Wyoming Divorce Records

Wyoming divorce records are the official documents generated during the legal dissolution of a marriage. According to recent data from the Centers for Disease Control and Prevention, Wyoming has one of the highest divorce rates in the U.S., next to Nevada and Idaho, at 3.4 divorces per 1,000 residents. The state's divorce rate is 29% higher than the national average at 2.4 marriages per 1,000 people.

Wyoming recognizes two grounds for divorce under the Wyoming Statutes -No-Fault and Fault-Based. In a no-fault divorce, a party only needs to allege irreconcilable differences that have caused the irreparable breakdown of the marriage, with no chance of reconciliation. In Wyoming, incurable insanity is the only grounds for a fault-based divorce. Fault-based grounds like adultery or abuse are not legally recognized in Wyoming. However, they may influence alimony or custody.

The average cost of divorce in Wyoming is approximately $9,085 per person. The state's divorce rate is 8% above the national average, which is about $9,969. However, the cost of divorce can quickly increase due to other factors, such as filing fees, attorney fees, divorce with minor children, mediation costs, and mandatory attendance of parenting classes. In addition, other factors, like whether the divorce is contested or uncontested, can significantly increase divorce costs.

Are Divorce Records Public in Wyoming?

Wyoming Vital Records Law restricts public access to divorce records. Per state law, it is unlawful for the general public to inspect or obtain copies of vital records, including divorce records, for 50 years from the divorce date. During the confidentiality period, only the parties named on the divorce certificate, their attorney, or persons with a court order may access divorce records.

After 50 years, anyone may request certified copies of the divorce records without demonstrating eligibility. At that time, requesters may access the parties' full names, divorce date, county, and court where the divorce decree was issued, certificate and case number, the grounds for divorce, docket entries, and basic decree terms.

However, although the state permits public access after the confidentiality period, certain information is redacted from the document. Per state law, Social Security numbers, medical or mental health information, financial account numbers, and domestic violence or abuse allegations are closed to the public indefinitely.

What Is Included in Wyoming Divorce Records?

Wyoming divorce records consist of three distinct components: divorce certificates, divorce decrees, and divorce case files. Each document type contains varying information and serves different legal purposes.

• Divorce Certificates: A divorce certificate is a one-page certified record issued by the Wyoming Vital Statistics Services that verifies a divorce took place. Divorce certification provides basic information about the divorce, including full names of both parties, demographic details, divorce date, county and city where the divorce was granted, the legal grounds for granting the divorce, and the certificate number.
• Divorce Decrees: A divorce decree is an official document bearing the seal of the issuing office. The document contains the final judgment outlining the rights and responsibilities of each party to the divorce and the terms of dissolving the marriage. Divorce decrees issued by the District Court where the divorce was finalized contain the caption and case number, finding of facts, property and debt division, spousal support, child-related orders, judge's signature, and court seal.
• Divorce Case Files: Divorce case files are the comprehensive litigation records from when the divorce was filed to the date the judgment was issued. The documents contain the entire divorce proceedings and include information, such as the divorce petition, summons, proof of service, answers, counterpetition, temporary relief motions and orders, and discovery materials. In addition, divorce case files include financial disclosures and affidavits, parenting plans, custody evaluations, mediation or settlement agreements, trial exhibits and transcripts, final decree, and post-judgment motions.

How Do I Find Wyoming Divorce Records?

Wyoming divorce records are typically maintained by two primary agencies, the District Court Clerk's office and the Wyoming Department of Health, Vital Statistics Services, depending on the document type. Usually, persons seeking certified copies of divorce records may require the document for various personal, legal, or administrative purposes, including:

• Updating Social Security information
• Establishing proof of a prior marriage ending when getting remarried
• Enforcing or modifying child support, spousal support, or custody orders
• Establishing divorce status before distributing assets
• Changing or verifying eligibility for retirement distributions
• Modifying legal status with insurance and financial institutions

Look Up Wyoming Divorce Certificate

Eligible persons may access certified copies of Wyoming divorce certificates issued from May 1941 to the present at the Wyoming Department of Health, Vital Statistics Services. To look up the document, you may complete the divorce section on the Request for Certified Copy of a Wyoming Vital Record form. Include a copy of a valid government-issued photo ID, a self-addressed stamped envelope, and the fees. It costs $25 to order a certified copy of a Wyoming divorce certificate. Mail the record request to:

Before 1941, Wyoming did not issue divorce certificates. Therefore, pre-1941 divorce records and divorce certificates older than 50 years are accessible at the Wyoming State Archives.

Look Up Wyoming Divorce Decree

Authorized persons may access the Wyoming divorce decree at the District Court Clerk's office in the county where the divorce was granted. To order the document, contact the specific county using the Wyoming Court Directory. Most counties accept mail and in-person requests for certified copies of divorce decrees.

Wyoming courts typically accept a written request to order the document. The request may include information to locate the document, including the case number, parties' full names, and the fees. The cost to obtain a certified copy of the Wyoming divorce decree differs by county. However, expect to pay between $75 - $120 to order the record.

Look Up Wyoming Divorce Court Records

Generally, Wyoming divorce cases are filed in the County District Courts where the divorce was granted. Wyoming does not offer a statewide online portal to access court records from the lower courts, including divorce records from the District Courts.

To this end, persons interested in obtaining Wyoming divorce case files may visit the clerk's office or mail a written request to obtain the document. Include the case number, type of document requested, party name, and divorce date when ordering the record. Usually, most courthouses have a public access terminal where you can print plain-paper copies, typically at $0.25 per page.

Can You Seal Divorce Records in Wyoming?

Yes. Although divorce records are restricted from the public, parties to a divorce requiring confidentiality may still petition the courts to seal parts of the records. All petitions for divorce may specify reasons, such as the protection of minors, proprietary financial information, or the victim of domestic violence, for requesting the courts to seal the divorce records.

After filing the petitions at the court, the filing party may notify the other party of their intention to seal the divorce records. Sometimes, Wyoming courts may require a hearing before denying or granting the motion. If granted, the court specifies the documents to be filed "under seal".

Generally, the courts may approve sealing custody evaluations, mental-health records of minors, detailed financial exhibits, and domestic violence affidavits. However, not all information may be sealed. To this end, information such as docket entries, case numbers, and grounds for divorce information on divorce records may not be sealed in Wyoming.

How Long Does a Divorce Take in Wyoming?

Under Wyoming Statutes, the state imposes a mandatory 20-day waiting period after filing the divorce paperwork before the judge can finalize the divorce. The mandatory period is applicable to both contested and uncontested cases. The waiting period begins when the defendant is served with the divorce complaint.

Does Wyoming Require Separation Before Divorce?

No. Wyoming does not mandate couples to live apart for any defined period before filing for divorce.

How Are Assets Split in a Wyoming Divorce?

Wyoming follows the equitable distribution model for splitting a couple's assets following a divorce. In an equitable distribution of marital property, all assets acquired during the marriage, regardless of title, are subject to division in a just and equitable manner rather than a 50/50 split. Likewise, all assets acquired, gifted, or inherited before the marriage typically remain with their original owner unless commingled.

Generally, the judge considers certain factors in determining what is just and equitable when dividing marital assets. These factors include:

• The marriage duration
• The non-financial contributions of each spouse during the marriage
• Each spouse's contribution to the marriage and the acquisition of assets
• The earning capacity and employability of each party post-divorce
• The party through whom the property was acquired in the marriage
• The debts and liabilities incurred for marital benefits
• The ability of each spouse to maintain stability after the divorce

Who Gets Custody of a Child in Divorce in Wyoming?

Child custody following a divorce in Wyoming aims to prioritize the child's interest when allocating parental rights and responsibilities. Historically, in the pre-20th-century era, fathers were granted near-absolute custodial rights as heads of households. By the early 20th century, mothers were favored in custodial matters as better nurturers. However, Wyoming has transitioned to a custody system that favors what's best for the child.

To this end, Wyoming courts consider several factors to determine the child's best interest. Usually, it considers parental competence, emotional connection between parent and child, history of child abuse or domestic violence, capacity to co-parent, and child's age and preference.

Generally, Wyoming divides custody into legal custody (decision-making authority) and physical custody (where the child lives). Based on these, the state issues parental rights and responsibilities as follows:

• Shared (Joint) Parental Rights and Responsibilities: In shared custody, both parents share equal legal and physical custody of the child. They jointly decide on all major issues affecting the child's welfare, including education, healthcare, religion, culture, and extracurricular activities. In addition, in shared custody, each parent gets equal residential rights. Usually, Wyoming courts award shared custody when parents communicate well and demonstrate the ability to make constructively joint decisions.
• Allotted (Divided) Parental Rights and Responsibilities: In allotted custody, the court divides decision-making between both parents, assigning some specific decision-making rights to one party and others to the other party. Therefore, one party may make decisions on education, while the other party decides on extracurricular activities. However, for physical custody of the child, one parent is designated the primary residential parent, where the child is housed the majority of the time. The other parent is assigned less parenting and visitation time. Wyoming courts award allotted custody when joint decision-making is unrealistic.
• Sole Parental Rights and Responsibilities: Wyoming courts award sole custody when there is a verified history of domestic violence, neglect, abandonment, or severe substance abuse by one parent. In sole custody, one parent makes all major decisions without requiring input from the other parent. In addition, the child resides almost exclusively with the parent designated as primary placement by the court, with minimal or supervised visits from the other parent.