substantial change in circumstances must be shown and that modification will serve the best interests of the child.Watt v. Watt, 971 P.2d 608 (Wyo. 1999)

If you have moved your child to another state, you cannot file for custody until your child has lived there for at least 6 months. Until then, the other parent can file a petition for custody in the previous state if the child lived there for at least 6 months. Exceptions to the rule:  you can file in a state other than where the child lives if there are significant connections to that state.

Ordinarily this type of filing is successful when there is no other home state yet or the home state’s court has agreed to allow another state to have jurisdiction. Filing for a temporary emergency order can also be done in any state if the child is in that state and the child has been abandoned or has been abused or is being threatened with abuse.

Taking your child out of state –  If there is no existing court order either parent may travel out of state. If one parent moves out of state with the child and there is no custody order in place, the other parent can file for custody in the state the child last lived up until the child establishes a new home state (requires 6 month residence). If you are divorcing, a custody order is made a part of the final divorce decree. If you are not divorced yet, you should contact a family law attorney ASAP.

If your Ex has moved your child away

Expedited enforcement of a child custody determination – a petition for enforcement may be submitted to the court and must state:

  • Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was
  • Whether the determination has been vacated, stayed or modified by a court whose decision must be enforced
  • Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions
  • The present physical address of the child and the respondent, if known
  • Whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and
  • If the child custody determination has been registered and confirmed

Will the Ex manipulate you with the kids’ schedule?

Following the filing of the petition, the court will issue an order directing the respondent to appear in person at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.

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Alimony

S pousal support or maintenance can be Alimonyrequested in any divorce action as provided for in Wyoming divorce laws. The needs of one spouse for recovery can be markedly different than for the other. The court has a wide range of remedies in this area. After examination of the facts, a court can order a sum be paid by one or both parties, in alimony form or as part of a child support determination. Courts can and do order temporary spousal support during the pendency of the action.

For spouses with little or no access to the marital assets accumulated, courts can and will order payment and access to cover needs. Note: If there are assets that, if sold, would cause unnecessary tax or penalty, you are better off making an agreement with your spouse so that the court does not order an asset sold.

You will get ONE shot at winning custody – Learn How Here

The court can place the burden of costs of the divorce against either party. This can include the above-mentioned possibility that assets be sold that disadvantage one or both parties. Wide latitude is the word here on what the court can do. Best advice? Get your spouse to agree to terms that won’t further disadvantage you.

Revision of alimony – After a decree for alimony or other allowance for a party or children and after a decree for the appointment of trustees to receive and hold any property for the use of a party or children, the court may from time to time, on the petition of either of the parties, revise and alter the decree respecting the amount of the alimony or allowance or the payment thereof and respecting the appropriation and payment of the principal and income of the property so held in trust and may make any decree respecting any of the matters which the court might have made in the original action.

Save yourself the hassle by downloading divorce forms here

[Wyoming Statutes - Title 20 - Chapters: 20-2-114, 116]

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Visitation (Parenting Time)

P arties to a separation or divorce have the Visitationoption of submitting a Visitation Schedule or Parenting Plan to the court during the legal process. A parenting plan will detail the particulars on when each parent will have the children, and what responsibilities they will each have. If you cannot agree on a visitation schedule, the court will order one. Features typically found in a visitation agreement where the non-custodial spouse is concerned are: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year’s Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father’s Day with Father, Mother’s Day with Mother, alternate years on the children’s birthdays, and open communication by phone and computer.

Save yourself the hassle by downloading divorce forms here

You may wish to consider these issues and whether they should be a part of the agreement or not. Be as specific as you can including the right language in your agreement. How will the custody decree spell out the details? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won’t be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children?

Enforcement of a visitation order

A parent may make motion to the court for a hearing alleging violation of an order concerning the care, custody and visitation of the child. If the motion is an appropriate motion, the court can require a parent to appear before the court and show just cause why the parent should not be held in contempt. The court can find that the parent is in contempt of court, award attorney’s fees, costs and any other relief as the court may deem necessary under the circumstances to the party aggrieved by the violation of an order.

Will the Ex manipulate you with the kids’ schedule?

[Wyoming Statutes - Title 20 - Chapters: 20-2-301 to 20-2-315]

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Court Locations

Listed by Judicial District (First through Ninth – not alphabetically):
Cheyenne, Wyoming
First Judicial District, Laramie County Clerk of District Court
309 W. 20th Street, Room 3205 Cheyenne, Wyoming 82003 ph. 307.633.4270
Laramie, Wyoming
Second Judicial District, Albany County Clerk of District Court
525 Grand Avenue, Suite 305 Laramie, Wyoming 82070
ph. 307.721.2508
Rawlins, Wyoming
Second Judicial District, Carbon County Clerk of District Court 415 West Pine Street, Rawlins, Wyoming 82301
ph. 307.328.2628
Kemmerer, Wyoming
Third Judicial District, Lincoln County Courthouse, 925 Sage Avenue Kemmerer, WY
83101 ph. 307.877.3320
Green River, Wyoming
Third Judicial District, Sweetwater County Courthouse, 80 West Flaming Gorge, Green River, WY 82935 ph. 307.872.3820
Evanston, Wyoming
Third Judicial District,
Uinta County Complex, 225 9th Street, Evanston, WY 82930 ph. 307.783.0456
Buffalo, Wyoming
Fourth Judicial District Johnson County Judicial Center, 620 W. Fetterman Street, Suite 208 Buffalo, WY 82834
ph. 307.684.7271
Sheridan, Wyoming
Fourth Judicial District Sheridan County Courthouse Clerk of District Court,  224 South Main Street, Suite B11, Sheridan, WY 82801 ph. 307.674.2960
Basin, Wyoming
Fifth Judicial District, Big Horn County Courthouse
420 West C Street
Basin, Wyoming 82070
ph. 307.568.2381
Thermopolis,Wyoming
Fifth Judicial District Hot Springs County Courthouse 415 Arapahoe Street, Thermopolis, WY 82443 ph. 307.864.3323
Cody, Wyoming
Fifth Judicial District Park County Courthouse 1002 Sheridan Avenue, Cody, WY 82414
ph. 307.527.8690
Worland, Wyoming
Fifth Judicial District Washakie County Courthouse 1023 Big Horn Avenue, Worland, WY 82401 ph. 307.347.4821
Gillette, Wyoming
Sixth Judicial District Campbell County Courthouse 500 South Gillette Avenue, Suite 2600, Gillette, WY 82716 ph. 307.682.3424
Sundance, Wyoming
Sixth Judicial District Crook County Courthouse 309 Cleveland, Sundance, WY 82729
ph. 307.283.2523
Newcastle, Wyoming
Sixth Judicial District Weston County Courthouse
1 West Main, Newcastle, WY 82701
ph. 307.746.4778
Casper, Wyoming
Seventh Judicial District Natrona County Courthouse 115 North Center Street, Suite 100, Casper, WY 82601 ph. 307.235.9243
Douglas, Wyoming
Eighth Judicial District Converse County Courthouse 107 North 5th Street, Douglas, WY 82633 ph. 307.358.3165
Torrington, Wyoming
Eighth Judicial District Goshen County Courthouse 2125 East A Street, Torrington, WY 82240 ph. 307.532.2155
Lusk, Wyoming
Eighth Judicial District Niobrara County Courthouse 424 S. Elm, Lusk, WY 82225
ph. 307.334.2736
Wheatland, Wyoming
Eighth Judicial District Platte County Courthouse 800 9th Street, Wheatland, WY 82201 ph. 307.322.3857
Lander, Wyoming
Ninth Judicial District Fremont County Courthouse 450 North 2nd Street, Lander, WY 82520 ph. 307.332.1134
Pinedale, Wyoming
Ninth Judicial District Sublette County Courthouse 21 South Tyler, Pinedale, WY 82941
ph. 307.367.4376
Jackson, Wyoming
Ninth Judicial District Teton County Courthouse 180 South King Street, Jackson, WY 83001
ph. 307.733.2533
Want to read what we consider to be the Best Guide On Custody Matters?
The guide is FREE, written for Dads, but Moms should read this too. Before you go into battle, be sure you have the right defensive and offensive tools. Do not get surprised or blindsided. Study the Guide, own an online Parenting Plan and you should be covered for anything they throw at you

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Child Support

T he laws on divorce in Wyoming detail the Child supportmanner in which WY child support is paid. The topic is likely the most contentious of all issues when dissolving a marriage with children. Without fail, one or both sides is displeased with the particulars if you and your spouse are unable to agree to a co-parenting plan and the court must step in.

Wyoming, like all other states, has created a system they hope properly addresses the financial support needed by all parties. If it is going to get ugly, it will be around the child support issue. The non-custodian claims the amount doesn’t allow he or she the ability to affording a lifestyle, and the custodian often claims the amount of child support doesn’t meet the child’s needs. The painful truth is that both are right. Wyoming, like all states, has in place an arithmetic calculation for your child support payment.

In the unusual case where the combined monthly income of both custodial and non-custodial parents is less than $833.00, the child support obligation of the non custodial parent will be twenty-five percent (25%) of net income, but in no case will the support obligation be less than fifty dollars ($50.00) per month for each family unit in which there are children to whom the non custodial parent owes a duty of support.

You will get ONE shot at winning custody – Learn How Here

Divorce in Wyoming means that in cases where a marriage annulment (or marital annulment) is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children in the state receive.

If a marriage separation has been petitioned for, the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deems appropriate.

Health care for dependents

The court will order either or both of the parents to provide medical support, which may include dental, optical or other health care needs.

finger pointing rightHaving an on-line Parenting Plan will give your ex no wiggle room to interfere with scheduled activities, since you will allow online access and s/he can check it when there’s an urge to change things at the last minute. This puppy is worth its weight in gold. See our Parenting Plans page.
You can inform the ex that if you put an activity on the schedule, it ain’t changing without discussion. Your kids can view it too and get a greater sense of stability and security.

Wyoming child support ends at age 18, or to age 21 for secondary education. Child support can also terminate when a.) parents marry or remarry each other, b.) the child dies, c.) the child is legally emancipated, or d.) the child attains the age of majority.

The court may deviate from the standard child support amount if it deems that amount to be be unjust or inappropriate. Factors the court may consider in its deviation include:

  • The age of the child
  • The cost of necessary child day care,
  • Any special health care and educational needs of the childChild support payments
  • The responsibility of either parent for the support of other children, whether court ordered or otherwise
  • The value of services contributed by either parent
  • Any expenses reasonably related to the mother’s pregnancy and confinement for that child, if the parents were never married or if the parents were divorced prior to the birth of the child
  • The cost of transportation of the child to and from visitation
  • The ability of either or both parents to furnish health, dental and vision insurance through employment benefits
  • The amount of time the child spends with each parent
  • Any other necessary expenses for the benefit of the child
  • Whether either parent is voluntarily unemployed or underemployed. In such case the child support shall be computed based upon the potential earning capacity (imputed income) of the unemployed or underemployed parent. In making that determination the court shall consider: Prior employment experience and history
  • Educational level and whether additional education would make the parent more self-sufficient or significantly increase the parent’s income
  • The presence of children of the marriage in the parent’s home and its impact on the earnings of that parent
  • Availability of employment for which the parent is qualified
  • Prevailing wage rates in the local area
  • Special skills or training, and
  • Whether the parent is realistically able to earn imputed income, whether or not either parent has violated any provision of the divorce decree, including visitation provisions, if deemed relevant by the court, and other factors deemed relevant by the court

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Modification of child support orders

Any party may petition for a review and adjustment of any child support order that was entered more than six (6) months prior to the petition or which has not been adjusted within six (6) months from the date of filing of the petition for review and adjustment. The petition must allege that conditions have changed so that a modification of the orders would result in at least a 20% change from the amount of the existing order.

Enforcement of child support

In any proceeding to enforce the decree concerning the maintenance of children, any required notice or pleading shall be served as provided by the Wyoming Rules of Civil Procedure.

A court may, upon appropriate motion, require a parent to appear before the court and show just cause why the parent should not be held in contempt and, upon a showing that the parent has willfully violated a child support order, make such order or orders as the court deems necessary and appropriate.

In any case in which child support has been ordered to be paid to the clerk of the court, any periodic payment or installment under the provisions of an order concerning maintenance is, on the date it is due, a judgment by operation of law.

Compelled to do day labor

If an able-bodied obligor is unemployed and otherwise unable to fulfill his court-ordered child support obligation, the court may order the obligor to participate in the personal opportunities with employment responsibilities (POWER) work program administered by the department of workforce services, excluding the benefit portion of that program, without regard to the program eligibility requirements under title 42 or the department rules and regulations promulgated thereunder.

The court in order to enforce and require future compliance with an order, may find that the parent is in contempt of court, award attorney fees, costs and any other relief as the court may deem necessary under the circumstances. [WY Stat § 20-2-310]

Wyoming Child Support Calculator

[Wyoming Statutes - Title 20 - Chapters: 20-2-104, 20-2-107 and 20-2-303 through 20-2-308]

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