Wyoming Divorce Procedures

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The rate of divorce throughout the world has increased to a greater extent as compared to rates just ten years back. Major lifestyle changes have led to the increase of psychological and emotional problems between couples, thus making them uncomfortable to stay with each other. Spouses find divorce also known as 'Dissolution of marriage' in many states, as the only source of relief. Even if the issue remains to be quite controversial, all the nations in the world have formed rules pertaining to this. In USA, separate laws are formed for each state. Likewise, Wyoming procedures are formulated by the state laws which aim at eradicating all issues faced by the married couples so that they can choose their priorities according to their wishes.

In order to help you know the basics of divorce of Wyoming, we are providing some general information. In Wyoming, the divorce action is filed in the District Court. The individual who files the action is referred to as a Plaintiff. The individual who responds to the action is known as the Defendant.

Wyoming Divorce Procedure before Service

There are certain conditions which require the couple follow particular processes. Consider the following circumstances:

• Both the divorcing partners are agreeing with each other to take a divorce
• The divorcing couple does not have children

In the given scenario, certain forms must be filed by the Plaintiff which are mentioned below:

• DNCP 26 (A Decree of Divorce): This document is used for granting the divorce and comprises of the terms and conditions of the distribution of liabilities and assets of the marital estate
• DNCP 24 (An Affidavit for Divorce without Appearance of the Parties): This document requests the court that in the absence of a hearing, a divorce may be granted
• DNCP 6 (A Summons in Civil Action): This form is used to convey the Defendant his or rights in the action
• DNCP 5 (A Complaint for Divorce): This is a Petition to the court to grant the divorce
• DNCP 4 (A Vital Statistics Form): This is used for recording the divorce in the state records. The Decree section is left empty till the Judge signs the Decree)

The Plaintiff is supposed to file the above mentioned forms with the clerk in the District Court. From the filing date, the Plaintiff has 90 days to serve these papers to the Respondent. There is a provision as per which the Defendant may be served by the Plaintiff personally. However, for a personal service, the Defendant must sign an Acknowledgement and Acceptance of Service (DNCP 7) in the presence of a Notary. This document must be filed with the clerk. If this path is followed, the Plaintiff must wait for twenty days after the service date of the Complaint to present the Decree of Divorce to the court.

Wyoming Divorce Procedure about Service

Apart from personal service by the Plaintiff, there are 4 other methods of service.

• Service by Certified or Registered Mail: The Plaintiff initially files an Affidavit to allow Service by Registered or Certified Mail (DNCP 10) with the court clerk. Then, the court clerk is permitted to mail the documents by certified or registered mail.

• Service by a Private Party: Any competent adult, who is not a divorce party, hands over the documents to the Defendant personally. A Return of Service has to be filed by this private party to the clerk.

• Service by a Wyoming Sheriff: The Sheriff of the county in which the Defendant resides performs the service by demanding a fee for it. After completion of this Service, the Sheriff is supposed to file a Return of Service with the court clerk. This is a certificate which says that the Defendant has been properly served.

• Service by Publication: This is employed in the following circumstances
  • Defendant is hidden to avoid service of the process
  • Defendant's residences cannot be confirmed
  • Defendant is not a resident of this state

This service begins by the Plaintiff filing an Affidavit to allow Service by Publication (DNCP 10). This Affidavit comprises of the details of the sincere efforts to locate the Defendant. The notice must be published in a newspaper once a week for a period of four consecutive weeks. After the last date of publication, when 30 days have passed, the Plaintiff is supposed to file DNCP 11 (An Affidavit following Service by Publication). This process certifies that the notice appeared in the newspaper.

It is very obvious that when the causes of divorce vary, the divorce procedures will also vary. The same is true about Wyoming divorce procedures. Understand your case with the help of an efficient advocate and then make preparations for the legal processes that you have to follow.

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