Step 5: the main issue
When your spouse and you decide to get divorced, this involves the division of property and the debts between your spouse and you. According to the divorce law of Wyoming, all the property is marital property irrespective of when or how it was acquired. However, the state’s divorce law does not provide a lot of guidance on the way the property should be divided.
If there is no agreement between both spouses, the court will divide the property “equitably and fairly” after considering the merits of both spouses and the condition that the divorce will leave them in, the party via who the property was got and the liabilities forced on the property for the benefit of either spouse and their children.
Alimony / Spousal Support
If you have any agreement with your spouse regarding the alimony (also if there will not be any payment of alimony), this will be approved by the court most likely. The alimony law of Wyoming does not provide a lot of guidance and in the case that there is no agreement, the decision of the alimony is left to the discretion of the judge.
The law states that either spouse may be awarded “reasonable alimony” from the estate of the other spouse considering the capacity of the other party to pay. The court may order the amount of real estate, rent or profits from the estate of the other party as required to be assigned and given to either spouse for life or it may order a specific amount to be paid by either spouse.
Child Custody Laws
If your spouse and you have minor children from the marriage, then there will be a custody determination. This essentially is determining how the child’s time will be divided between both parents and how the decisions pertaining to the child will be made. The court may order the parents to attend parenting classes to reduce the effects of the divorce on the kids.
If you have an agreement regarding the child custody with your spouse, then this will be accepted by the court, unless it is determined that the agreement is not in the best interests of the child. If the parents are unable to reach an agreement regarding custody, then the judge will decide the same based on the best interests of the child after considering the following factors:
- Child’s relationship with each parent.
- Ability of each parent to provide proper care for the child during the period of responsibility, which includes arranging the child’s care by others as required.
- Relative fitness and competence of each parent.
- Willingness of each parent to accept all the responsibilities of parenting including the care at particular times and giving up the care to the other parent at particular times.
- How the child and each parent can strengthen and maintain their relationship.
- How the child and each parent communicate and interact with one another and how this can be improved.
- Distance between the residences of both parents.
- Ability and willingness of each parent to let the other to provide care for the child without any intrusion and also respect the other parent’s rights, responsibilities and privacy.
- Present physical and mental ability of each parent to care for the child.
- Evidence of any child or spousal abuse.
- Any other relevant factors.
The decision of how the children will be supported financially must also be made. This essentially arises from one parent paying support to the other parent.
The child support is determined by considering the child’s needs and the ability of each parent to meet these needs. This is determined by the child support guidelines of Wyoming.