Q & A Session With a Sheridan & Gillette WY Divorce Attorney
If you have determined that your marriage is irreparable, you are naturally going to have many questions about the divorce process. To provide you with a foundation of basic information, let’s look at a hypothetical question and answer session that may take place between a divorce attorney and a client who is preparing for a divorce proceeding.
Do I have to prove that my estranged spouse is at fault?
The answer to this question is no. Wyoming is a “no-fault” divorce state, so you don’t have to try to prove any breaches of the marital contract. This being stated, the question of culpability could be taken into consideration by the court during spousal support and property division deliberations.
How long do I have to live in the state to file for divorce in Wyoming?
There is a residency requirement, but it is relatively modest. If you have resided in the state for at least 60 days, you can file for a divorce in Wyoming. This is true even if one of the individuals involved was not a resident of the state for a minimum of 60 days.
What about the division of property?
The state of Wyoming is considered to be an equitable division state, and this means that the court is empowered to decide on the distribution of marital property based on its best judgment. This does not necessarily equate to an equal division of property.
Who gets custody of the children?
There is no cut and dried answer to this question, because it all depends on the circumstances. The court will proceed with the general understanding that the children will benefit from frequent ongoing contact with both parents. Joint custody is viewed as the ideal arrangement, but all circumstances will be considered when the child custody determination is being made.
Contact Plains Law!
If you are planning on getting a divorce in Wyoming, you would do well to discuss the matter with a licensed divorce attorney who can guide you through the process and advocate your interests. The attorneys at our firm will always be standing at the ready to provide assistance if you need a divorce attorney as a Sheridan, WY resident. We know that this can be a very difficult time, and we do everything possible to provide a comfortable environment from the outset. If you would like to schedule a consultation, we can be reached by phone at 307-675-1221.