Wyoming Divorce Steps

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Wyoming is a state where the divorce laws are structured according to the requirements of residents. There are various provisions in the state laws that talks about the details of a divorce procedure. The basic condition of residency that is needed to be completed before filing for a divorce is approximately two months. That is a person should be a resident of the state for at least sixty days prior to the filing of divorce. The county courts in the state governs the actual procedure of divorce for their residents. An applicant has to file a divorce either in a county where he resides, or in a county where the partner resides. Generally, the Wyoming divorce steps consist of primary procedures and trials.

Wyoming Divorce Steps about Filing of documents:

  • The Plaintiff must complete the following documents:
    • Vital Statistics Form (excluding the Decree Section. This is filled by the court clerk when the divorce is finalized)
    • Complaint for Divorce
    • Summons in a Civil Action
  • The original copy of the above documents is to be filed with the court clerk
  • The Plaintiff must make 2 copies of the originals. 1 copy is for the Plaintiff while other is for the Defendant. This method of making two copies is applicable for all documents that would be filed in the court
  • The court clerk file-stamps all the documents. This serves as an evidence of the date of filing
  • The court clerk simultaneously assigns a case number that must be noted by the Plaintiff
  • The Plaintiff must disburse the filing fee at this stage. There is some option for the people with low income for having concession in the court fees. If it is not possible to pay the court fee then the Plaintiff must file the following:
    • Affidavit of Indigence
    • Request for Waiver of Filing Fees and all Fees Associated Therewith
    • Order on Request for Waiver of Filing Fees and all Fees Associated Therewith

Divorce Steps regarding Service of documents

It is the responsibility of the Plaintiff to serve the divorce documents within 90 days from the date of filing. One of the following methods may be used for service:

  • Acknowledgement and Acceptance of Service
  • Service by a Private Party
  • Service by Wyoming Sheriff
  • Service by Certified or Registered Mail
  • Service by Publication

If the Defendant was served in Wyoming by any method excluding publication, then, such a Defendant is granted 20 days from the date of service to file a Response in the clerk's office. The response is known as an answer. The respondent can refuse or agree to the terms of divorce in a response.

If the Defendant was served out of Wyoming or was served by publication method, then, such a Defendant is allocated 30 days from the service date to file a Response.

How the Response determines further Divorce Steps?

Possibility 1 Consider that the Defendant does not file a Response. This is categorized as a Default Divorce which comes under an uncontested type of divorce.

In such a case, the Plaintiff must complete and sign the following forms:

  • Application for Entry of Default
  • Affidavit of Plaintiff in Support of Default
  • Affidavit following Service by Publication (is service was by publication)
  • Decree of Divorce (with notarized signatures of both partners)
  • Entry of Default (this must be kept blank)
  • Certificate of Mailing
  • Affidavit for Divorce (when no hearing is essential)
  • 2 stamped and self addressed envelopes (one having address of Plaintiff and the other of Respondent)

Possibility 2

Consider that the Defendant files a Response and both the partners accede regarding all divorce issues.

The Plaintiff must file the following documents:

  • Decree of Divorce: This must be completed and signatures of both partners must be notarized
  • Certificate of Mailing
  • Affidavit for Divorce (when no hearing is essential)
  • 2 stamped and self addressed envelopes (one having address of Plaintiff and the other of Respondent)

A hearing might take place in which the Plaintiff must clarify the residence requirements, grounds of divorce and settlement reached.

Possibility 3

Consider that the Defendant files a Response as well as a Counterclaim:

  • The Plaintiff must file a reply to the counterclaim
  • This is followed by divorce steps like mediation and trial
  • After a trial, the divorce is finalized

It is to be noted that in a process of contested divorce, there are many added steps such as disclosure of the documents, proving the marital faults in the court and representing the case with sufficient evidences. In such cases, the decision of the court is an ultimatum and it comes into immediate effect after the final divorce order is issued. However, if any of the partners want to reopen the case, he or she may file the petition for relief in some specific time period.

In this manner, the requirements related to the Wyoming divorce steps are fulfilled.

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