Legal

Wyoming Uncontested vs Contested Divorce

8 min read
Wyoming landscape representing new beginnings in divorce journey

Wyoming offers one of the fastest paths to divorce in the nation, with only a 60-day residency requirement and 20-day waiting period after service. As a no-fault state, you need only cite "irreconcilable differences" to end your marriage. An uncontested divorce can cost as little as $70-$5,000 and finalize in about 6 weeks, while contested cases typically run $20,000-$30,000 and take 6-18 months through Wyoming's District Court system. Making the right choice about litigation versus mediation is critical.

Understanding Wyoming Divorce Requirements

Wyoming has some of the most accessible divorce requirements in the country. Under W.S. § 20-2-104, either spouse must have lived in Wyoming for at least 60 days before filing. If you were married in Wyoming, one spouse must have resided there since the wedding.

Wyoming is a pure no-fault divorce state. The only grounds for divorce are "irreconcilable differences" or incurable insanity. You don't need to prove wrongdoing—simply stating that you and your spouse cannot resolve your differences is sufficient.

Uncontested Divorce in Wyoming

An uncontested divorce occurs when both spouses agree on all major issues: property division, debt allocation, spousal support, and if applicable, child custody and support. Wyoming's Wyoming Judicial Branch provides self-help form packets designed specifically for couples who agree on their divorce terms.

Self-Help Form Packets

The Wyoming courts offer several divorce packets:

  • Packet 1: Divorce with Children - Plaintiff
  • Packet 2: Divorce with Children - Defendant
  • Packet 3: Divorce without Children - Plaintiff
  • Packet 4: Divorce without Children - Defendant

Uncontested Divorce Costs and Timeline

  • Filing fee: $70-$120 (varies by county)
  • Self-help packet: $10 (if purchased in person)
  • 20-day mandatory waiting period after service
  • Timeline: 6 weeks typical for uncontested cases

Contested Divorce: When Agreement Isn't Possible

When spouses cannot agree on all issues, the divorce becomes contested. One spouse files a complaint, and the other has 20 days to respond if served in Wyoming (30 days if served out of state). Contested cases proceed through discovery, potential mediation, and if necessary, trial before a District Court judge.

Common Contested Issues

  • Property division: Wyoming uses equitable distribution—marital property is divided fairly based on multiple factors
  • Spousal support: Based on need, ability to pay, and marriage duration
  • Child custody: Courts prioritize the child's best interests
  • Child support: Calculated using Wyoming's statutory guidelines

Contested Divorce Costs and Timeline

  • Filing fee: $70-$120
  • Attorney fees: $150-$360 per hour (Wyoming average)
  • Total attorney fees: $15,000-$25,000+ depending on complexity
  • Timeline: 6-18 months typical for contested cases

Wyoming Divorce Cost Comparison

FactorUncontestedContested
Filing Fee$70-$120$70-$120
Attorney Fees$0-$4,500$15,000-$25,000+
Timeline~6 weeks6-18 months
Total Cost Range$70-$5,000$20,000-$30,000+

Estimate Your Wyoming Divorce Costs

Use our calculator to estimate potential costs based on your situation:

Divorce Cost Calculator

Get a personalized estimate of your potential divorce costs based on your situation and location

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Cost Breakdown

Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.

Special Requirements When Children Are Involved

Wyoming requires parents to submit a parenting plan addressing custody arrangements, visitation schedules, and decision-making authority. Child support is calculated using Wyoming's statutory guidelines based on both parents' incomes. The court's primary consideration is always the child's best interests. For comprehensive guidance, see the Wyoming divorce filing checklist.

Factors to Consider When Choosing Your Path

Several factors should guide your decision between uncontested and contested divorce:

  • Agreement level: Can you and your spouse agree on all major issues?
  • Asset complexity: Do you have businesses, retirement accounts, or significant property?
  • Children: Can you cooperate on custody and parenting arrangements?
  • Timeline: Review the Wyoming divorce timeline to plan ahead

Disclaimer

This article provides general information about Wyoming divorce laws and is not legal advice. Laws change, and your situation may have unique factors. Consult with a qualified Wyoming family law attorney before making decisions about your divorce.

Next Steps for Your Wyoming Divorce

Whether you pursue an uncontested or contested divorce, preparation is essential. The Equal Justice Wyoming website provides free legal information, and the Wyoming Judicial Branch offers self-help form packets for those who qualify.

Remember that Wyoming's 20-day waiting period begins when your spouse is served with divorce papers. Use this time to gather financial documents, prepare your parenting plan if you have children, and work toward agreement on outstanding issues. Wyoming's streamlined process means your divorce can finalize quickly once requirements are met.

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