Guide to Wyoming Divorce Records

Divorce laws across the U.S. are established on an individual state basis; therefore, divorce filing requirements and procedures, as well as the process for obtaining divorce documents, may differ significantly from those of another state. While each state has its own divorce process, they generally follow a similar legal framework.

The first step in filing for divorce is for one spouse to file an original complaint with the District Court in the county where either spouse resides. All family-related issues, including child custody, child support, alimony or spousal support, and divorce, are handled by the District Courts; therefore, all divorce cases begin and end in the District Courts once jurisdiction is established.

Once filed, the complaint initiates a legal proceeding. This proceeding involves multiple steps during which the court produces several types of documents, including the original complaint, summons, motions, and financial disclosure information. Collectively, these documents constitute the official public record of a divorce proceeding involving two divorcing parties.

A typical Wyoming divorce record includes the following information

• The names of both parties to the divorce

• The county where the divorce complaint was filed

• Name of the District Court that heard the divorce case

• Court case number

• Type of judgment

• Detailed judgments made by the court concerning custody of children, property distribution, spousal support, and child support

• Date of finalization or grant of the divorce

Wyoming does not have a state-wide database for obtaining copies of all divorce records. Typically, you will need to contact the District Court in the county where your divorce was filed to receive an original copy of the document. More recent documents may also be found online, while older documents are generally stored in paper form at local county archives.

Where are Wyoming Divorce Records Stored?

At the county level, divorce records are maintained by the Clerk of the District Court in the county where the divorce was filed. The District Court oversees all family law matters and retains the complete case file for each matter from the start of a divorce case until the divorce decree is issued. Typical filings at the Clerk of the District Court's Office include the initial complaint, responses, motions, financial disclosures, and orders entered by the court.

The Wyoming Department of Health, Vital Records Services, maintains a state-level index of divorce filings. They provide copies of divorce certificates or verify that a divorce was granted. State divorce records are less detailed than those maintained by the District Court and are primarily used for identification or verification purposes, rather than for specific case details.

Is Wyoming a 50/50 Divorce State?

Wyoming is not a 50/50 divorce state. Rather, Wyoming uses an equitable distribution process. Under this system, when a couple divorces, a judge will determine how to divide their marital property based on what is fair, not necessarily equally. While in some instances a judge's decision may appear to be a 50/50 division of marital property, this is not always the case. In many situations, a judge may award a larger portion of the marital property to one spouse based on the unique circumstances of the couple's situation.

The equitable distribution approach differs from the community property approach used in several U.S. states, including California and Texas. Under community property, all marital assets are generally divided equally between parties on dissolution.

The statutory basis for equitable distribution authority is provided in Wyoming Statutes on Domestic Relations, specifically Section 20-2-114, which requires the court to make a just and equitable division of the parties' marital estate. The courts in Wyoming consider various factors when dividing a couple's assets and debts. These include:

• The Length of the Marriage: Generally, longer marriages result in an equal distribution of the couple's marital assets because they have had greater opportunities to acquire joint assets and assume joint responsibility for their expenses.

• Contributions of Each Spouse: While courts do consider income, they also consider non-monetary contributions, such as homemaking and child care, made by either party.

• Income and Earning Capacity: The court may decide to award one spouse a larger share of marital assets than the other based on each spouse's income and earning capacity, so that each can continue to support themselves after the divorce.

• Marital Property and Separate Property Consideration: Assets accumulated during the course of the marriage are marital, whereas assets obtained before the marriage or through inheritance or gifts may be viewed differently. In determining what is equitable, the courts consider only marital property.

• Fault Consideration: Whether either party was at fault in causing the breakdown of the marriage, such as through financial mismanagement. Although Wyoming permits no-fault divorces, the court may consider whether financial mismanagement or waste of marital assets in deciding the equitable division of marital assets.

Types of Wyoming Divorce Records

Wyoming has multiple types of divorce records that can be used for different purposes based on your needs. Some divorce documents provide evidence that a divorce occurred, while others detail the complete legal process (court actions) and all the court's rulings and orders.

For example, if you want to get an official copy of your divorce for administrative purposes, such as updating your birth certificate with a new last name or remarriage, then you'll only need a divorce certificate. However, when spouses want to determine or enforce the terms of their divorce, they may require a divorce decree.

Wyoming Divorce Certificate (Certificate of Divorce)

A divorce certificate is a simple, short, formal report provided by the Wyoming Department of Health. The divorce certificate provides only basic information about the divorce, including the names of both parties, the exact date the divorce was finalized, and the jurisdiction in which it was finalized.

A divorce certificate can be used for identification purposes, to obtain marriage license approval, or for some other administrative reason where the full details from the case file are not necessary. However, an official divorce certificate is not a replacement for the original court decree (judgment), nor will it contain the specifics of the agreement reached during the divorce.

Divorce Decree (Final Judgment of Divorce)

A divorce decree provides the most comprehensive and legally binding documentation regarding a divorce in Wyoming. A divorce decree is issued by the District Court once the divorce case has concluded and represents the court's final judgment.

A divorce decree will include the court's ruling on:

• Division of Property and Debt: Describes the process used to divide all marital assets and liabilities fairly among the spouses.

• Custody and Support of Children: Establishes custody arrangements, visitation rights, and financial support responsibilities for any minor children who were involved in the dissolution of marriage.

• Spousal Maintenance: Determines whether one spouse must pay spousal maintenance to the other spouse. It also establishes the amount of spousal maintenance awarded and the duration for which it must be paid.

• Date of Final Judgment: Establishes the official date the divorce became effective, terminating the marriage.

How to File for Divorce in Wyoming (Step-by-Step)

To file for divorce in Wyoming, at least one of the spouses must satisfy the Wyoming residency requirements for the courts to have jurisdiction over the case. According to Wyoming Statute § 20-2-107, one of the spouses must have lived in Wyoming for at least 60 days before filing the Complaint for Divorce. The statute grants the Wyoming courts jurisdiction to consider, hear, and decide the divorce case.

After fulfilling the residency requirements, most divorce processes in Wyoming fall into two main paths: uncontested or contested, depending on whether the spouses can reach an agreement on key issues.

• Uncontested Divorces: In an uncontested divorce, both spouses agree on how to divide the marital property and debts, and on how to handle matters such as child custody or visitation and child support or spousal support, if applicable. Since both parties have reached an agreement themselves, the court essentially acts as a rubber stamp to ensure the terms of their agreement comply with state law.

  Due to reduced court involvement, an uncontested divorce tends to result in lower attorney fees and is typically faster than a contested divorce. In addition, both spouses will have greater control over the ultimate decision regarding what happens to their assets and minor children because they make the agreements themselves.

• Contested Divorces: This occurs when spouses cannot agree on at least one key element of the dissolution of marriage. The most common areas of disagreement include child care arrangements, spousal support, and the division of marital property.

  Contested cases generally require more time than uncontested cases, due to increased legal activity, including the exchange of financial information, negotiation, attendance at hearings, and, in many cases, a full trial. Ultimately, in a contested case, each spouse loses some degree of control over the final decision-making regarding their marriage. Once a judge makes a final determination on the key issues, the court's order is binding on both parties.

Step-by-Step Divorce Process

Generally, the steps to file for divorce may vary slightly across Wyoming counties, but will typically follow the process outlined below.

Prepare the Filing Packet

Before you can file for a divorce in Wyoming, the first step is to prepare a complete filing packet with all the required forms and supporting documents.

• Identify the Divorce Path (1A vs. 1B): You will need to determine whether your case will proceed as an uncontested divorce or a contested divorce.

• Typical Documents: The documents included in a Wyoming divorce filing packet include:

  • Complaint for Divorce: This is the primary document that starts the divorce process.

  • Summons: A formal notification issued by the court to inform the opposing spouse that you have initiated a divorce action against them and will need to file an answer or defense within the statutory timeframe.

  • Confidential Financial Affidavit: In this affidavit, both spouses will disclose their income, expenses, assets, and debt information to assist the judge in making equitable financial determinations.

  • Confidential Information Sheet: This sheet contains confidential, identifiable information such as a Social Security number.

  • Vital Statistics Form: The state uses this form to compile the most general divorce-related information regarding the parties involved and place it into permanent public records.

  • Proposed Divorce Decree: The Proposed Decree is essentially a proposed “final” decree setting out what the divorcing parties would agree upon with respect to such items as property, children, and spousal support.

  • Additional documents that may be requested when filing for divorce in Wyoming include a Parenting Plan, a Custody and Child Support Modification, and Service by Process forms. You can find the divorce filing packet on the Wyoming Courts Self-Help - Family Law Forms webpage.

  • You will likely have to attach some additional documentation supporting the information contained on your divorce papers, such as proof of marriage, an inventory of all marital assets and debts, current pay stubs, and income records. Also include any prior agreements regarding the division of marital property or child custody.

• Filing Fees and Fee Waivers (Indigency): The filing fee for a divorce action in Wyoming is approximately $160 per case, depending on the county in which the action is filed. The filing fee must be paid to the Clerk of the District Court at the time the divorce action is filed.

If you are unable to pay the filing fee for this divorce action, you can request that the filing fee be waived. To do so, you would need to submit an Affidavit of Indigency and Request for Waiver of Fees and Costs form, which will require you to provide financial information to the court. Once your application has been reviewed by the court, if it grants you approval, you will be able to file the divorce action without paying the filing fees before filing.

File the Case

The first step after completing all required documents for divorce in Wyoming is to formally submit your case to the court system.

• Where to File: In Wyoming, as in most states, divorces are typically filed with the District Court of the county where one or both spouses reside. This is because District Courts have jurisdiction over all family law matters, including divorce, child custody, and child and spousal support.

• Filing Methods: You can choose from the above options to file your divorce papers based on what you prefer and how much time you have:

  • In-Person: Submit your divorce paperwork directly to a District Court Clerk's Office in the county where either spouse resides. This filing method is the most commonly used way residents file for divorce.

  • By Mail: Send the divorce paperwork via mail to the District Court Clerk's Office. This filing method generally takes longer for the court to process your paperwork than other methods.

  • Electronically filing (eFiling): Some county courts in Wyoming offer e-filing programs that allow parties to file their paperwork electronically through their approved digital filing system.

• What You Receive: Whether you choose to file your divorce by mail, in person, or electronically, you will receive the following:

  • A case number: Once you file for divorce, you will be assigned a case number, which allows you to track the status of your divorce from start to finish.

  • Summons (only contested cases). In contested divorces, once you file with the court, the clerk's office will issue a summons, serving as formal notice to the other spouse that an action for dissolution has been initiated against them.

  • Initial court notices. After you have filed, you will receive scheduling notices and the deadline for submitting information.

Service of Process (Primarily for Contested Cases)

Once you have filed your divorce paperwork in Wyoming, the next action, especially in a contested divorce, is to serve formal notice on the other party. This is known as Service of Process. This will ensure that all parties involved are informed of the case and allow them the opportunity to file their response to the court. Service of Process may be done in one of the following ways:

• The County Sheriff

• A private professional process server

• Certified mail

Once you have served your spouse with the divorce documents, proof of service that the spouse was properly notified must be filed with the court. If you do not file proof of service with the court, the court cannot proceed with the case.

Wyoming provides several options to locate an absent spouse. If you cannot locate your spouse through reasonable search methods, the courts will consider alternative methods for the serving process. Examples of these alternatives would include publishing notice of the divorce proceeding in a local newspaper. Typically, the court requires evidence of a good-faith effort to locate the missing spouse before approving publication as an alternate method of service.

Early Case Phase and Temporary Orders

Early in the divorce process in Wyoming, the court's focus will be on establishing stability for all parties until the case is completed. The judge may order temporary orders to resolve emergency issues, such as where the parties will reside, financial arrangements, and who will provide childcare for the children. Temporary orders are not final decisions and are intended to minimize uncertainty situations and disputes among the parties.

Additionally, one of the guiding principles in handling temporary orders is to maintain the “status quo” whenever possible. This generally means that the court seeks to maintain existing arrangements, such as where the children reside, which schools they attend, or how finances are managed by each party, unless doing so would be detrimental.

The judge may issue the following temporary orders:

• Temporary Custody and Visitation Arrangements: The court establishes an interim living arrangement for the children and an interim parenting plan that specifies who has physical possession of the children and when.

• Temporary Child Support or Spousal Support: Either a temporary order for child support or spousal maintenance/support can be entered to ensure that neither party nor the children suffer from a lack of financial support during the divorce process.

• Exclusive Use of the Marital Home: One party may have exclusive use of the family home until the final decision on property division is made.

• Restraining or Protective Orders: If the court determines that either party poses a threat of harm or harassment to the other, it may enter an order limiting contact between them.

Financial Disclosures and Discovery

In Wyoming, both spouses in a divorce proceeding have a duty to disclose all their finances to the court. Full and accurate disclosure is needed for the court to fairly divide marital property, set child and spousal support at appropriate amounts, and equitably divide the marital estate. If either spouse does not comply with this requirement, the court will be unable to determine what is equitable.

• Mandatory Disclosure: Both parties are obligated to complete and file accurate mandatory financial disclosures with the court. This information includes each spouse's income, living expenses, both parties' assets, and all debt obligations. The goal here is for the court to gain a clear picture of what each spouse brings to the table financially before making final decisions on how marital property should be divided or whether spousal support will be awarded.

  • Discovery Tools: If a divorce in Wyoming is contested or there is disagreement on one or more major issues, such as property division, either side may use discovery tools to obtain additional information. The goal of this process is for both sides to gain a better understanding of each other's financial situation so that the court has all the necessary information to make a well-informed decision regarding the divorce.

  • Document Requests: One party can formally request that the other party turn over any of their records, including financial statements, contracts, or bank records

  • Written Interrogatories: Written questions that must be answered by the responding party under oath.

  • Subpoenas: Legal documents that require a third party, such as banks, pension administrators, or employers, to turn over certain financial documents or records useful to the divorce case.

  • Depositions: A formal process whereby a party or witness is asked questions under oath, and their responses are transcribed into a written record for future reference during litigation.

Case Management and Court Conferences

During a divorce case in Wyoming, the court may hold conferences to monitor progress, identify and resolve problems, and assist in finding a solution.

The Case Management Conference generally occurs early in the divorce proceedings. During this meeting, the judge will check in on the case status, confirm both parties' compliance with all obligations, such as financial disclosures, and establish timetables for the next steps. The court may also attempt to assist the parties in resolving their disputes to prevent the divorce from proceeding to trial.

The Pre-Trial Conference occurs after a Case Management Conference. It typically takes place before the case proceeds to trial. At this time, the judge reviews any outstanding issues, discusses potential settlements, and prepares both parties for what to expect should the case proceed to trial.

At this stage, judges expect the following:

• The parties have provided all necessary financial information in their respective disclosure packages.

• All discovery has been completed.

• All remaining issues in dispute have been clearly identified.

• Good faith attempts to resolve the case without a trial have been made.

• Each party has complied with all court-imposed deadlines and other procedures.

• Both parties will be ready for trial, prepared to present witnesses and supporting documentation.

Settlement or Trial

Settlement and trial are two distinct avenues for resolving Wyoming divorce cases. In most situations, courts and attorneys first encourage settlement, since it allows both spouses to agree on the key terms of the divorce and formalize those terms in a written agreement approved by the court. If you are exploring settlement as a way to resolve your case, you may consider the following options:

• Direct negotiation, where the spouses communicate with one another

• Mediation where an impartial third party assists and guides the communications between both spouses.

• Attorney-led discussions on behalf of the spouses to arrive at a settlement agreement.

If spouses are unable to resolve their differences, the case will proceed to trial. At this point, a judge will make all the final decisions. The trial is more formalized and structured than mediation or arbitration. At the trial, each side has an opportunity to make an oral argument before the court. You can expect the following at trial:

• Each party will present documentation, financial statements, and other evidence, along with witness testimony, to support its position on the disputed matters.

• Both parties can also submit proposed findings and judgments. However, the final determination shall be made solely on the merits of the evidence presented.

• The judge rules on all pending issues, distributes assets equitably, creating the divorce decree.

Judgment, Waiting Periods, and Finalization

Wyoming statute does not provide for a statutory waiting period before a judge can enter a final divorce decree. Therefore, there is no specific number of days or months that must elapse before the divorce may be finalized.

In addition to imposing no statutory waiting period, the Wyoming statute does not prohibit either party from remarrying after the divorce has been finalized. Once the court issues the final divorce decree, the marital relationship is terminated immediately, and both spouses are free to remarry as soon as they wish.

Child Custody and Child Support in Wyoming Divorces

Child custody determinations in Wyoming are based on “the best interest of the child.” Pursuant to Wyoming Statute § 20-2-201, when considering what is best for the child, the court looks at which type of arrangement will support the most optimal development and emotional well-being for the child. In making this determination, judges consider several factors as follows:

• The relationship that each child has with each parent.

• Each parent's capability to meet the needs of each child

• The competency and fitness of each parent.

• Each parent's willingness to assume responsibility for the upbringing of the children

• Each parent's ability and willingness to allow the other to provide care for the children

• Either parent's physical or mental capabilities to properly care for the children

Legal Custody vs. Physical Custody

Child custody in Wyoming is generally divided into two categories: Legal and physical custody.

• Legal Custody: Legal custody concerns a parent's rights to make decisions about a child's life. Parents who have been granted joint legal custody are expected to work as a team when making major decisions about their child, such as education, healthcare, religion, and other matters that can affect a child's well-being. If only one parent receives sole legal custody, that parent can unilaterally make decisions concerning their child.

• Physical Custody: On the contrary, physical custody concerns a child's residence and the arrangement of the child's daily care. The parent with physical custody will generally provide for all the child's daily needs and oversee the child's daily activities. Joint physical custody exists when both parties have an established, agreed-upon schedule for how much time each will spend with their child. Sole physical custody exists when a child resides primarily with one parent, who typically retains visitation rights with the other parent.

Child Support Guidelines and Enforcement

Child support in Wyoming is determined by statutory guidelines. These guidelines are designed to provide consistency and fairness regarding financial contributions from both parents. Per Wyoming Statute § 20-2-304, the court will calculate child support based on several factors, including:

• Income levels of both parents

• Health insurance costs

• Number of children involved in the support action

• Amount of time each child spends with each parent

• Child-related expenses.

Once an order for child support is entered, those payments become legally enforceable by the court, and if the obligor (the paying party) does not meet his/her obligations, there are many ways enforcement can occur. Some common ways to enforce child support orders include:

• Wage garnishment

• Tax refund intercepts

• Suspend your driver's license or professional license

• Imposition of a fine or jail sentence

Property, Debt, and Alimony in Wyoming Divorces

Divorce courts in Wyoming must make decisions regarding the division of marital estates (property) and liabilities (debts), and determine if there should be spousal support.

Wyoming uses an equitable distribution method, meaning that property acquired during the marriage (marital property) is divided fairly, as determined by the court, rather than equally.

• Any property that was obtained during the marriage, such as assets and income, for example, houses, cars, retirement accounts, and/or joint savings accounts, is considered marital property.

• On the other hand, separate property consists of assets acquired before the marriage or received as a gift or inheritance. However, the court can consider how you used your separate property during the marriage when determining what is “fair” overall. Separate property that is commingled with marital property is subject to equitable division.

Debts in divorce are handled just like assets and are split fairly. That means mortgages, credit card accounts, student loan balances, and personal loans, acquired by either spouse during the marriage, will be considered by the judge when determining which spouse gets what portion of their marital property.

When making decisions about who gets which portion of the couple's debt, the court considers the following:

• The purpose of the debt

• The spouse's ability to repay the debt

• Which spouse incurred the debt

• Whether each spouse benefited financially from acquiring the debt

• How marital property is shared between the spouses

In Wyoming, there are no automatic awards of spousal support (also known as alimony), but the court may order one if it determines that such an award is warranted. According to Wyoming Statute § 20-2-114, courts have broad discretion regarding whether an award of spousal support should be made and in what amount. The most common forms of spousal support in Wyoming include:

• Temporary spousal support is provided while a divorce is pending

• Rehabilitative spousal support is intended to assist one spouse with becoming economically self-sufficient

• Long-term spousal support is granted based on the length of the marriage, the respective earning capacities of each spouse, and other factors related to each spouse's economic needs post-divorce.

Errors, Omissions, and Corrections in Wyoming Divorce Records

Even though a Wyoming divorce has been officially completed, errors in official records can occur. Examples of common errors in Wyoming divorce documents include misspellings of names, incorrect dates, incorrect case numbers, and missing or omitted data regarding individuals involved in the divorce proceedings.

If you find an error in your official court file or divorce decree, you can file a petition for correction of errors with the District Court where your original divorce case was heard. The judge will consider your request and possibly enter an order to correct your error. Packets for modification are available through the Clerk of the District Court where the divorce was finalized.

Also, all errors on your divorce certificate are typically corrected at the Clerk of the District Court Office where your divorce case was filed. Usually, you will complete an application form and include supporting documents to verify the information. The court will issue an order correcting the document, and the Wyoming Department of Health will update its records to reflect the changes.

After a correction has been made, you can request and receive certified copies of your updated divorce record as follows:

• Divorce certificates from the Wyoming Department of Health

• Divorce decrees from the District Court Clerk's Office in the county where the divorce was finalized.

How to Access Wyoming Divorce Records

The type of Wyoming divorce record you need determines where you can obtain it. Generally, you can access divorce certificates and decrees through any of the following methods:

Online Access

• Divorce Certificate: The Wyoming Vital Statistics Services (VSS) Portal is available to Wyoming residents who want to access their divorce certificate online.

• Divorce Decree: It is very rare for divorce decrees to be available online for free. Most divorces must be filed with the court, and there is usually a filing fee.

In-Person Access

• Divorce Certificate: If people go to the Wyoming Vital Records Office, they should be able to get their certificate the same day. To do this, people will need to fill out the Application to Obtain a Certified Copy of a Vital Record. Individuals will also need to show proper identification to receive their certificate.

• Divorce Decree: To get a certified copy of the divorce decree from the District Court Clerk's office, people will need to visit the clerk's office in the county where the divorce was finalized. Individuals may be required to pay a nominal fee for the services provided and present valid identification.

By Mail

• Divorce Certificate: Fill out the application for a certified copy of a vital record. Send the completed application along with a check or money order for payment of the required amount. Mail the application to the Wyoming Vital Records Office located at:

  Wyoming Department of Health - Vital Statistics

  6101 Yellowstone Road,

  Cheyenne, WY 82002

• Divorce Decree: Contact the District Court Clerk's office in the county in which you filed. You will most likely need to send a letter with all relevant information to locate the record. Mail the request with a self-addressed stamped envelope, the fees, and a copy of a valid ID.

Wyoming Courthouses That Handle Divorces

When filing for a divorce or obtaining a copy of a final decree, it is important to know which court to contact and where to obtain your divorce records.

Court Authority for Wyoming Divorce Cases

All divorce proceedings in Wyoming are processed through the District Courts. Each District Court can process divorce cases, provide equitable distribution of marital assets, establish custodial arrangements for children, and make decisions regarding other family-law matters.

A divorce will be considered legally binding in Wyoming only after the divorce proceedings have been finalized in a District Court and a District Court judge signs the final judgment of divorce.

County-Based Filing

When a party files a divorce petition, it must be done in the District Court in the county where the party filing the petition resides, or where the responding spouse resides. Additionally, each County's District Court Clerk will maintain an official record of the case.

Although divorce petitions are filed with the County District Court Clerks, divorce certificates are issued by the Wyoming Department of Health. Below are examples of locations to obtain copies of final divorce decrees for some popular counties in Wyoming:

• Laramie County - Laramie County District Court

• Natrona County - Natrona County District Court

• Campbell County - Campbell County District Court

• Albany County - Albany County District Court

Jurisdiction Basics

To file a divorce action in a Wyoming District Court, two requirements must be met.

• First, the Wyoming District Court must have personal jurisdiction over both spouses.

• Second, the Wyoming District Court must also have subject matter jurisdiction over divorce actions.

Subject matter jurisdiction exists when the Wyoming District Court has the authority to hear and decide divorce matters. Personal jurisdiction is created when one spouse meets the Wyoming residency requirement.

Examples of Wyoming District Courts

• Laramie County District Court (1st Judicial District of Wyoming)

• Natrona County District Court (7th Judicial District of Wyoming)

• Campbell County District Court (6th Judicial District of Wyoming)

• Fremont County District Court (3rd Judicial District of Wyoming)

Role of the District Court Clerk

The District Court Clerks in Wyoming are responsible for performing the following major functions:

• Maintain all divorce court records (including Decrees),

• Provide a certified copy of each divorce document on request.

• Guide the public through the divorce filing process and provide the necessary forms.

• Charge fees for the maintenance of records and the filing of new divorce cases.

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