Wyoming Divorce

In Wyoming, a divorce may be granted on the grounds of irreconcilable differences, or on fault-based grounds when either party has become incurably insane and the insane person has been confined in a mental hospital for at least two (2) years immediately preceding the commencement of the action for divorce.

In granting a divorce, the court shall make such disposition of the property of the parties as appears just and equitable, having regard for the respective merits of the parties and the condition in which they will be left by the divorce, the party through whom the property was acquired and the burdens imposed upon the property for the benefit of either party and children.

The court may order either party to pay reasonable alimony to the other party either for life or a specific sum paid in lump or installments. Wyoming does have temporary alimony orders even if there is no divorce pending. When the husband and wife are living separately, or when they are living together but one spouse does not support the other spouse or children within his/her means, then such an order could be granted.

Child custody in Wyoming shall be crafted to promote the best interests of the children, and may include any combination of joint, shared or sole custody. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors:

1. The quality of the relationship each child has with each parent;
2. The ability of each parent to provide adequate care for each child throughout each period of responsibility, including arranging for each child's care by others as needed;
3. The relative competency and fitness of each parent;
4. 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;
5. How the parents and each child can best maintain and strengthen a relationship with each other;
6. How the parents and each child interact and communicate with each other and how such interaction and communication may be improved;
7. 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;
8. Geographic distance between the parents' residences;
9. The current physical and mental ability of each parent to care for each child;
10. Any other factors the court deems necessary and relevant, such as evidence of spousal abuse or child abuse.

Wyoming uses standard formulas to determine the total child support obligation considering the combined income of both parents. The appropriate table is based upon the number of children for whom the parents share joint legal responsibility and for whom support is being sought. It is based on the number of children and the net monthly income of both parents.

A court may deviate from the presumptive child support amount established by the state's formula if it finds the amount to be unjust or inappropriate in that particular case. In determining whether to deviate from the presumptive child support established, the court shall consider the following factors:

1. The age of the child;
2. The cost of necessary child day care;
3. Any special health care and educational needs of the child;
4. The responsibility of either parent for the support of other children, whether court ordered or otherwise;
5. The value of services contributed by either parent;
6. 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;
7. The cost of transportation of the child to and from visitation;
8. The ability of either or both parents to furnish health, dental and vision insurance through employment benefits;
9. The amount of time the child spends with each parent;
10. Any other necessary expenses for the benefit of the child;
11. 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;
12. Whether or not either parent has violated any provision of the divorce decree, including visitation provisions, if deemed relevant by the court; and
13. Other factors deemed relevant by the court.