Wyoming Divorce Procedures

In this state, the divorce action is filed in the District Court. The individual who files the action is referred to as a Plaintiff. The individual who responds to the action is known as the Defendant.

Wyoming Divorce Procedure before Service

Consider the following circumstances.

• Both the divorcing partners are agreeing with each other to take a divorce
• The divorcing couple does not have children

In the given scenario, the following forms must be filed by the Plaintiff.

• DNCP 26 (A Decree of Divorce): This document is used for granting the divorce and comprises of the terms and conditions of the distribution of liabilities and assets of the marital estate
• DNCP 24 (An Affidavit for Divorce without Appearance of the Parties): This document requests the court that in the absence of a hearing, a divorce may be granted
• DNCP 6 (A Summons in Civil Action): This form is used to convey the Defendant his or rights in the action
• DNCP 5 (A Complaint for Divorce): This is a Petition to the court to grant the divorce
• DNCP 4 (A Vital Statistics Form): This is used for recording the divorce in the state records. The Decree section is left empty till the Judge signs the Decree)

The Plaintiff is supposed to file the above mentioned forms with the clerk in the District Court. From the filing date, the Plaintiff has 90 days to serve these papers to the Respondent. There is a provision as per which the Plaintiff may serve the Defendant personally. However, for a personal service, the Defendant must sign an Acknowledgement and Acceptance of Service (DNCP 7) in the presence of a Notary. This document must be filed with the clerk. If this path is followed, the Plaintiff must wait for twenty days after the service date of the Complaint to present the Decree of Divorce to the court.

Wyoming Divorce Procedure about Service

Apart from personal service by the Plaintiff, there are 4 other methods of service.

• Service by Certified or Registered Mail: The Plaintiff initially files an Affidavit to allow Service by Registered or Certified Mail (DNCP 10) with the court clerk. Then, the court clerk is permitted to mail the documents by registered or certified mail

• Service by a Private Party: Any competent adult, who is not a divorce party, hands over the documents to the Defendant personally. A Return of Service has to be filed by this private party to the clerk

• Service by a Wyoming Sheriff: The Sheriff of the county in which the Defendant resides performs the service by demanding a fee for it. After completion of this Service, the Sheriff is supposed to file a Return of Service with the court clerk. This is a certificate that the Defendant has been properly served

• Service by Publication: This is employed in the following circumstances
  • Defendant is hidden to avoid service of the process
  • Defendant’s residences cannot be confirmed
  • Defendant is not a resident of this state

  This service begins by the Plaintiff filing an Affidavit to allow Service by Publication (DNCP 10). This Affidavit comprises of the details of the diligent efforts to locate the Defendant. The notice must be published in a newspaper once a week for 4 consecutive weeks. After the last date of publication, when 30 days have passed, the Plaintiff is supposed to file DNCP 11 (An Affidavit following Service by Publication). This certifies to the court that the notice appeared in the newspaper.

Divorce Papers