File for Divorce in Niobrara County, Wyoming (WY) | Divorce in Niobrara County

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Online Divorce in Niobrara County

divorce in Niobrara County

Please note: As a document preparation service OnlineDivorce.com in Niobrara County, Wyoming, is not eligible to provide legal advice.
All the information below is presented for informational purposes only.

All couples who want to terminate the marriage would probably like to go through this process with minimal cost and stress.
In Niobrara County, Wyoming, like everywhere in the US, the first step for getting a divorce in the easiest and fastest way is refusing to contest the case. Although each dissolution of marriage is unique, most uncontested divorces are relatively quick and simple.

When a court trial is unnecessary, neither party has to think about the per hour price of an attorney’s services. They may resort to a paralegal's assistance or pay a cheaper flat rate.
And finally, the spouses who can reach an agreement out-of-court concerning such crucial terms of their separation as child custody, property division, or alimony can even try to arrange a do-it-yourself divorce without a lawyer.
In such a case, the party who initiates the proceeding has to select, fill out, and file the needed paperwork with the court following the rules of civil procedure in Wyoming.

OnlineDivorce.com provides help for all those spouses who are interested in a DIY-divorce option but do not want to cope with all the complex bureaucracy by themselves.
This online paperwork preparation service takes on all the issues related to selecting and completing legal forms.

OnlineDivorce.com fills out the necessary divorce forms authorized for use in Niobrara County courts, based on the answers the user provides by completing an online interview. All the peculiarities of a particular divorce case are taken into account, along with Wyoming family laws and the filing requirements.
Thus, the customer can receive ready-to-file printable documents by email within two business days, along with easy-to-follow step-by-step instructions for the filing process.

OnlineDivorce.com is committed to ensuring an inexpensive, fast, and stress-free process of paperwork preparation for an uncontested divorce for all couples, regardless of whether they have minor children or marital property.

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Valid grounds to get divorce in Niobrara County

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To apply for divorce in Niobrara County, Wyoming, the plaintiff (the party who initiates the case) must indicate the specific ground for divorce as prescribed by Wyoming Statutes.

Wyoming is a no-fault state, meaning that neither spouse has to point out the other spouse's misconduct to get a divorce in Niobrara County.

According to Wyoming Statutes, Sec. 20-2-104, almost any dissolution of marriage in Wyoming is a no-fault divorce based on irreconcilable differences in the marital relationship.

The only exception is the Incurable insanity of the spouse, given that he or she has been confined in a mental institution for at least two years before filing for divorce.

Unlike Irreconcilable differences, Incurable insanity is handled like a fault-based ground for divorce. It must be proved before the court, as determined by Sec. 20-2-105 of Wyoming Statutes.

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Custody of the child in Niobrara County

Custody of the child in Niobrara County

In any divorce process in Niobrara County with children involved deciding child custody is an essential step.

Wyoming courts make decisions based on the child’s best interests, which are usually satisfied when the child has frequent and prolonged contact with both parents, provided it does not contradict the child’s safety.

According to Wyoming Statutes, Sec. 20-2-201, the child's best interest can be satisfied by awarding any combination of joint, shared, or sole physical and legal custody, depending on the circumstances of a particular dissolution case.

Physical custody determines where the child lives, and the time each parent can spend with the child. At the same time, legal custody refers to each parent’s decision-making power regarding crucial choices in raising the child.

If the parents cannot resolve custody matters before filing for divorce, on their own, Niobrara County judges make a final decision at their discretion, based on various factors, including:

  • the relationship a child has with each parent;
  • each parent's willingness and ability to provide care and meet the needs of a child;
  • the parents' ability to negotiate and cooperate in the process of raising a child;
  • the physical and mental capacity of each parent to raise a child;
  • each parent's place of residence (the distance between their homes);
  • and any other factors the court deems necessary and relevant.

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Rules for child support in Niobrara County

Both parents are obliged to support their minor children, regardless of their marital status.

In Niobrara County, Wyoming, either parent can be ordered to pay child support after analyzing the financial circumstances of each as prescribed in Wyoming Child Support Guidelines and Wyoming Statutes (Title 20, Chapter 2, Article 3).

In general, Child Support Guidelines consider both parents’ combined income and the number of minor children to be supported. And to calculate an exact amount of child support typically paid by the non-custodial parent, Wyoming courts follow the Income Shares Model.

Such an approach implies estimating the amount of support that would have been available for the child if the parents had not separated. The resulting amount shall be divided proportionally to the parents according to their incomes.

Thus, if a non-custodial parent has a much higher income than the child’s primary custodian, they are likely to pay a higher amount for the child’s maintenance.

Rules for spousal support in Niobrara County

Rules for spousal support in Niobrara County

According to Wyoming Statutes, Sec. 20-2-114, in a divorce in Niobrara County, alimony can be awarded to either spouse when it is fair due to the spouse's needs.

Typically, alimony is granted to the party who remains in a difficult financial situation after the divorce, or if he or she received significantly less property as a result of the separation.

If the spouses cannot reach an agreement concerning spousal support, the judge shall hear evidence at the court hearing and decide what is appropriate on a case-by-case basis.

Thus, Wyoming family law does not provide any strict regulations regarding the amount and duration of alimony, and the courts have broad discretion concerning these matters.

To make a decision, the court typically considers various factors, for example:

  • the length of the marriage;
  • the consequences of the separation of property;
  • the financial resources and earning capacity of each spouse;
  • the time and money needed for the spouse seeking alimony to gain necessary professional knowledge or skills;
  • child custody arrangement, if any.

Based on these and other factors, Wyoming courts may order temporary, short- or long-term alimony.

  • Temporary alimony is support granted during the divorce proceedings.
  • Short-term alimony is usually granted to help the spouse with a lower income gain the necessary skills and become financially self-sufficient.
  • Long-Term alimony is rare. It is usually associated with the special needs of the applying spouse or lengthy marriages.

The typical calculation for alimony duration is that one year of alimony is paid per every three years of marriage (so in a case of divorce after ten years of marriage, alimony would be paid only for about three years). Yet, this is not a law, and one cannot predict the amount and duration of spousal support before the court weighs all the relevant factors.

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Property division in Niobrara County

Property division in Niobrara County

To understand how property is divided in a divorce in Niobrara County, one should know that Wyoming is an equitable distribution state. Equitable distribution implies that the couple's property shall be divided fairly, but not necessarily equally.

The spouses have the right to negotiate and divide their assets in the proportion they want by signing a Settlement Agreement. Typically, the judge reviews this document and approves it if it is fair.

If the spouses cannot agree, the court decides for them, following Sec. 20-2-114 of the Wyoming Statutes.

In Wyoming, only common property acquired during the marriage is subject to separation. All property that each spouse owned before the marriage or during the marriage but as a gift or inheritance by third parties is typically considered separate property and should not be divided.

Before making a final decision, the judge considers many factors, such as:

  • the length of the marriage;
  • the contribution of each party to the family assets;
  • the contribution that each spouse made to their partner's education and increase of earning capacity;
  • any financial implications for each spouse after the division of property;
  • the financial situation of each spouse;
  • provisions of custody arrangement, if any;
  • and other factors the court may deem valid.

Mediation support in Niobrara County

Mediation is an alternative dispute resolution designed to help the spouses resolve the most disputed issues of their separation under the guidance of a neutral third party, and, as a result, file for an uncontested divorce in Niobrara County.

Typically, mediation is a voluntary option as a part of the Wyoming divorce procedure. Yet, in some cases, when child custody is at issue, the court has the power to order the parents to participate in mediation to prepare a Parenting Plan.

At the same time, parenting classes are mandatory for all divorcing parents in Niobrara County, Wyoming. These classes are designed to inform the parents about the effects of divorce on children and the peculiarities of co-parenting after separation. Typically, the classes are available at the local courthouse or online.

How to file for divorce in Niobrara County | Step-by-Step

1

First, to file for divorce in Niobrara County, the spouses have to meet Wyoming residency requirements.
According to the Wyoming Statutes, Sec. 20-2-107, one of the parties must have been a resident of the state for at least sixty days before filing the petition for divorce, or the marriage must be solemnized in Wyoming, provided that either party has resided within the state from the time of the wedding.

2

Then, the plaintiff has to collect and fill out the Complaint for Divorce along with a Summons, using the samples established by the Wyoming Supreme Court. These divorce papers must be submitted to the District Court in Niobrara County.

3

At the moment of filing, the plaintiff must pay a court filing fee.

4

The next step through the process of divorce in Niobrara County is serving the second spouse with the divorce papers.
Here are the ways to serve divorce papers:

-   directly or via mail (this option is appropriate if the defendant is willing to accept paperwork copies and complete an Acknowledgement and Acceptance of Service, which must be filed with the court by the plaintiff);

-  through the sheriff's department.
The rest of the divorce documents can usually be served by first class mail or hand delivery.

5

After being served, the defendant has 20 days (or 30 days, if he or she is out-of-state) to file an Answer to the Complaint for Divorce.
Also, within 30 days after the service of process, the spouses have to disclose certain financial information to each other and fill out a Confidential Financial Affidavit.

6

After all the needed paperwork is filed, Wyoming laws require a mandatory waiting period before a couple can obtain a divorce in Niobrara County. No Decree of Divorce may be issued until twenty days have elapsed from the moment of filing the complaint with the court. However, the given waiting period sets only the minimum possible timeline of the process, so often, it takes more time to finalize a divorce in Niobrara County.

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Contested Divorce

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Contested divorces can be lengthy and costly due to spouses being unable to agree on one or more key issues, including child custody, property division, or spousal support.

  • Offline and inconvenient process in which both parties often hire attorneys to represent their interests.
  • The adversarial nature of a contested divorce can lead to heightened emotional stress and strain for both spouses and their families.
  • Absent a settlement, the final divorce judgment and terms are determined by the court, which may not fully align with the preferences of either spouse.
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  • Ancillary services to ensure optimal outcomes, including name changes, co-parenting support, and getting started with your life after divorce.
  • Detailed instructions on how to file with the court or the option to purchase our filing service.

Filing fees for divorce in Niobrara County

The court filing fee is a cost that covers the court services. In Niobrara County, the filing fee is about $85, but the price can vary slightly depending on additional court fees.

The filing fee marks the minimum possible cost of a divorce in Niobrara County, without mediation, legal representatives costs, online services, etc.

Paying the court filing fee is mandatory for all plaintiffs except those who cannot afford it. The plaintiff can complete an Affidavit of Indigency and a Request for Waiver of Filing Fees, and the court will examine these papers and determine if the fee should be waived.

How long will it take?

The length of the divorce process in Niobrara County, Wyoming, depends on whether the spouses contest the case, and whether they have child custody or property disputes.

If both parties agree on the essential terms of their separation, it can take a minimum of twenty days to get a divorce in Wyoming due to the mandatory waiting period.

Yet, on average, an amicable divorce in Niobrara County takes from thirty to ninety days.
In contrast, if a case goes to trial, the proceeding can take months or even years, depending on how long it takes the parties to reach a settlement.

Filing for divorce in Niobrara County | Frequently Asked Questions

How much does a divorce cost in Niobrara County?
It is hard to predict how much a divorce will cost in Niobrara County. The potential expenses depend on many circumstances, but the main thing is whether the spouses contest the case. A contested divorce can require multiple hearings, and the lawyer's assistance during the proceeding significantly adds to the total costs.
Divorce expenses may also include serving fees, costs for parenting class or mediation, Online Divorce fees, and any other paid assistance.
The most affordable way of arranging the process is a DIY divorce without any paid legal assistance, but it should be noted that this option is not suitable for everyone.

How do you file for divorce in Niobrara County without a lawyer?
Couples who want to terminate the marriage in Niobrara County, Wyoming, have the right to represent themselves before the court.
If the case is simple enough and the spouses agree concerning all the essential matters, all they have to do is get the necessary legal forms at the Court Clerk's Office. Then, they can fill them out correctly using the self-help section on the Wyoming Judicial Branch website.
For a more straightforward and less stressful route, one can take advantage of OnlineDivorce.com for any uncontested case, saving time and avoiding costly attorneys.

What are the required forms for an uncontested divorce in Niobrara County?
The most common legal forms to start a case in Niobrara County, Wyoming, include:

  • Vital Statistics Form
  • Complaint for Divorce
  • Summons in Civil Action
  • Acknowledgment and Acceptance of Service
  • Answer to the Complaint for Divorce
  • Decree of Divorce
  • Application for Entry of Default
  • Entry of Default
  • Confidential Financial Affidavit
  • Income Withholding Order
  • Notice to Payor
  • Confidential Statement of Parties for Child Support Order

Can I file for legal separation in Niobrara County, Wyoming?
Like most jurisdictions, Wyoming allows spouses to file for legal separation when they can no longer live together.
In a legal separation, the spouses deal with the same issues and make the same steps as in a divorce, but remain officially married.
The parties can divide property, award alimony, and determine child custody.

When is it allowed to remarry after a divorce?
Wyoming has no mandatory waiting period between the marriage’s official dissolution and either of the former spouses getting remarried.

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  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
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  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.

Divorce Courts in Niobrara County, Wyoming

District Court, 8th Judicial District, Niobrara County
Judge Name:
Hon. John C. Brooks Hon. Keith G. Kautz
Clerk Name:
Kayla Courtright
Court Address:
424 South Elm Street, Lusk, Wyoming 82225
Phone:
307-334-2736
Fax:
307-334-2703