Family Law Laws in Wyoming

Family Law Law in Wyoming: Overview

Wyoming family law is governed by Wyoming Statutes Title 20 (Husband and Wife). Wyoming is a purely no-fault divorce state, permitting dissolution only on the ground that irreconcilable differences exist in the marital relationship. The state follows equitable distribution using an all-property approach, meaning all property is subject to division regardless of when acquired. Wyoming uses the income shares model for child support and applies the best interests of the child standard for custody. The state requires a 60-day residency period before filing and imposes a mandatory 20-day waiting period after the defendant is served. Wyoming is notable for its all-property equitable distribution approach, its relatively short residency requirement, and its broad judicial discretion in alimony and property division. The state's small population and rural character influence its family law practice, with judges often having significant discretion in fashioning equitable outcomes.

Key Statutes & Deadlines

All-Property Equitable Distribution

Wyoming uses an all-property approach to equitable distribution under Wyo. Stat. § 20-2-114, meaning the court may distribute all property owned by either or both parties regardless of when or how it was acquired. This includes property acquired before the marriage, inheritances, gifts, and property acquired during the marriage. The court considers factors established through case law, including the respective merits of the parties, the condition in which they will be left by the divorce, the party through whom the property was acquired, and the burdens imposed on the property for the benefit of either party or their children. Wyoming courts generally consider fault as a factor in property division, and a spouse's misconduct during the marriage may influence how property is divided.

Child Custody and Best Interest Factors

Wyoming applies the best interests of the child standard for custody under Wyo. Stat. § 20-2-201, considering factors including the quality of the relationship between the child and each parent, the ability of each parent to provide adequate care, the relative competency and fitness of each parent, each parent's willingness to accept the responsibilities of parenting, how the parents and child can best maintain and strengthen their relationships, how the parents and child interact in the home and community, the geographic distance between the parents' homes, and each parent's ability to encourage a close relationship with the other parent. Wyoming does not have a statutory presumption favoring joint custody, though courts may award joint custody when it serves the child's best interests.

Alimony Considerations

Wyoming courts may award alimony under Wyo. Stat. § 20-2-114, considering factors including the ability of the requesting spouse to contribute to their own support, the other spouse's ability to pay, the length of the marriage, the financial condition of each party after property division, whether the requesting spouse has custody of children requiring full-time care, and any other factor the court deems just and equitable. Wyoming does not have a statutory formula or cap for alimony, giving courts broad discretion. The state recognizes both rehabilitative alimony (to help a spouse become self-supporting) and longer-term alimony in cases where rehabilitation is not feasible. Fault may be considered as a factor in alimony determinations.

Wyoming Court System

Family law cases in Wyoming are heard by the District Courts, which are the state's trial courts of general jurisdiction. Wyoming has 9 judicial districts covering 23 counties. District Courts handle divorce, custody, child support, and related family law matters. Due to Wyoming's small population, most districts do not have specialized family law divisions, and judges handle a wide variety of case types. Wyoming courts may order mediation in contested custody cases. The state utilizes guardians ad litem in some custody disputes. Appeals from District Court family law decisions go to the Wyoming Supreme Court, as the state does not have an intermediate appellate court.

Damages & Penalties

Wyoming divides all property equitably using the all-property approach, considering the merits of the parties, fault, and other factors. Alimony is determined by the court's broad discretion based on case-law factors with no formula or cap. Child support follows the income shares model under the Wyoming Child Support Guidelines, considering both parents' net incomes, the number of children, health insurance costs, childcare costs, and the custody arrangement. The guidelines include adjustments for shared custody. Enforcement includes income withholding, contempt, license suspension, tax refund intercepts, and criminal prosecution. The Wyoming Department of Family Services, Child Support Program, assists with establishment, modification, and enforcement. Modification requires a material change in circumstances resulting in at least a 20% change in the support amount.

Recent Legislative Changes

Wyoming has updated its child support guidelines to reflect current economic data and has improved court technology for electronic filing and remote proceedings. The state has also expanded access to mediation services in family law cases.

Frequently Asked Questions