The Teton Range in November above the still channel at Schwabacher Landing, Grand Teton National Park
Schwabacher Landing in November · Teton County, Wyoming · Photograph: Aaron Herzberg
Divorce · Wyoming Statutes, Title 20

Divorce in Wyoming, handled from Jackson Hole.

Wyoming has one ordinary ground for divorce, a residency rule measured in days rather than months, and a decree that can be signed three weeks after the complaint is filed. What the statute leaves to the judge is everything that matters: who keeps what, what support is paid, and where the children live. In Teton County that judge is one person, and I have built cases for her courtroom for years. The work starts before anything is filed.

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Property moved to get ahead of the court is pulled back by a restraining order the court enters on request, and an agreement signed at the kitchen table is hard to unsign.

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Three things the statute settles.

One ground.

A district court may decree a divorce "on the grounds of irreconcilable differences in the marital relationship" (W.S. § 20-2-104). No fault to prove, no consent required from the other spouse. Conduct still counts at the margins, because the property statute weighs "the respective merits of the parties."

Sixty days.

One spouse must have lived in Wyoming for the sixty days before the complaint is filed, or the marriage was solemnized here and one spouse has stayed (W.S. § 20-2-107). The case is filed in the district court of the county where either spouse lives; for most of my clients that is Jackson.

Orders from day one.

From the day of filing the court can order either spouse to pay what the other needs to live on and to carry the case, decide where the children are while the case is pending, and freeze transfers that would defeat the decree (W.S. § 20-2-111). Those first orders tend to outlast the word "temporary."

The calendar.

The one date the divorce statute fixes is the earliest a decree can be entered: twenty days from filing (W.S. § 20-2-108). Every other deadline comes from the Wyoming Rules of Civil Procedure. An uncontested divorce, where both spouses agree on every term, moves at the speed of the paperwork and can be entered on affidavits without a hearing. A single disputed term makes the case contested and brings in discovery, mediation, and a trial setting. Most cases start contested and end uncontested; the work in between is what turns one into the other.

The honest unit of cost is time, and where the months go is information, not argument: complete financial pictures from both sides, a valuation both sides can accept, the guardian ad litem a contested custody case requires here, mediation if either spouse asks for it, a trial date on one district judge's calendar. The step-by-step page follows the case stage by stage.

The statute's calendarWyoming
  • 01Sixty days before filing: one spouse has lived in Wyoming, or the marriage was solemnized here and one spouse has stayed (§ 20-2-107)
  • 02Day 0: the complaint is filed in the district court of the county where either spouse lives (§ 20-2-104); within five days the clerk assigns the judge
  • 03By day 90: the other spouse is served, or the case is subject to dismissal (W.R.C.P. 4(w))
  • 04Twenty days after service, thirty if served outside Wyoming: the answer and any counterclaim (W.R.C.P. 12(a))
  • 05Day 20 from filing: the earliest a decree may be entered (§ 20-2-108)
  • 06Thirty days after the answer is due: initial disclosures under W.R.C.P. 26(a)(1.1)
  • 07Agreed cases: a few weeks past the minimum. Contested cases: several months to a year or more, on the court's scheduling order

Deadlines from the Wyoming statutes and rules of civil procedure as of 2026. In a contested case the court's scheduling order controls discovery, disclosure, and trial dates.

What the decree decides.

  1. Property. Divided as "appears just and equitable" (W.S. § 20-2-114), weighing each spouse's merits, the condition each will be left in, who brought the property in, and the burdens it carries. No community property, no presumption of an equal split; alimony under the same section, without a formula. See dividing property, alimony, and, where a company or equity compensation is involved, the high-net-worth page.
  2. Children. Custody and visitation "in well defined terms" by the children's best interests, and child support from the presumptive table, with a financial affidavit before any support order. See custody and support.
  3. The decree. The judgment in the case, final on the judge's signature and appealable for thirty days. It can restore a former name, incorporate a settlement agreement so the court enforces it by contempt, and leaves the court able to revisit custody, support, and alimony later (modifications).
  4. Default. A spouse who is served and files nothing within the answer period can be defaulted, and a decree entered on the other side's affidavit. Being served and doing nothing is the one mistake in this chapter a better lawyer cannot undo later.
Deciding whether to file, or just been served? The first month decides most of it.
A consultation is a scheduled working session, in person in Jackson or by video.

Separation, annulment, and who files first.

Legal separation, annulment, contested and uncontested, the served spouse's rights

Judicial separation

When grounds for divorce exist, a spouse may file the same complaint "but praying instead to be allowed to live separate and apart" (W.S. § 20-2-106). The court can do in a separation nearly everything it can do in a divorce: custody, support, disposition of property, alimony, and restraints on either spouse. The marriage continues. People choose it for health insurance that would end with a divorce, for religious reasons, or because one spouse is not ready and the other needs orders now. A divorce may follow later, and either party may ask to be discharged from the separation at any time.

Annulment

A marriage that was void from the start, because a spouse was already married, was mentally incompetent, was under sixteen, or was too closely related, or one that is voidable for force, fraud, or underage marriage without a judge's consent, is ended by a decree of nullity rather than a divorce. The proceeding runs like a divorce, and the decree can still provide for children and divide property. Annulments are rare; most people who ask about one want a divorce with a shorter history, which the statute does not offer.

Contested and uncontested

The words describe a moment, not a kind of marriage. A case is contested until every term is agreed and uncontested the day the last one is. What moves a case from one column to the other in Teton County is almost always mediation, which the court may order and must order if either spouse asks. An agreement reached there is written into a stipulated decree, signed by both spouses and the judge, and from that point the case is indistinguishable from one that was agreed from the start.

If you were served

A divorce is one lawsuit with two plaintiffs. The spouse who is served has the same right to file a counterclaim for divorce, ask for temporary orders, demand the disclosures, and set the case for trial, and a counterclaim keeps the case alive even if the spouse who filed first withdraws. The papers can look like an accusation; they are the opening of a process both of you now control. Read them with a lawyer before signing any decree that came with them, because a signed decree is a judgment, not a draft.

The Teton Range reflected in a still pond at dusk in autumn
Divorce in Wyoming, handled from Jackson Hole

Questions people ask first.

Is Wyoming a no-fault divorce state?
Yes. The ordinary ground for divorce is "irreconcilable differences in the marital relationship," and nothing in the statute requires proof of adultery, cruelty, or abandonment, or the other spouse's agreement. One spouse's sworn statement that the differences cannot be reconciled is enough; a spouse who does not want the divorce can slow it down, but cannot prevent it. Conduct is not irrelevant, though. The property statute lets the court weigh each spouse's "merits," and the custody statute tells it to count abuse of a spouse or child against the abuser, so how a marriage ended can still shape how the decree reads.
How long do I have to live in Wyoming before I can file?
Sixty days, counted back from the day the complaint is filed, and only one spouse needs to meet it. The alternative is that the marriage took place in Wyoming and one spouse has lived here continuously since the wedding. A person who lives in Wyoming is a resident for this purpose even if the other spouse lives somewhere else. Someone who moved to Jackson in early summer can file in late summer; someone who arrived last week cannot, though there is nothing to stop the preparation from starting. Custody has a longer clock, because a Wyoming court generally needs the children to have lived here six months before it can decide where they live.
What is the fastest a divorce can be final in Wyoming?
Twenty days from the filing of the complaint is the statutory minimum, and it is a real number rather than a formality: the court cannot enter a decree before it. In practice the fastest cases are a few weeks longer, because the other spouse has to be served or sign an acceptance of service, the answer period has to run or a stipulation has to be filed, the disclosures and any financial affidavits have to be exchanged, and the judge has to sign. When everything is agreed and the paperwork is complete, the Wyoming Judicial Branch's own forms allow the decree to be entered on affidavits, without a hearing, though a judge may still ask the parties to appear briefly.
Can I get support while the divorce is pending?
Yes. While a divorce is pending, the court may require either spouse to pay whatever the other needs to keep the household running and to pursue or defend the case, children included (W.S. § 20-2-111). That reaches living expenses and, where the disparity is real, attorney's fees, so that the spouse without access to the accounts is not litigating against the spouse who controls them. Temporary custody and child support are ordered under a companion section, and the court can restrain either spouse from moving property in a way that would defeat the final decree. These orders come after a motion and, usually, a hearing, and they are the first place the court forms a view of the case.
What is the difference between legal separation and divorce?
A legal separation, which the statute calls judicial separation, is a decree that lets spouses live "separate and apart" under court orders without ending the marriage. It is available on the same ground as divorce, and the court can decide custody, support, property, alimony, and restraints in it exactly as it would in a divorce. The parties remain married, which matters for health insurance, some religious commitments, and certain benefits, and either may later obtain a divorce on grounds arising afterward or ask to be discharged from the separation. It is not a shortcut, since it requires the same complaint, service, and disclosure, and it is chosen deliberately rather than by default.
Does it matter who files first?
Less than people fear and more than nothing. The spouse who files chooses the county, when the choice exists, and controls the timing of the first motion for temporary orders. The spouse who is served gets the same rights in the same case: an answer, a counterclaim for divorce on their own terms, and, if filed with the answer, a one-time peremptory challenge to the assigned judge. Once a counterclaim is on file the case continues even if the first spouse changes their mind. Neither spouse gets a better property division or parenting schedule for having reached the clerk's window first, and I have never seen a Teton County decree that reads differently because of it.
Tool · two minutesWyoming child support calculatorThe statute's table, gross to net, shared custody. Run it before anyone quotes you a number. Run the calculator →
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