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Divorce Guide |
Wyoming No Fault DivorceAccording to Wyoming no fault divorce laws, one can file for divorce in the state of Wyoming based on the grounds of no fault. Here, a spouse needs to only mention in the court of law that the marriage has “irretrievably broken down” and that there is “incompatibility of temperament” or “irreconcilable differences” between the spouses. In this state, divorce is also granted on “fault grounds” where a spouse needs to prove that the other spouse has indulged in adultery or willful desertion or cruelty etc. One can hence, choose the ground for divorce. Many spouses wish to file a “no fault divorce” even if there is substantial “wrongdoing” on the part of the other spouse. This is to avoid the messy court battles that might ensue proving the allegations and also involve a lot of time and money. You may file “fault” grounds for divorce if you are likely to have an edge over the other spouse on matters of child custody or property division owing to the fault”. Your attorney would be the best guide on advising the right grounds for divorce. Residential requirements in Wyoming no fault divorce In order to obtain divorce in this state, the spouse filing for divorce must have been the resident for the last 60 days prior to filing of divorce. Property division in Wyoming no fault divorce Wyoming is an “equitable property division” state where the property is equitably and justifiably divided among the spouses after the divorce. “Marital property” or the property which the spouses had acquired during the course of the marriage is divided among the spouses. In very rare cases the “separate property” or the individual property which the spouses had acquired before the marriage or after the divorce petition has been filed, is also divided to support the financially weaker spouse. Judges may also look into the matter of “fault” or “wrongdoing” and attempt to give a larger share of property to the “innocent spouse”. But this condition is also very rare. Alimony in Wyoming no fault divorce Alimony or spousal support is extended to the spouse who is financially weaker than the other. While determining the amount of spousal support that should be provided, courts look into the age and health needs of the “weaker spouse”, lifestyle led by the spouse prior to the divorce, economic capacity of the spouse etc. Alimony may be rehabilitative, where the spousal support would be till that spouse becomes financially capable of earning well or temporary (for a fixed period of time) or even permanent (till that spouse remarries) Child custody in Wyoming no fault divorce According to WY no fault divorce laws, the matter of child custody would be determined by the courts if the disputes between the parents of the child persist regarding custody. In most of the o fault divorce cases, parents try to settle the matter of child custody “outside the court”. They may take the help of a custody mediator who would help them formulate a parenting plan and a visitation schedule. In case disputes persist, the courts would intervene and custody would be awarded on the basis of WY child custody guidelines. Also the judges keep in mind the safety, welfare and “best interests of the child”.
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