Divorce Residency Rules in Wyoming

Before a Wyoming court can grant a divorce, it needs to know that the case belongs in Wyoming. Residency is the first test. If neither spouse meets the rule, the court may not be able to hear the case, and you may lose time and filing costs.

This guide explains Wyoming's residency rule as described in the Wyoming Judicial Branch's own divorce instructions, where the case is filed, and what else to think about before you start. It is general information, not advice about your situation.

The 60-day residency rule

The Wyoming Judicial Branch publishes divorce packets on its self-help forms page. The plaintiff's information and instructions for a divorce say that you or your spouse must have lived in Wyoming for at least 60 days immediately before filing.

Only one spouse needs to meet this rule. If you moved to Wyoming recently but your spouse has lived here for longer, the requirement may still be satisfied.

The married-in-Wyoming option

The same instructions describe what you must tell the judge at the final hearing. You need to show one of two things:

• Either you or your spouse lived in Wyoming for at least 60 days before you filed, or
• You and your spouse were married in Wyoming, and at least one of you has lived in Wyoming since the date of the marriage.

The second option can matter for couples who married in Wyoming and stayed. Ask a lawyer how it applies if your history is not simple, such as time spent working out of state.

Where to file

According to the court's instructions, you file your divorce case with the Clerk of District Court's office in the county where either you or your spouse lives. That office is usually in the county courthouse or a branch of it. The Wyoming Judicial Branch keeps a list of court locations on its website.

Wyoming is a large state with long distances between some county seats. If you and your spouse live in different counties, you may have a choice. Think about travel for hearings, where the children live, and where witnesses and records are.

After filing: service and response time

Filing is only the start. Your spouse must be formally served with the papers. The court's instructions say that a sheriff in the county where the defendant lives often serves them, and they explain other options.

Once served, the defendant has a set time to respond. According to the instructions, it is 20 days if they were served in Wyoming and 30 days if served out of state. You must wait for that time to pass before moving forward, even if your spouse says they will not respond. The instructions then describe the next steps, such as asking for a default or setting a hearing.

Children and property

Residency lets a Wyoming court hear the divorce. Custody and property questions can involve other rules. Custody, for example, often depends on where the children have lived recently, under laws that most states share. Property in other states can also raise questions about what a Wyoming court can divide.

The Wyoming Judicial Branch has separate packets for divorce with children and without children, because the cases involve different forms. If your children recently moved to or from Wyoming, or you own property elsewhere, talk to a lawyer before you file.

Court staff cannot give legal advice

The court's instructions are clear that court employees, including staff in the Clerk of District Court's office, cannot give legal advice. You are responsible for choosing the right forms and moving the case forward.

The self-help page also mentions Court Navigators who can help with certain forms in some counties, and it points to Equal Justice Wyoming for people who need additional assistance.

When a lawyer can help

Some couples with no children and little property finish a divorce using the court forms. A lawyer may be worth consulting when:

• You are not sure either spouse meets the residency rule
• You have children, especially if they recently moved
• You own a home, land, a business, or retirement accounts
• Your spouse lives out of state or cannot be found
• There are safety concerns or a protection order

You can browse lawyers in Wyoming and read about the family law practice area. The Wyoming Judicial Branch's find a lawyer page lists resources for finding legal help. Check that any lawyer you hire is licensed in Wyoming.

Questions to ask a family lawyer

• Do I or my spouse meet Wyoming's residency rule?
• Which county should I file in, and why?
• Can a Wyoming court decide custody for my children?
• How will property in another state be handled?
• What happens if my spouse does not respond?
• How do you charge, and what costs are separate?

Frequently asked questions

How long do I have to live in Wyoming to file for divorce?

According to the Wyoming Judicial Branch's instructions, you or your spouse must have lived in Wyoming for at least 60 days immediately before filing. Another option applies if you married in Wyoming and one of you has lived here since.

Do both spouses need to live in Wyoming?

No. The instructions say "you or your spouse," so one spouse can meet the requirement.

Where do I file?

With the Clerk of District Court in the county where either you or your spouse lives.

How long does my spouse have to respond?

The court's instructions say 20 days if served in Wyoming and 30 days if served out of state.

General information, not legal advice. Laws change and every case is different — talk to a licensed Wyoming attorney about your situation.