By Neta, founder of SortMyDivorce · Published · Updated
60 days in Wyoming before filing, then at least 20 days after filing before a divorce can be granted. Wyoming does grant legal separation.
Wyoming divorces move through District Court under the state's own property rules and timing requirements — and a few Wyoming-specific details, especially around property division and waiting periods, are worth understanding before you file anything.
| Residency requirement | You or your spouse must have lived in Wyoming for at least 60 days before filing. If children are involved, they generally must have lived in Wyoming for 6 months for the court to decide custody. |
|---|---|
| Grounds | No-fault only — 'irreconcilable differences' (the marriage cannot be saved). No need to prove fault. Wyoming has a second, rarely used non-fault ground: incurable insanity, under Wyo. Stat. §20-2-105. |
| Waiting period | At least 20 days after filing before a divorce can be granted; most cases take longer than the minimum. |
| Legal separation | Wyoming does grant legal separation. It settles the same questions a divorce settles — support, parenting and, depending on the case, property — but leaves the marriage in place, so neither spouse can remarry without a divorce. |
| If you were never married | Wyoming does not create common-law marriage, and living together gives neither partner property or support rights. Claims rest on agreements between you. A common-law marriage validly formed in a state that does create them is generally still recognised. |
| Where you file | Complaint for Divorce is filed with the Clerk of District Court in the county where you or your spouse lives. |
| Filing fee | Set by each county's Clerk of District Court and varies — confirm the current amount with your local court clerk. A fee waiver (in forma pauperis) is available if you can't afford it. Filing fees are set by the court and change without notice: check the current schedule on the court's own website before you file, and ask about a fee waiver if the cost is a barrier. |
| Starting forms | Complaint for Divorce, Summons, Vital Statistics Form, Confidential Financial Affidavit, and Initial Disclosures — bundled in the Wyoming Judicial Branch's self-help packets (Packet 1: divorce with minor children – plaintiff; Packet 3: divorce with no children – plaintiff; Packets 2 and 4 are the matching defendant/response versions). |
| Simplified option | Yes — if you and your spouse agree on all terms, the self-help Packet 3 (no children) or Packet 1 (with children) walks you through completing most of the paperwork yourselves, including a proposed Decree of Divorce. |
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Wyoming is an equitable distribution state, not a community property state. That means the court's job isn't to split marital assets 50/50 by default — it's to divide property in a way it considers fair, which can be unequal depending on each spouse's contributions, earning capacity, and the length of the marriage. Property owned before the marriage, or received individually as a gift or inheritance, is often treated differently than property acquired jointly during the marriage, but Wyoming courts have broad discretion here, so 'fair' in your case may not match what you'd expect from a strict split. Confirm how this applies to your specific assets with a local family law attorney.
Divorce cases are filed in the Wyoming District Court for the county where you or your spouse lives. Wyoming uses 'irreconcilable differences' as its no-fault ground for divorce, so you generally don't need to prove wrongdoing to file. One timing detail that catches people off guard: Wyoming law generally imposes a waiting period — commonly cited as 20 days — after filing or service before a divorce can be finalized, even in fully agreed cases. Courts generally treat this as a minimum, not a guarantee that a decree issues that quickly, so build it into your expectations rather than treating it as a hard deadline.
Start pulling together the paperwork now, before positions on either side harden. That typically includes recent tax returns, pay stubs, and W-2s or 1099s; statements for every bank, retirement, and investment account; mortgage and property tax records for any real estate; vehicle titles and loan statements; and a list of debts in either spouse's name. If you or your spouse owns a business, or if either of you brought significant separate property into the marriage, gather the records that trace where that property came from — this documentation is often what determines whether an asset is treated as separate or marital when equitable distribution is applied.
Keep copies of every letter, email, or notice you receive related to the divorce, starting from the very first one. In an equitable-distribution state where the court weighs contributions and circumstances, the paper trail of who proposed what, and when, can matter more than it would in a strict 50/50 jurisdiction.
Wyoming calculates child support using an income-share model set out in state statute, based primarily on both parents' incomes and the parenting arrangement. Courts decide custody and visitation based on the best interests of the child, and Wyoming law lists specific factors judges weigh — including each parent's willingness to support the child's relationship with the other parent. Detailed, concrete parenting plan proposals tend to fare better in negotiations and in court than general statements of intent.
Legal separation is available in Wyoming. It is a court proceeding, and in most respects it runs like a divorce: the court can settle support, parenting arrangements and, depending on the case, the division of property, and the resulting order binds both spouses.
What it does not do is end the marriage. People choose it for a range of reasons — health coverage, religious conviction, immigration status, or simply not being ready — and it leaves the door open to reconciling without starting over.
Two consequences follow. Neither spouse can remarry unless they later obtain a divorce, and modifying the order generally takes the court's approval rather than a private agreement between you. If you expect to divorce eventually, ask what converting the separation into a divorce involves here before you start.
Wyoming does not create common-law marriage. There is no number of years of living together that turns into a marriage here, and none of the divorce machinery on this page applies to a couple who never married — no property division, no spousal support, no residency requirement to satisfy, because there is nothing to dissolve.
What unmarried partners have instead are ordinary civil claims: whatever you agreed between yourselves, in writing or by clear conduct, and claims over property you actually hold jointly. These are argued like any other contract or property dispute rather than as family-law entitlements, and they turn on what can be proved.
One qualification runs the other way and matters. A common-law marriage validly formed in a state that does create them — Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised elsewhere. A couple who met that state's test while living there, and later moved here, are married, and separating means divorcing. Children are unaffected either way: custody and child support are decided on the same basis whether or not the parents married.
1) Assemble your financial documentation before you file or respond, so you're not scrambling once the 20-day clock starts. 2) Get at least one consultation with a Wyoming family law attorney, even if you plan to handle parts of the case yourself — equitable distribution outcomes vary enough by circumstance that general assumptions can mislead you. 3) List out separate versus marital property with the documents that support each classification. 4) Track every date mentioned in any letter or filing — response deadlines, hearing dates, the 20-day minimum — since Wyoming's process moves on statutory timing that doesn't pause for reconsideration. 5) If children are involved, sketch a realistic parenting schedule early rather than leaving it for the final weeks.
You or your spouse must have lived in Wyoming for at least 60 days before filing. If you have minor children and want Wyoming to decide custody, they typically need to have lived in the state for 6 months.
Download the packet that matches your situation from the Wyoming Judicial Branch site: Packet 1 (divorce with minor children, as plaintiff) or Packet 3 (divorce with no children, as plaintiff). Each includes instructions and a form checklist.
Fill out the Complaint for Divorce, Vital Statistics Form, Confidential Financial Affidavit, and Initial Disclosures. If you have children, you'll also need child support computation forms.
File your Complaint for Divorce (original plus copies) with the Clerk of District Court in the county where you or your spouse resides, and pay the filing fee — or file an affidavit requesting a fee waiver if you cannot afford it.
Your spouse (the defendant) must be formally served with the Summons and Complaint, either by a sheriff, process server, or by having them sign an Acknowledgement and Acceptance of Service. There is usually an additional fee for service.
Your spouse has a set time to file an Answer. If you agree on all terms — property, debts, and any custody/support arrangements — you can proceed on an uncontested basis using the simplified packet forms.
Both spouses generally must exchange Initial Disclosures and Confidential Financial Affidavits so the court has an accurate picture of income, assets, and debts before finalizing terms.
Wyoming requires at least 20 days between filing and the divorce being granted, though contested or complex cases take longer. Once terms are settled, submit the proposed Decree of Divorce for the judge's signature.
Once the judge signs the Decree of Divorce, the marriage is legally ended. Keep certified copies, as you'll need them to update your name, accounts, or insurance.
Not automatically. Wyoming is an equitable distribution state, meaning courts divide marital property in a way they find fair based on the circumstances, which can be unequal. Confirm how this applies to your assets with a local attorney.
Wyoming law generally requires a waiting period, commonly cited as 20 days, after filing or service before a divorce can be finalized, even when both spouses agree. Courts treat it as a minimum, not a promise of that exact timeline — check current requirements with your District Court.
Divorce cases are filed in the District Court for the county where you or your spouse resides. Residency and filing requirements can vary, so confirm specifics with your county's District Court or a local attorney.
A legal separation in Wyoming settles much of what a divorce settles — support, parenting and, depending on the case, property — and the order binds both spouses. The difference is that it does not end the marriage, so neither spouse can remarry without later obtaining a divorce. People use it for health coverage, religious reasons, immigration status, or because they are not ready to divorce. Changing the order generally requires the court's approval.
No. Wyoming does not create common-law marriage, and living together for any length of time gives neither partner property division nor spousal support. Unmarried partners rely instead on agreements between themselves and on claims over jointly held property, argued as ordinary civil matters. One important exception: a common-law marriage validly formed in a state that does create them — such as Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised here, so that couple would need a divorce. Custody and child support apply regardless of marriage.
If you are in immediate danger, call 911. There is no statewide crisis line here that we could verify, so use the national one: contact the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788 if a call is not safe. For a mental health crisis, call or text 988.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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