Divorce FAQ

• What are valid grounds for divorce?
• What is the difference between legal separation and divorce?
• How long does it take to obtain a divorce or legal separation?
• How is a legal separation or divorce initiated?
• What is "Service of Process"?
• What are the residency requirements?
• Does it matter which spouse files?
• What is an "uncontested" divorce?
• What if there are disputed matters?
• What is mediation?
• What is a restraining order?
• What if your spouse is abusive?
• What is child support?
• What about custody?
• What is alimony or spousal support?
• How is property divided?
• What is the amount of attorney fees?
• When is the divorce final?
• Other Comments

What are valid grounds for divorce?

The Court will grant a divorce upon a showing of "irreconcilable differences." Typically, the Court requires something more than "we just don't get along anymore."

What is the difference between legal separation and divorce?

A legal separation means that both parties can live separate and apart without being bound by the actions and contracts of the other. It does not terminate the marriage. Temporary custody and parenting rights are awarded, child support ordered, property divided, debts allocated, alimony or spousal support determined, and both spouses may be restrained from disposing of property during the term of the separation. The Court may set a time limitation on the legal separation or render the separation for perpetual separation. Either party, at any time, may request the Court to be discharged from the Decree of Legal Separation.

How long does it take to obtain a divorce or legal separation?

The parties must wait 20 days before either a Decree of Divorce or Legal Separation can be final. This time period begins once the Complaint is filed.

How is a legal separation or divorce initiated?

The process is the same whether filing for a legal separation or divorce. A "Complaint" and "Summons" are filed with the Court by one spouse or his/her attorney. The Complaint states that (1) the filing spouse has been a resident of the county in which the Complaint is filed for 60 days immediately before the Complaint is filed; (2) irreconcilable differences exist in the marriage; (3) property and debt have been acquired during the marriage and should be equitably divided between the parties; (4) whether children were born or adopted during the marriage; (5) if applicable, the custodial arrangement that is in the child(ren)'s best interest; (6) whether both parents are capable of contributing to the financial support of the child(ren); (7) whether spousal support is requested; (8) date and location of marriage.

What is "Service of Process"?

After the Complaint is filed, the other spouse must receive proper notification that the Complaint has been filed. A copy of the Complaint may be hand-delivered or mailed to your spouse and s/he can sign an "Acceptance of Service" after receiving a copy of the Complaint. The "Acceptance of Service" simply acknowledges receipt of a copy of the Complaint. If your spouse will not accept service, then the spouse may be served by a process server or sheriff.

What are the residency requirements?

As the Plaintiff, or initiating party, you must have resided in Wyoming for 60 days immediately before filing your Complaint.

Does it matter which spouse files?

No, there is no legal significance if the husband or the wife files the Complaint.

What is an "uncontested" divorce?

If both parties agree to everything that must be decided, the Court typically approves the agreement and enters the Decree soon after the 20 days has lapsed after filing the Complaint. If an agreement has been signed by both parties, no hearing is required.

What if there are disputed matters?

If your spouse disputes any matter, you do not have an "uncontested" divorce and a trial will be necessary. It is also possible to utilize mediation to resolve the disputes. If mediation is not requested by either party, or if mediation is not resolve all disputed issues, then the Court will hold a trial to decide any disputed matters concerning custody, visitation, support, division of property and debts and alimony.

What is mediation?

A mediator is a neutral third person specifically trained to assist persons in reaching agreements. Mediators do not make decisions for you nor do they side with one spouse or the other.

What is a restraining order?

Either spouse may request the Court enter a restraining order after the Complaint is filed. The restraining order may address:

• Preventing removal of the child(ren) from the state.
   
• Preventing either party from harassing, telephoning, or contacting the other at their home or place of business.
   
• Preventing either party from concealing, selling, destroying, or transferring property of the marriage while the divorce is pending.
   

What if your spouse is abusive?

If you or your children are in danger from your spouse, call for help and go to safety as instructed by law enforcement. It may be possible to obtain a protection order from the Circuit Court if you are in imminent danger. Wyoming Safehouse is another resource and their number may be obtained in your local telephone directory, or go to www.wyomingsafehouse.org.

Is it necessary to obtain an order to address interim matters?

If your spouse is physically or verbally abusive to you or to the children, refuses to provide reasonable support, or refuses to permit reasonable visitation, the Court will hear your evidence and determine if you will get relief while the case is pending. The Court may also provide for temporary custody, visitation, and child support and temporary use of the family home.

What is child support?

The amount of child support to be awarded is determined through the use of a formula established by the Wyoming legislature. The Court considers the net monthly income of each parent (the gross monthly income minus taxes, health insurance premiums attributable for the children, and mandatory retirement contributions). The Court may deviate from the "presumptive" child support amount depending upon any special medical or educational needs of the children, day care costs, costs of transportation of the children to and from visitation, the responsibility of either parent for the support of other children, the amount of time the children spend with each parent, and whether either parent is unemployed or underemployed.

The Court can require support of a normally healthy child only until age 18, or until the child has graduated from high school, or is between the ages of 18 and 20 and attending an equivalent program as a full-time student. It may be possible to continue support beyond this age for a child with a mental or physical disability.

What about custody?

In the event that the parents cannot come to an agreement on the custodial arrangements, then the Court will decide where the children will live primarily and which parent will receive "visitation." Generally, visitation is defined as alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m., alternating major holidays, and 60 days in the summer.

The best interests of the children is the legal standard by which parental responsibilities are awarded. Many factors are taken into consideration when determining this, such as the history of involvement by each parent, the mental and physical health of the parties, and the ability of the custodial parent to encourage the relationship between the children and the non-custodial parent.

Many Courts now require both parents attend a four-hour class on "parenting and divorce." This provides you with information about what behavior to expect from your children and how best to help them through the divorce process.

Parenting time is also not tied to payment of child support. The Court enforces parenting time in the same manner as enforcement of payments for child support.

What is alimony or spousal support?

This is the financial support provided by one spouse for the other. Alimony may be awarded where one spouse assists the other in obtaining an education, where one spouse requires time or training to become employed, or where there is substantial discrepancy between the income of the parties.

There is not a set formula to determine the appropriate amount of alimony, if the Court determines alimony should be awarded. Some factors that are considered in awarding alimony include the length of the marriage, the ability of each spouse to support him or herself, and the mental and physical health of each party.

Alimony is tax deductible by the paying spouse and is taxable income to the receiving spouse.

How is property divided?

If you and your spouse cannot reach an agreement about how to divide the property and debt, then the Court will make such disposition of the property as appears "just and equitable." The Court will consider:

1. the respective merits of the parties,
2. the financial condition in which each party will be left after the divorce,
3. the party through whom the property was acquired, and
4. the burdens imposed upon the property for the benefit of either party and the children.

There are no "hard and fast" rules to control property division. Wyoming law does not require an equal division of property and debt. A "just and equitable" division of property and debt is as likely as not to be unequal.

The tax consequences, if any, of the property division should be considered and, if necessary, discussed with your accountant.

How much does it cost to file for Divorce or Separation?

The Court charges $60.00 to file a Complaint. The service of process fee depends on whether the spouse signs an "Acceptance of Service" (for which there is no cost) or if the spouse is served by a process server or sheriff. The cost for service of process depends upon where the spouse is located (for example, within Cheyenne or another state). If there are depositions, investigations, appraisals, or custody evaluations the costs increase substantially.

What is the amount of attorney fees?

The exact fee will vary with the services you require. Basic divorce services include: the preparation and filing of the Complaint or Answer (and Counterclaim); Summons and Acceptance of Service, Precipe for Service, Vital Statistics form, obtaining information from you concerning property division and debt allocation, preparation or review of Property Settlement (and Parenting) Agreement; and preparation of all documents required by the Court which depend upon whether children are subject to the divorce.

An advance payment, called a retainer, will be required before services are provided. The amount of the retainer varies with the services required.

When is the divorce final?

The divorce is final the day it is entered by the Clerk of the District Court, which is the file-stamped date on the first page of the Decree.

Other Comments

Reconciliation:

While sometimes divorce seems like the only solution, oftentimes it is not. After the divorce process commences, you may decide to try to work things out in your relationship. Our policy is to encourage efforts towards reconciliation. If you decide to drop the divorce action, you will pay only for those services actually performed and costs actually accrued up to that time.

Change of name:

A former name, such as a wife's maiden name, may be restored as part of the final Decree at no additional charge. This is a personal decision. A wife who took her husband's name at the time of the marriage can keep his name after the divorce. This decision is the wife's decision only and she cannot be forced to have her former name restored.

Dating and remarriage:

The decision to date while pursuing a divorce is yours alone, but be aware that problems may arise. If custody is an issue, your personal life is taken into consideration.

Your initial consultation with an attorney:

At your initial consultation, all issues will be identified and discussed. It is the firm's philosophy to discuss the "pros and cons" of each issue so that informed decisions may be made. Read more about Your Initial Consultation: Preparing for the First Meeting with Your Attorney.

Confidentiality:

We must have all the facts to represent you properly. Anything you tell anyone in this office is strictly confidential and will not be disclosed without your permission.

Keeping you informed:

We will make every effort to keep you informed. You will receive, in a timely manner, copies of all documents prepared or received by us. You will also receive a monthly statement that details the work done by us on your behalf.

Our professional services:

We provide experienced legal assistance and competent staff support. Your case is given our continuing personal attention in an effort to obtain for you the best results possible in the most reasonable time and at a reasonable cost.

Your responsibilities:

We expect our clients to be cooperative and truthful. Without this, we will not represent them. We also expect that all financial commitments to our office be handled in a prompt and businesslike manner. Clients need to notify us of any change of address or telephone number or if anything that may affect their case is learned.

General suggestions:

Your well-meaning friends and associates may offer you advice about your case. Frequently such advice is not accurate and you should be cautious in following it. The facts surrounding your marriage, divorce, children, and property are unique and they differ from every other case. Divorce proceedings are very emotional and parties sometimes seek revenge. Sometimes one parent will use the children in an attempt to punish the other parent. Prepare your children properly without poisoning their minds about your spouse. Obtain professional advice if necessary. Attempt to cooperate with your spouse where the children are involved. Discuss support and property division with your spouse. Be fair.

Try to keep conflict away from the children. Children are harmed by being placed in a battle between their parents. You may be divorcing your spouse but you will always be parents to your children, and they need both of you.

For more information, or to make an appointment, please call us at 307-778-2557, send email to zubrod@aol.com, or complete the online form.