Legal Separation in Wyoming

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There is no such thing as legal separation in Wyoming. Instead, the courts award a provision named “Judicial Separation” or “Marital Separation” for the couples who want to stay married but not together. The “Decree of Judicial Separation” is awarded by the statute of Wyoming and is legally enforceable. The process of filing the legal separation is similar to the process of filing for divorce.

Advantages of Legal Separation in Wyoming:

The legal separation has its advantages when it comes to the state of Wyoming. These advantages are as follows:

  • Insurance Coverage – An ideal option for couples nearing the retirement age, the legal separation facilitates the cover of insurance benefits including the insurance coverage for each other, home insurance, car insurance as well as the health insurance which is a necessity once a couple nears the old age and cannot lead an independent life without medical help.
  • Preservation of Marital Assets – The assets accumulated over the years of being married to each other such as a family home, a family car or real estate such as a farmhouse or a ranch can be kept in charge of both the partners as both of them are assumed to have contributed to the acquisition of these assets. Also, the couple can control the division of their property if they breach a mutual settlement agreement.
Disadvantages of Legal Separation in Wyoming:

There is probably only a single disadvantage of being legally separated in the state of Wyoming and that is the legally separated couple still remains legally married after the separation is granted and thus cannot remarry unless they get a divorce decree finalized.

Grounds for Legal Separation in Wyoming:

As the state of Wyoming is a no-fault divorce state, the couple has to testify only that they have “irreconcilable differences” and thus, want to go their separate ways and request the court to grant the decree of separation instead of a divorce decree.

The couples need not cite any reasons as the reason for filing for separation. The separation can be granted after the couple reaches a settlement regarding the marital issues, get it notarized and sign it themselves.

Separation Agreement in Wyoming:

A separation agreement in Wyoming is a written contract between the couple deciding upon the marital issues such as the custody of children, division of property including the real estate and the possessions, assets, debts, responsibilities and liabilities as well as spelling rights and settling issues such as payment of the support amount (both child and spousal)along with the details of custody and visitation schedule.

The residency requirement for filing for legal separation in the state of Wyoming is 60 days before the date of filing. The separation is granted in the form of the Decree of Judicial Separation and is enforceable by law. The couple are bound to follow the provisions of the settlement agreement which remains valid until either of the spouses decided to file for divorce or both of them reach to a conclusion that want to reconcile.

The separation may be subject to time limit or may be rendered perpetual by the court and thus it has to be formulated with the help of a professional attorney, notarized and signed by both the parties to make it legal and authorized.

A separation agreement considers the following topics:

  • Custody of Children or the Guardianship of the Minor Children – Usually the custody of the minor children is given to the mother regardless of her earning ability. Even if she is the dependent spouse, the father is ordered to pay the child support which covers the important factors such as food and education. The lifestyle given to children prior to the separation is also considered before determining the guardianship of these children. The non-custodial parent (usually the father) gets a visitation schedule, which he has to follow and also provide them with the support necessary for them to build a good life.
  • Division of Money, Property, Assets, Debts and Possessions – The money earned by both the spouses is divided according to the earning capacity of both the spouses. Splitting the property such as real estate, family owned house and other property that has been acquired during the marriage depends upon the custody and support agreement. The debts and responsibilities are divided according to the earning capacity of the spouses and the possessions such as clothing, jewelry, monetary rewards, salary and equipments remain with the spouse who owns them whether or not they have paid for them.
  • Support Payments for the Dependent Partner and Minor Children – The independent spouse is supposed to pay for day-to-day expenses of the dependent spouse as well as the children. The partner as well as the children are entitled to lead a lifestyle which was provided to them prior to the separation and to this end, the independent or supporting partner should facilitate the same. Besides, if the dependent spouse needs to complete a course necessary to earn a living, the supporting spouse is supposed to pay for that as well.
  • Other Conditions – The other conditions such as emergency healthcare expenses, extraordinary medical services, accident insurance payments, dentist as well as medical insurance coverage for the children are also to be considered as per the requirements of the children and the providing capacity of the parents.

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