Uncontested Divorce Petition Packet - Wyoming

WYOMING UNCONTESTED (NO-FAULT) DIVORCE — FILING PACKET

Before you use this: Choose the Wyoming Judicial Branch's current Divorce with Minor Children (DIVCP) or Divorce with No Children (DIVNoCP) plaintiff packet for filing. This packet supplies draft terms and a fillable complaint, but the court's current forms and instructions control summons issuance, service, disclosures, and the proposed decree.

PART 1 — PRE-FILING RESIDENCY, GROUNDS & WAITING-PERIOD CHECKLIST

☐ Either the Plaintiff or the Defendant has resided in Wyoming for 60 days immediately preceding the filing of the Complaint, OR the marriage was solemnized in Wyoming and one of the spouses has resided in Wyoming from the time of the marriage until filing. (Wyo. Stat. § 20-2-107)
☐ Grounds for divorce exist: irreconcilable differences in the marital relationship (no-fault); no proof of misconduct is required. (Wyo. Stat. § 20-2-104)
☐ The parties agree on all issues (property division, debts, alimony, and — if minor children — custody, visitation, and child support); otherwise the case is contested.
☐ Plaintiff understands that no decree may be entered less than 20 days after the Complaint is filed. (Wyo. Stat. § 20-2-108)
☐ If there are minor children, address their best interests without a preference for joint, shared, or sole custody. (Wyo. Stat. § 20-2-201(d))
☐ The case will be filed in the District Court for the county where either spouse resides.

Filing fee: Ask the Clerk of District Court for the current amount and accepted payment methods. The court's Family Law Packet 10 contains fee-waiver request forms.

PART 2 — COURT CAPTION (used on all pleadings)

IN THE DISTRICT COURT, [____________________] JUDICIAL DISTRICT
STATE OF WYOMING, COUNTY OF [____________________]

Civil No.: [________________]

PART 3 — COMPLAINT FOR DIVORCE (Irreconcilable Differences)

Plaintiff, for the Complaint against Defendant, alleges:

1. Residence and Jurisdiction (Wyo. Stat. § 20-2-107)

☐ Plaintiff ☐ Defendant has resided in the State of Wyoming for 60 days immediately preceding the filing of this Complaint, ☐ OR the parties were married in Wyoming and ☐ Plaintiff ☐ Defendant has resided here continuously since the marriage. Plaintiff resides at [________________________________] in [____________________] County, Wyoming.

2. Marriage

The parties were married on [__/__/____] at [____________________], [State], and have been husband and wife since. The parties separated on [__/__/____].

3. Minor Children

☐ There are no minor children born of or adopted during this marriage, and the wife is not now pregnant.
☐ The following minor child(ren) were born of or adopted during this marriage:

☐ The wife ☐ is ☐ is not currently pregnant.

4. Grounds (Wyo. Stat. § 20-2-104)

Irreconcilable differences exist in the marital relationship of the parties.

5. Property and Debts (Wyo. Stat. § 20-2-114)

☐ The parties have no real or personal property or debts subject to division.
☐ The parties have agreed in writing to divide all marital property and debts as set forth in the attached Property Settlement Agreement.
☐ The court is requested to make a just and equitable disposition of the property and debts described in the attached schedule.

6. Alimony (Wyo. Stat. § 20-2-114)

☐ Neither party requests alimony.
☐ Alimony is requested as set forth in the Property Settlement Agreement.
☐ Alimony is reserved.

7. Children — Custody, Visitation, and Support (if minor children)

• Legal/physical custody: ☐ Plaintiff ☐ Defendant ☐ Shared, as set forth in the Parenting Plan and consistent with the child's best interests (§ 20-2-201)
• Visitation: as set forth in the attached Parenting Plan
• Child support: per the Wyoming presumptive child-support guideline (Wyo. Stat. § 20-2-304)

8. Relief Requested

WHEREFORE, Plaintiff requests that the Court:
a. Grant a divorce dissolving the marriage and restoring the parties to the status of unmarried persons;
b. Make a just and equitable disposition of the marital property and debts (or approve the Property Settlement Agreement);
c. Establish custody, visitation, and child support if there are minor children;
d. Address alimony as set forth above;
e. Restore Plaintiff's former name: [________________________________];
f. Grant such other relief as the Court deems just and equitable.

Dated: [__/__/____]

Plaintiff's Signature: [________________________________]

PART 4 — VERIFICATION

State of Wyoming, County of [____________________]

I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated are true to the best of my knowledge, information, and belief.

Plaintiff's Signature: [________________________________]

Subscribed and sworn to before me on [__/__/____].

Notary Public: [________________________________] My commission expires: [__/__/____]

PART 5 — OFFICIAL SUMMONS AND SERVICE

Complete the caption and defendant contact fields on the current DIVCP 7 or DIVNoCP 7 Summons. The Clerk of District Court completes and issues the Summons. Serve the filed Complaint and issued Summons under the court packet's instructions; with minor children, include the Confidential Statement of the Parties for Child Support Order. Record the service date and method: [________________________________].

The court's current instructions give the Defendant 20 days to answer after in-state service or a signed Acknowledgment and Acceptance of Service, and 30 days after out-of-state service without that acknowledgment, calculated under the applicable court rules. Wait for the response period even if the Defendant says they will not answer. The separate minimum decree period under Wyo. Stat. § 20-2-108 runs from complaint filing.

PART 6 — OFFICIAL ACKNOWLEDGMENT AND AGREED TERMS

If the Defendant accepts service, use the court's current DIVCP 9 or DIVNoCP 8 Acknowledgment and Acceptance of Service form, signed before a notary and filed with the original Summons as the court instructs. The court's instructions still require the response period and the statutory minimum decree period to pass.

The Defendant's agreement to the proposed property, custody, or support terms may be recorded in the signed Property Settlement Agreement and, if applicable, Parenting Plan below, subject to court approval.

PART 7 — FINANCIAL DISCLOSURE / CONFIDENTIAL FINANCIAL AFFIDAVIT

Each party should disclose income, assets, debts, and expenses, especially where alimony or child support is at issue. Before a child support order is entered, Wyo. Stat. § 20-2-308(a) requires financial affidavits on the Wyoming Supreme Court-approved form to be filed, unless the court holds a hearing and receives testimony. A child support agreement submitted for approval must be accompanied by the affidavit under § 20-2-307(d). Use the current DIVCP 11 Confidential Financial Affidavit and support computation forms when filing with minor children; the summary below is for drafting only.

PART 8 — PROPERTY SETTLEMENT AGREEMENT (PSA)

PROPERTY SETTLEMENT AGREEMENT

This Agreement is made on [__/__/____] between [PLAINTIFF NAME] ("Plaintiff") and [DEFENDANT NAME] ("Defendant").

Recitals

1. The parties were married on [__/__/____] and separated on [__/__/____].
2. There ☐ are ☐ are no minor children of the marriage.
3. The parties desire to settle all issues of property, debts, alimony, and (if applicable) custody and support.
4. Each party has made full financial disclosure and has had the opportunity to consult independent counsel.

Article 1 — Disposition of Property (Wyo. Stat. § 20-2-114)

To Plaintiff: [____________________________________________________________]
To Defendant: [____________________________________________________________]

Article 2 — Debts

Plaintiff shall assume and hold Defendant harmless from: [________________________________]
Defendant shall assume and hold Plaintiff harmless from: [________________________________]

Article 3 — Real Property

☐ The parties own no real property.
☐ The real property at [________________________________] shall be: ☐ awarded to Plaintiff ☐ awarded to Defendant ☐ sold and net proceeds divided [____]% / [____]%.

Article 4 — Retirement Accounts

☐ Each party retains his/her own retirement accounts.
☐ The [________________] account shall be divided by Qualified Domestic Relations Order (QDRO) [____]% / [____]%.

Article 5 — Alimony (Wyo. Stat. § 20-2-114)

☐ Both parties waive alimony.
☐ [Plaintiff/Defendant] shall pay $[__________]/month for [____] months, terminating [__/__/____].
☐ Alimony is reserved.

Article 6 — Name Restoration

☐ Plaintiff's former name [________________________________] is restored.

Article 7 — Incorporation

The parties request that the Court review this Agreement and incorporate approved terms into the Decree of Divorce. Any term affecting children remains subject to the Court's review and order.

Plaintiff: [________________________________] Date: [__/__/____]
Defendant: [________________________________] Date: [__/__/____]

PART 9 — PARENTING PLAN & CHILD SUPPORT (if minor children)

A. Parenting Plan (Wyo. Stat. § 20-2-201)

• Legal custody (decision-making): ☐ Joint ☐ Plaintiff ☐ Defendant
• Physical custody: ☐ Shared ☐ Plaintiff ☐ Defendant
• Regular schedule: [____________________________________________________________]
• Holidays, school breaks, summer: [____________________________________________________________]
• Transportation/exchange: [____________________________________________________________]

B. Child Support (Wyo. Stat. §§ 20-2-304, 20-2-307)

• Combined net monthly income: $[__________]
• Obligor: ☐ Plaintiff ☐ Defendant
• Presumptive guideline amount: $[__________] per month
• ☐ Conforms to the presumptive guideline (§ 20-2-304) ☐ Deviation requested (§ 20-2-307); detailed facts supporting a specific court finding that the guideline amount would be unjust or inappropriate: [________________________________]
• Health insurance for child(ren) provided by: ☐ Plaintiff ☐ Defendant
• Unreimbursed medical and child-care shared: [____]% Plaintiff / [____]% Defendant

☐ The current court-approved Confidential Financial Affidavit and child-support computation are attached. If the proposed amount differs from the presumptive amount, attach the parties' written explanation for court review under § 20-2-307(d).

PART 10 — DECREE OF DIVORCE (Proposed)

Use the current court decree form for filing. For an agreed decree, the court's instructions require both parties' signatures to be notarized and each page initialed. The terms below are drafting text for that form and are subject to the judge's approval.

[Caption as in Part 2]

This matter came before the Court on the verified Complaint of Plaintiff. At least 20 days have elapsed since the Complaint was filed, as required by Wyo. Stat. § 20-2-108. The Court FINDS:

1. The Court has jurisdiction; the residency requirement of Wyo. Stat. § 20-2-107 is satisfied.
2. Irreconcilable differences exist in the marital relationship (Wyo. Stat. § 20-2-104).
3. The Property Settlement Agreement is just and equitable and is approved.

IT IS ORDERED, ADJUDGED, AND DECREED:

1. Divorce Granted. The marriage is dissolved and the parties are restored to the status of unmarried persons.
2. Property and Debts. Divided per the Property Settlement Agreement, incorporated by reference.
3. Alimony. ☐ Waived ☐ As set forth in the PSA ☐ Reserved.
4. Custody and Visitation. As set forth in the Parenting Plan, consistent with the child's best interests (§ 20-2-201).
5. Child Support (if applicable). The presumptive amount under Wyo. Stat. § 20-2-304 is $[__________] per month. ☐ The ordered amount is that amount. ☐ The ordered amount is $[__________] per month after the court's specific deviation findings: [________________________________]. Payments shall be made to the clerk as required by Wyo. Stat. § 20-2-309(f). The Court shall enter the income-withholding order required by subsection (e); the required confidential statement accompanies this support order under subsection (b).
6. Name Restoration. ☐ Plaintiff's former name [________________________________] is restored.
7. Other: [________________________________]

Dated: [__/__/____] District Judge: [________________________________]

PART 11 — FILING CHECKLIST & PROCEDURE

1. Confirm residency — 60 days in Wyoming (§ 20-2-107).
2. Prepare the official filing forms: Use the current DIVCP plaintiff packet if there are minor children or DIVNoCP if not. With children, the opening filing includes the Complaint, Vital Statistics Form, Confidential Statement of the Parties for Child Support Order, and Summons; without children, it includes the Complaint, Vital Statistics Form, and Summons. Complete the packet's later disclosure, support, and decree forms as applicable.
3. File with the Clerk of District Court in the county where either spouse lives. Ask the Clerk for the current fee or use the court's fee-waiver request forms if needed.
4. Serve the Defendant with the required filed papers or use the current notarized Acknowledgment and Acceptance of Service. Follow the court packet's proof-of-service directions.
5. Wait for the Defendant's answer period and the statutory minimum decree period. The court instructions give 20 days to answer after in-state service or a signed acknowledgment, or 30 days after out-of-state service without an acknowledgment, even if the Defendant says they will not answer. A divorce decree may not be entered less than 20 days after the Complaint was filed (§ 20-2-108).
6. Exchange initial disclosures with the Defendant within 30 days after the Answer is due; send them to the other party, not the Clerk. Follow the court packet for the financial and custody information to disclose.
7. Submit the court's proposed Decree form with the applicable financial affidavit, child-support computation, income-withholding order, and agreed terms. When both parties agree and the Defendant answered, follow the court packet's instructions for notarized signatures and initials on the decree.
8. Court enters the Decree (some districts require a brief uncontested hearing). Obtain certified copies.
9. Post-judgment: record deeds, process QDROs, update beneficiaries, change name with SSA/DMV, set up child-support withholding.

SOURCES AND REFERENCES

• Wyoming Statutes Title 20, Chapter 2 (Domestic Relations) — https://wyoleg.gov/statutes/compress/title20.pdf
• Wyo. Stat. §§ 20-2-104, 20-2-107, 20-2-108, 20-2-114, 20-2-201, 20-2-304, 20-2-307, 20-2-308
• Wyoming Judicial Branch — current divorce packets and instructions — https://www.wyocourts.gov/legal-help-by-topic/divorce/
• Wyoming Child Support Program — presumptive guideline (Wyo. Stat. § 20-2-304)

Disclaimer: This template is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Use the current official Wyoming Judicial Branch divorce packets. Consult a licensed Wyoming attorney for case-specific guidance.