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Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current status of the law. The family lawyer you choose should also be knowledgeable with the local courts and jury sentiment.

RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce, the plaintiff needs to have resided in Wyoming for at least 60 days prior to the filing of the complaint. The divorce papers should be filed in the district court of the county in which either party resides. [Based on Wyoming Statutes Annotated; Title 20, Chapters 20-2-107 and 20-2-104]

LEGAL GROUNDS FOR DIVORCE: The legal ground for divorce include irreconcilable differences and incurable insanity of either party. [Based on Wyoming Statutes Annotated; Title 20, Chapter 20-2-104]

LEGAL SEPARATION: All provisions available in an action for divorce are available for a legal separation. [Based on Wyoming Statutes Annotated; Title 20, Chapters 20-2-106, and 20-2-107].

PROPERTY DISTRIBUTION: Wyoming is an equitable distribution state, meaning that when granting a divorce, the court will try to distribute the property in a just and equitable manner. Factors that may be taken into consideration include: the respective merits of the parties and the condition in which they will be left by the divorce, the party through whom the property was acquired, and the burdens imposed upon the property for the benefit of either party and children. [Based on Wyoming Statutes Annotated; Title 20, Chapter 20-2-114]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Alimony may be awarded to either spouse. A reasonable amount of alimony may be awarded to one spouse in relation to the other's ability to pay. [Based on WY Statutes Annotated; Title 20, Chapter 20-2-114]

CHILD CUSTODY: Custody may be awarded to either parent and may include any combination of joint, shared, or sole custody to promote the best interests of the children. When determining the best interests of the child, the following factors may be taken into consideration:

* The quality of the relationship each child has with each parent;

* The ability of each parent to provide adequate care for each child

* The relative competency and fitness of each parent;

* Each parent's willingness to accept all responsibilities of parenting;

* How the parents and each child can best maintain and strengthen a relationship with each other;

* The ability and willingness of each parent to allow the other to provide care without intrusion;

* Geographic distance between the parents' residences;

* The current physical and mental ability of each parent to care for each child;

* Any other factors the court deems necessary and relevant.

The evidence of spousal or child abuse is considered contrary to the best interests of the child, and the court shall structure visitation to protect the child or spouse from further harm. [Based on WY Statutes Annotated; Title 20, Chapter 20-2-201]

CHILD SUPPORT: Child support is determined by using the "income-shares" model, meaning that the combined incomes of both parents are taken into consideration for setting the level of support. The child support obligation that results shall be divided between the parents in proportion to the net income of each parent. The non-custodial parent's share of the support obligation is to be paid to the custodial parent through the clerk of the court. The court may deviate from the child support tables if it finds that the support would be unjust of inappropriate. To determine whether a deviation is a appropriate, the court shall consider the following factors: 1) The age of the child; 2) the cost of child care; 3) any special health or educational needs of the child; 4) the payment of child support for children outside the marriage; 5) cost of visitation transportation; 6) the ability of either parent to furnish health insurance through employment benefits; 7) the amount of time the child spends with each parent; 8) and necessary expenses for the child's benefit; 9) whether either parent is voluntarily unemployed or underemployed. In such cases, the child support will be computed based on the potential earning capacity of that parent.

HOW TO ENFORCE CHILD SUPPORT IN WYOMING – THE FEDERAL OPTION

Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.

How and where do I apply?

In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.

What are the steps to collecting support?

The first step, if a child was born out of wedlock, is to establish paternity - or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.

Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.

The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.

At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding from the obligated parent's paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.

Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won't be affected.

For More Information write for the 2008 Handbook on Child Support Enforcement by contacting:

ACF OCSE National Reference Center

370 L'Enfant Promenade, S.W.

4th Floor Washington, DC 20447

(202) 401-9383

IS A LAWYER NECESSARY FOR MY CASE?

If the marriage was less then a year, you have no children, if there is no real estate, and if a marital settlement has been reached, the spouses may and should consider a fast and simplified divorce solution.

No person seeking a divorce is actually required by law to use an attorney. If a person does plan to represent themselves (not recommended) during the proceedings, they should not expect the court clerks, bailiff and/or judge to assist them or provide legal advice in any way. Most spouses do however, at least at some point, consult with an attorney before proceeding with doing the divorce themselves.

Under most circumstances, a lawyer is ethically prohibited from representing both parties in a case. This is called a legal conflict of interest. Lawyers should only represent one party. Notwithstanding, in practice many people choose to have just one lawyer handle most of the paperwork such as the legal documents, including a separation agreement. In this situation, you must keep in mind that the lawyer who drafted the documents should and usually is only be representing one party. In some states, they follow a collaborative divorce process in which the mediator/lawyer works with both parties to achieve one common goal: to reach agreement on settlement of the issues and to have that agreement reduced to a writing and then into a court order.

Most lawyers do not charge a flat fee for a divorce unless the divorce is very simple, and both parties have agreed to the division of property and custodial issues at the outset. Instead, a lawyer will usually request a cash retainer from the client, not unlike a security deposit and charge for the lawyer’s time as the case moves forward. The amount of lawyer fees is one very important factor to consider. However you should also take into account the attorney’s legal experience and the complexity of the case. Lawyers are prohibited from charging a contingent fee for a divorce. Once a fee arrangement has been made, the lawyer is in most cases must prepare a written contract reflecting the agreement if full.

If there is a great disparity of income with regards to payment of the attorney fees, a judge may determine that one person should pay for the other person’s attorney fees. Most often however, a judge determines that each party has the ability and should to pay his or her own fees.

CHOOSING THE RIGHT FAMILY LAWYER

If you have chosen to go with a lawyer you have a very important choice to make.

You could think of the process of choosing a lawyer like any other significant purchase. The same kind of careful consideration you put into a major purchase is not unlike the kinds of considerations you need to make when you are looking for the right divorce and family lawyer.

Before you start, you’ll need to choose what qualities you want in your family lawyer. There are a number of qualities that you should expect your lawyer to have. These basic qualities include:

Good standing with their state bar: In other words, the bar association which licenses the attorneys in your state considers this lawyer is fit to practice law.

No disciplinary sanctions: A disciplinary sanction is an action taken against a lawyer by the state agency that regulates lawyers. If a lawyer has a sanction, be sure to investigate, taking into account the severity of the sanction and how long ago it occurred. A sanction can be a minor reprimand, or it can be a very serious punishment like suspension or disbarment from practicing law.

Experience with cases like yours: Most lawyers concentrate in a few areas of the law such as adoption and mediation. Once you know what these areas are, it’s easier to find lawyers with the experience and skills that are relevant to your situation.

Good communication skills: Regardless of your family law case issues, you want someone who keeps you informed and stays in touch, every step of the way. Legal matters can be confusing and your attorney is your advocate and guide. Don’t settle for anything less.

Once you’ve covered the basics, you may think of other qualities you’d like your lawyer to have. A few questions to consider:

Is this lawyer’s office convenient to your home or office?

How much does the lawyer charge?

GET CURRENT WITH THE 2008 FAMILY LAW CODE OF WYOMING:

http://legisweb.state.wy.us/statutes/statutes.aspx?file= titles/Title20/Title20.htm