Wyoming Divorce Package For Plaintiff With No Children Form
This divorce forms package is approved by the Wyoming Courts. Use of this package is limited to Petitioners of divorce cases involving no minor children. It allows any resident of the State to file for divorce without legal assistance.Download
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Divorce (No Minor Children) Revised October 201 2 Packet 3 Divorce (No Minor Children ) Forms and Procedures For Wyoming PLAINTIFF 201 2 Published by Wyoming Supreme Court 2301 Capitol Avenue Supreme Court Building Cheyenne, WY 82002 List of Forms Revised October 2012 Page 1 of 1 LIST OF FORMS – PACKET 3 PLAINTIFF DIVORCE (NO MINOR CHILDREN ) 1. List of Forms 2. Overview 3. Family Law Information and Instructions 4. Checklist 5. Civil Cover Sheet 6. Vital Statistics Form 7. Complaint for Divorce 8. Summons 9. Acknowl edgement and Acceptance of Service 10 . Initial Disclosures 11. Reply to Counterclaim 12. Application for Entry of Default 13. Affidavit in Support of Default 14. Entry of Default 15. Affidavit for Divorce Without Appearance of Parties 16. Request for Setting 17. Order Setting Hearing 18. Order Setting Divorce Trial and Requiring Pretrial Statements 19. Pretrial Disclosures 20 . Decree of Divorce 21. Certificate of Mailing Decree of Divorce 22. List of Addresses for the Clerk of District Court offices *All underlined forms are required in a divorce action where the parties agree. **Other forms may be required by your Court. Overvie w: Divorce (No Minor Children) Revised October 2012 Page 1 of 3 OVERVIEW People who appear for themselves without an attorney are considered to be “self - represented” and are also known as “pro se” litigants. This packet is often referred to as the “pro se divorce packet .” These packets work best when parties are abl e to agree and become more difficult when there are children, disagreements about property, financial interests, violence, harassment or coercion. Many areas of family law are very complicated, and some courts in the State of Wyoming require certain thing s that others courts do not. Therefore, it is not possible to include all legal solutions available to people in a divorce action in a single packet. Again , this packet will be most useful for people involved in an uncontested divorce (i.e., you both agr ee on all matters) . There are other types of actions available, including temporary orders on child custody, support, alimony and restraining orders that are not included in this packet and might be easier to obtain with an attorney. These forms have bee n created to benefit the majority of people who represent themselves while also understanding that people with complex or emergency circumstances may continue to find themselves better served by getting an attorney. We hope you find this packet and the r esources that it contains helpful. This information packet is intended to provide general information to obtain a divorce. There is no guarantee these forms are still accurate and/or current. The information in this packet is not int ended to replace an attorney. If you represent yourself, YOU PROCEED AT YOUR OWN RISK. You must decide which forms apply to your situation. DO NOT USE all forms, as some forms may not apply. Fill out the necessary forms completely and correctly. Print or type all of the documents. DO NOT SIGN YOUR NAME WHERE THE JUDGE OR CLERK SHOULD SIGN. DOMESTIC/FAMILY VIOLENCE: If you or your children have been a victim of family (domestic) violence, it is recommended that you find an attorney to help you. There m ay be assistance available even if you cannot afford an attorney. Contact the Wyoming Coalition Against Domestic Violence & Sexual Assault (1 -307 -755 -0992), Legal Aid of Wyoming ( 1 -877 -432 -9955) or the Wyoming State Bar (1 -307 -632 -9061) www.wyomingbar.or g. If you have concerns about confidential information such as addresses and/or social security numbers, please consult an attorney and do not attempt to do this on your own. You should also know that Protection Orders and Stalking Orders are available fr ee of charge at the circuit court clerk’s office. Please call the Wyoming Coalition Against Domestic Violence & Sexual Assault for assistance in obtaining domestic violence protection or stalking orders (1 -307 -755 -0992). If you have ever obtained a pro tection order involving your spouse, you should include this information in the Complaint for Divorce or Counterclaim under the “Other Proceedings” section. Overvie w: Divorce (No Minor Children) Revised October 2012 Page 2 of 3 LAWS: All laws and rules that apply to attorneys apply to you. It is your responsibility to properly prepare and file the necessary documents. The Judge wi ll not sign orders that are incorrect or incomplete, nor will the Judge give you legal advice or make corrections for you. You should read Title 20 of the Wyoming Statutes (the divorce laws), and you should also read the Wyoming Rules of Civil Procedure. Most of the District Courts in the State of Wyoming have a courthouse library or county library where these laws and rules can be read. You may also look up these laws and rules on the internet at: www.courts .state.wy.us and clicking on “law library”. Some courts have special forms they want you to use in addition to the forms contained in this packet. Check with the clerk before you file your documents. Clerks May Not Help You Fill Out the Forms. Unless your county has a court facilitator, employees in the Clerk of District Court’s office and in the Judge’s office cannot help you or give you legal advice. The Judge Cannot Talk to You, Answer Your Questions or Assist You. Ex parte communication is comm unication with the Judge with only one party present. If you have something you need to tell the Judge, you must ask for a hearing and give notice to the other party or file a written statement in the Court file and send a copy of the written statement to the other party. Situations that Need an Attorney. Federal law may impact the division of retirement benefits, employer -provided health insurance, or other benefits which arise out of the employment of either party , and your settlement terms may not be honored by the employer or the plan administrator of the employee benefits plan if your divorce decree is not properly completed or if a “qualified domestic relations order” (QDRO) is required. In addition, in the division of retirement benefits, ther e may be tax consequences which you may not anticipate. If your divorce involves issues like these, see an attorney to discuss tax consequences or the terms of a QDRO, or, if dealing with insurance issues, a “qualified medical child support order .” In ad dition to the above situations, you should consult an attorney if: You are a vic tim of domestic/family violence The other party hires an attorney You or the other party are contemplating filing bankruptcy You or the other party expect to receive money bec ause of a personal injury You or the other party own a business You or the other party have significant assets or debts You or the other party own real estate Truthfulness. It is absolutely essential that you be completely honest and accurate in completi ng all forms. There are penalties for attempting to mislead the Court. Overvie w: Divorce (No Minor Children) Revised October 2012 Page 3 of 3 You should read Wyoming Rules of Civil Procedure, Rule 11 (representations to the court) and Wyoming Statute § 6 -5-301 (perjury). Unauthorized Practice of Law Notice. The purpose of this packet is to assist those persons who are doing their own divorce. It may be an unauthorized practice of law for a person who is not a licensed attorney to assist others in obtaining a divorce. Such practice could subject a guilty party to punishme nt for contempt of court. You are reminded that if you choose to continue without an attorney, you are expected to know what to do and how to do it. The Wyoming Supreme Court has said: “A pro se litigant (one without an attorney) will be granted no great er right than any other litigant and he must expect and receive…the same treatment as if represented by an attorney…” In other words, if you do not have an attorney you will be held to the same standards as a person with an attorney. Family Law Information and Instructions Revised October 2012 Page 1 of 11 FAMILY LAW INFORMATION AND INSTRUCTIONS CONFIDENTIALITY: If you have concerns about keeping information confidential , such as your address and/or social security number, please consult an attorney. You should also know that Domestic Violence Protection Orders or Stalking Orders are available free of charge at the circuit court clerks’ offices. You may request assistance in obtaining Domestic Violence Protection or Stalking Orders from your local domestic violence or sexual assault program or you may cal l the Wyoming Coalition Against Domestic Violence & Sexual Assault (1-307 -755 - 0992) . There are also private attorneys who may be willing to assist clients in these matters. If you have ever obtained a Domestic Violence Protection Order, this information should be indicated in the Complaint for Divorce or the Counterclaim . A Domestic Violence Protection Order generally will be in effect for up to one (1) year and any provision included in that order (such as child custody and/or support) will end when t he order expires. If any orders are entered as part of your divorce, custody or paternity action, those orders trump conflicting pro visions in a domestic violence protection or stalking order. Read through the following information and instruction s befor e completing the forms to ensure that you qualify to file a divorce in Wyoming. To file a complaint you must live in Wyoming for at least sixty (60) days before you file. Step 1. Getting Started . The following forms are required in all uncontested divorc e cases. It is recommended that you complete all of these forms before you file the Complaint for Divorce so that they will be ready to be filed at the appropriate time: 1. Civil Cover Sheet 2. Vital Statistics form 3. Complaint for Divorce 4. Summons 5. Acknowledgemen t and Acceptance of Service 6. Affidavit for Divorce Without Appearance of Parties 7. Decree of Divorce **Other forms may be required depending on the Court and on your situation. If additional forms are needed, they will be discussed below where applicable. Step 2. File your divorce case . A divorce case begins with the filing of a Complaint for Divorce . A Complaint for Divorce is a written request to the court for a divorce. The person who originally asks for this legal action is called the Plaintiff and r emains the Plaintiff throughout the case. The Complaint for Divorce is given to the Clerk of the District Court , whose office is usually located in the county courthouse or a branch of the county courthouse. A list of the Clerk of District Court for each Judicial District is included in the packet. You will file your case in the District Court in the county where either you or your spouse resides. A case number, also called a civil action number , is assigned and an official court file is opened. Deliver ing the Family Law Information and Instructions Revised October 2012 Page 2 of 11 Complaint for Divorce to the clerk’s office is called filing a case. A filing fee is req uired. Ask the Clerk what the amount of the filing fee is and what forms of payment are accepted. A. When you file the Complaint for Divorce , you will al so need to file the Civil Cover Sheet . Follow the instructions that accompany this form. B. You will also need to file the Vital Statistics form . Fill out all portions of this form EXCEPT the “Decree” section, which will be completed by the Clerk when your divorce is final. C. You will also need to have the Clerk sign (a/k/a “issue”) the Summons . Take the original and two (2) copies of each document to the Clerk ’s office. The Clerk will give copies of each document back to you after stamping them with the date they were filed. This is called a “ file stamp .” You should keep one copy of each document for your records. The other set of doc uments will need to be served upon the Defendant. Step 3. Serve the Defendant . Once a case has been fi led, a file -stamped copy must be formally given to (a/k/a served on) the Defendant. The person against whom the original legal action is being requested is called the Defendant , and he or she is expected to answer the Complaint for Divorce . The Defendant remains the Defendant throughout the case. Personal service of the Complaint for Divorce and Summons on the Defendant by a Sheriff is required for the Complaint for Divorce unless the Defendant completes an Acknowledgment and Acceptance of Service form. Formal service is required for the Complaint for Divorce so the Court has proof that the other party actually received the papers. Other forms of service exist, but these are the easiest methods that meet the formal service requirement for a Complaint fo r Case Number : When you start a lawsuit by filing the paperwork with the Clerk of the District Court, a case number will be assigned by the Clerk. You must include that case number on all further paperwork in the “ capt ion .” The caption is the top section of a pleading, motion, and complaint stating the name of the Plaintiff, Defendant, the District Court the case is filed in and the case number. RECAP for Step 2 : To start your divorce case, you will need to file the following documents with the Clerk of the D istrict Court ’s office located in the county court house in the county where either you or your spouse resides: A. Civil Cover Sheet a. Follow the instructions that accompany this form for help completing it correc tly; B. Vital Statistics Form a. Fill out all portions, EXCEPT the “Decree ” section, which will be completed by the Clerk when your divorce is final ; C. Complaint for Divorce ; and D. Summons ; E. P ay the filing fee ; F. Take the ori ginal and two (2) copies of each document to the Clerk ’s office. a. The Clerk will give both copies back to you after file -stamping them. b. You should keep one copy for your records. c. The other set of documents will need to be served upon the Defendant. Family Law Information and Instructions Revised October 2012 Page 3 of 11 Divorce. If you cannot serve the Defendant by either of these methods, ask the Clerk for additional forms for alternative methods of service. You MUST give the Defendant official notice that you have filed for divorce within 90 days from the date you f iled the Complaint for Divorce . This is done by serving a file -stamped copy of the Summons and Complaint for Divorce upon the Defendant or by having the Defendant sign a n Acknowledgment and Acceptance of Service form stating a copy of those documents were received. If you do not serve the Defendant within 90 days, your case can be dismissed by the Court . A. How to Serve the Defendant. Choose ONLY ONE of the following options to serve the D efendant: Option 1 – Service by Sheriff Summons . It is recomme nded to have a Sheriff in the county where the Defendant can be found serve him or her with the papers. There will be a separate service fee (usually fifty ($50 .00) dollars in Wyoming). You can contact the Sheriff’s department in the county where the Defendant lives to determine the fee charged by the Sheriff. This is also true if your spouse is going to be served out of state. You will need to provide the Sheriff with a file -stamped copy of the Summons and Complaint for Divorce to be served on the Defendant. Proof of Service. The Sheriff’s office will complete the last page of the Summons called the “ Return ” (or they may have their own form - an “ Affidavit of Service ”) and will usually file the original with the Clerk ’s office and send you a copy. I f you receive what looks like the original “ Return ” or “ Affidavit of Service ” from the Sheriff, call the Clerk ’s office to ensure the original has been filed. If it has not, then file the original with the Clerk ’s office and keep a copy for yourself. Thi s is the proof that the Defendant was given proper notice. Note : Once the Defendant has been served, you MUST file the original Summons and Return (or Affidavit of Service ) with the Clerk’s office so that the Judge knows that proper service was made. OR : Option 2 – Acknowledgement and Acceptance of Service . If the Defendant agrees, he or she may sign a form stating that a copy of the Summons and Complaint for Divorce were received. If the Defendant agrees, you will need to fill out an Acknowledgement and Acceptance of Service form. The Defendant must sign this document in front of a Nota rial Officer . Notarizing Signatures . Some forms will require you to have your signature notar ized. Notarial Officers may administer the oath and witness your signature, or in many cases, Clerks of Court will be willing to administer the necessary oath. Each Clerk’s office has their own policy so check with them first before seeking notarization of your signature on the forms. Family Law Information and Instructions Revised October 2012 Page 4 of 11 Proof of Service. Once the Acknowledgement and Acceptance of Service form is signed, take the original and two (2) copies of the signed form to the Clerk’s office for filing. You should keep one copy for your records and provide the other copy to the Defendant. Note : You must file the signed Acknowledgment and Acceptance of Service form and the original Summons with the Clerk’s office so that t he Judge knows that proper service on the Defendant was made. Step 4. Wait for the Defendant’s time to Answer to expire . Once the Defendant is served, he or she has 20 days (if served in the State of Wyoming or 30 days if served out -of-state) to file an Answer to the Complaint for Divorce . You must wait for the appropriate time period to expire before you can proceed with the divorce case. You must wait the 20 days (or 30 days if se rved out -of-state) even if the Defendant tells you that he or she is not going to file an Answer . Computation of Time Limits . - In computing most time limits, unless otherwise stated, the day the document is served shall not be included. The last day of the time period is included, unless it lands on a Satur day, a Sunday, or a legal holiday, or, if the Court house is closed then the time limit will be on the very next day that the Court house is open. If you have questions about time limits you should seek the advice of an attorney. While waiting, move on to Step 5 . You can also use this time to continue to work on the other required forms to be sure they are filled out completely and correctly. REC AP for Step 3 : You MUST give the Defendant official notice that you have filed for divorce within 90 days from the date you filed the Complaint for Divorce . Choose one of the following methods: Option 1 – Service by Sheriff A. Provide a copy of the file -sta mped Summons and Complaint for Divorce to the Sheriff where the Defendant lives; B. Pay the service fee ; and C. Once the Defendant is served, be sure the original Summons and the Return or the Affidavit of Service are filed with the Clerk’s office; OR Option 2 – Acknowledgement and Acceptance of Service A. Provide a file -stamped copy of the Summons and Complaint for Divorce to the Defendant; B. Have the Defendant sign the Acknowledgment and Acceptance of Service form in front of a Notarial Officer; C. File the original Acknowledgment and Acceptance of Service form with the Clerk’s office; and D. File the original Summons with the Clerk’s office. Family Law Information and Instructions Revised October 2012 Page 5 of 11 Step 5. Initial Disclosures . The law requires certain information be made available at least thir ty (30) days after the Defendant is served, including a schedule of financial assets; schedule of non -financial assets; schedule of all debts owed individually or jointly; location(s) of safety deposit box(es); employment information; information regarding other income and retirement accounts; and a summary of the facts believed to support the claim of superior entitlement to custody where child custody is at issue. Both parties are required to provide this information in order to fully disclose all assets and debts of the parties. EXCEPTON : If you and the Defendant agree on all issues in your divorce and you both are signing the Decree of Divorce , then you do NOT need to complete the Initial Disclosures and you can move on to Step 6 . A. WHEN TO SER VE : Initial D isclosures must be sent to the Defendant (or his/her attorney) WITHIN 30 DAYS AFTER THE DEFENDANT IS SERVED. Be sure to keep a copy of this document for your records. B. DO NOT FILE THE INITIAL DISCLOSURES WITH THE COURT . This form is only gi ven to the Defendant (or his/her attorney). ************************************************************************ RECAP for Step 4: You MUST wait for the Defendant’s time to file an Answer to expire before you can proceed with your divorce cas e. In the meantime: A. Mark on the calendar when the Defendant’s time to Answer expires; B. Move on to Step 5 while waiting; and C. Use this time to ensure the required forms are filled out completely and correctly. Please note that “A party must make its disclo sures based on the information then reasonably available to it and is not excused from making its disclosures because it has not fully completed its investigation of the case or because it challenges the sufficiency of another party's disclosures or becaus e another party has not made its disclosures.” RECAP for Step 5: You MUST provide your Initial Disclosures to the Defendant within 30 days after the Defendant is served with the Summons and Complaint for Divorce UNLESS you and the Defendant agree on all issues in your divorce and you both are signing the Decree of Divorce . A. Mark on the calendar the deadline to send your Initial Disclosures ; and B. Send your Initial Disclosures to the Defendant by the deadline . C. DO NOT file the Initial Disclosures with the Cl erk’s office . Family Law Information and Instructions Revised October 2012 Page 6 of 11 Step 6. Once the time for the Defendant to file an Answer has expired and , if applicable, you sent your Initial Disclosures to the Defendant, then several options exist to move your case forward to get a Decree of Divorce . Pick the option that best describes your situation: Option A . If the Defendant filed an Answer or Answer and Counterclaim and you both agree on all of the issues of your divorce, follow option A below. Option B . If the Defendant did not file an Answer or Answer and Counterclaim , follow option B below. Option C. If the Defendant filed an Answer or Answer and Counterclaim and you do NOT agree on all of the issues of your divorce, follow option C . Option A. The following instructions apply if the D efendant file d an Answer or Answer and Counterclaim , and you both agree on all of the issues of your divorce . If you and the Defendant agree on the issues invol ved in your divorce, then you will need to c omplete the following: A. Fill out an Affidavit for Divorce Without Appearance of Parties . B. Fill out a Decree of Divorce . This form will need to be filled out completely, signed by both you and th e Defendant and both of your signatures notarized. C. Other Form (s): The Court may also require a Certificate of Mailing or other forms depending on the county where your case is filed. Ask the Clerk if additio nal forms are required before your De cree of Divorce will be entered. D. Copies and Envelopes . Take an original and two (2) copies of each of the above documents for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Defendant with enough postag e to cover the cost of mailing the Decree of Divorce to you and the Defendant). A copy of any documents that you file (other than the Decree of Divorce ) must be sent to the Defendant on the date that you filled out on the Certificate of Service on each d ocument. If a hearing is not required by your Court , the Clerk will mail a copy of your Decree of Divorce if accepted by the Court . If a hearing is required by your Court , follow the next steps: E. Hearing . In some Court s, a hearing is required before the Judge will sign the Decree of Divorce . If this is the case, you will need to request a hearing by completing the Request for Setting . If you have reached an agreement, check the box that states that the parties Family Law Information and Instructions Revised October 2012 Page 7 of 11 have entered into a settlement agreeme nt. Indicate how much time you will need for the hearing (usually 15 minutes if there is an agreement). You will file the Order Setting Hearing with the Clerk ’s office and they will fill in the hearing date and time and mail a copy to you and the Defenda nt. You will need to provide an addressed, stamped envelope for you and the Defendant to the Clerk . The se documents are additional forms contained in your packet. F. Evidence . At the hearing, you will need to inform the Judge that you have lived in Wyomin g for at least 60 days immediately before you filed the Complaint for Divorce , the reason(s) why there are irreconcilable differences in the marriage and the settlement you reached (who gets what) and give the Decree of Divorce to the Judge. The Judge may ask you questions. The Judge will not guide you through the hearing, tell you how to proceed or advise you on the law. Following the hearing, the Judge will make any necessary changes to the Decree of Divorce and will sign it. G. When will your divorce be come final ? Your divorce will not be final until the Judge signs the Decree of Divorce and it is filed with the Clerk . It may take several days for the Judge to sign the Decree of Divorce . You must verify with the Clerk that the Decree of Divorce has be en file -stamped before you can be sure your divorce is final. RECAP for Option A : If you and the Defendant agree on all issues in the divorce and the Defendant filed an Answer or Answer and Counterclaim , complete the following : Remember: Take an origin al and two copies of each document to file with the Clerk’s office. You will need to send a copy of any filed document to the Defendant unless otherwise stated below. 1. Affidavit for Divorce Without Appearance of Parties 2. Decree of Divorce Take an original and two (2) copies of the Decree of Divorce for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Defendant with enough postage to cover the cost of mailing the Decree of Divorce to you and the Defendant ). 3. Complete and file any additional documents required by your Court. 4. If your Court requires a hearing before entering a Decree of Divorce , then you will also need to file and do the following: Request for Setting Order Setting Hearing Take an original and two (2) copies of the Order Setting Hearing for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Defendant with enough postage to cover the cost of mailing the Order Setting Hearing to you and the Defe ndant). Attend the Hearing Your divorce is final when the Decree of Divorce has been signed by the Judge and filed by the Clerk. Option B. If the Defendant does not file an Answer or Answer and Counterclaim , obtain a default d ivorce by following thes e steps : A. Default Divorce . After the required waiting period has expired, you may obtain what is referred to as a divorce by default if the Defendant does NOT file an Answer or Answer and Counterclaim to the Complaint for Divorce. Family Law Information and Instructions Revised October 2012 Page 8 of 11 B. Necessary forms . Fill out and sign the Application for Entry of Default and Affidavit in Support of Default . Take an original and two (2) copies of these documents to the Clerk and the blank Entry of Default . If your paperwork is correct, the Clerk will sign the Entry of Def ault . These are additional forms located in your packet. C. Additional Documents . After the Entry of Default is signed by the Clerk , complete Step 6 , Option A, items A through D above. MAKE SURE TO MARK “DEFAULT” ON DECREE. D. Default Hearing . Some Cour ts will not enter a Default Decree of Divorce unless there is a hearing. Ask the Clerk if this is required for your Court . If it is, fill out a Request for Setting and request 15 minutes for the hearing. You will file the Order Setting Hearing with the Clerk ’s office and they will fill in the hearing date and time and mail a copy to you and the Defenda nt. You will need to provide an addressed, st amped envelope for you and the Defendant to the Clerk . E. Evidence . At the hearing, you will need to inform th e Judge that you have lived in Wyoming for at least 60 days immediately before you filed the Complaint for Divorce , the reason(s) why there are irreconcilable differences in the marriage and the settlement you reached (who gets what) and give the Decree of Divorce to the Judge. The Judge may ask you questions. The Judge will not guide you through the hearing, tell you how to proceed or advise you on the law. Following the hearing, the Judge will make any necessary changes to the Decree of Divorce and wil l sign them. F. When will your divorce become final ? Your divorce will not be final until the Judge signs the Decree of Divorce and it is filed with the Clerk . It may take several days for the Judge to sign the Decree of Divorce . You must verify with the Clerk that the Decree of Divorce has been file -stamped before you can be sure your divorce is final. The time limit to appeal a decree begins to run from the day the Decree of Divorce is filed with the Clerk ’s office. RECAP for Option B : If the Defenda nt did NOT file an Answer or Answer and Counterclaim , complete the following : Remember: Take an original and two copies of each document to file with the Clerk’s office. You will need to send a copy of any filed document to the Defendant unless otherwis e stated below. 1. Application for Entry of Default 2. Affidavit in Support of Default 3. Entry of Default (Clerk will sign if your paperwork is correct) 4. Affidavit for Divorce Without Appearance of Parties 5. Decree of Divorce - MAKE SURE TO MARK “DEFAULT” ON DECREE. A. Take an original and two (2) copies of the Decree of Divorce for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Defendant with enough postage to cover the cost of mailing the Decree of Divorce to you and the Defendant). 6. Complete and file any additional d ocuments required by your Court 7. If your Court requires a hearing before entering a Decree of Divorce , then you will also need to file and do the following: Family Law Information and Instructions Revised October 2012 Page 9 of 11 A. Request for Setting B. Order Setting Hearing C. Take an original and two (2) copies of the Order Setting Hearing for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Defendant with enough postage to cover the cost of mailing the Order Setting Hearing to you and the Defendant) D. Attend the Hearing Your divorce is final when the Decree of Divorce has been signed by the Judge and filed by the Clerk. Option C. If the D efendant Answers or Answers and Counterclaims , and you and the D efendant do NOT agree on all issues of your divorce, you will need to have a trial : A. You must file a Reply to the Counterclaim . If the Defendant has filed an Answer and Counterclaim for a divorce, you will have a time limit (usually 20 days) to file a written response ( Reply to Counterclaim ) to the counterclaim. The original, signed copy of your reply must be filed with the Clerk and a copy must be sent to the Defendant (or his/her attorney). Caution: If you do not file the original Reply to Counterclaim with the Clerk withi n the time allowed, the Defendant can seek a default divorce against you and may get what he/she asked for in his/her counterclaim. B. Trial . If there is no agreement, your case will have to be heard and decided by a Judge at a trial. Caution : It is stron gly recommended that you hire or find an attorney to represent you at trial, though you may represent yourself. You proceed at your own risk and will be expected to know the laws. C. Request a trial date. You will need to request a hearing by completing a Request for Setting . Write in “trial” where it asks the type of hearing. Indicate how much time you think it will take for you and the other party to present your evidence and write that in (usually one (1) to three (3) hours). You also need to decide wh ether or not you want a Court reporter to record the proceeding. If you request a Court reporter, you will be responsible for paying the fees. SEE BELOW FOR DETAILS ON GETTING A COURT REPORTER. It is very difficult to appeal the Judge’s decision if you do not get a Court reporter to take down everything that is said at the trial. You must file the Request for Setting and the Order Setting Divorce Trial and Requesting Pretrial Statements with the Clerk ’s office and someone there will fill in the hearing date and time and mail a copy to you and the other party. You will need to provide an addressed, stamped envelope for you and the Defendant to the Clerk . Both the Request for Setting and the Order Setting Divorce Trial and Requiring Pretrial Statements are additional forms contained in your packet. Family Law Information and Instructions Revised October 2012 Page 10 of 11 D. Pretrial Disclosures . - Both parties must provide to the other party AND PROMPTLY FILE WITH T HE COURT the Pretrial Disclosures regarding the evidence that it may present at trial. If you have questions, yo u should contact an attorney. When are the Pretrial Disclosures due? Unless otherwise directed by the Court , these disclosures must be made at least 30 days before trial . Take the original and two (2) copies to the Clerk for filing. Keep one copy for your records and send the other copy to the Defendant (or his/her attorney). E. Settlement before trial. In the event that your case settles before the trial, you must present the Court with the agreement (or completed and signed Decree of Divorce ) in writi ng before the Court will take the trial off of the schedule. There will be no continuances or canceling of the trial date based on telephone calls. If you need a continuance, you should contact an attorney for assistance in seeking one. F. Court reporter. If you wish to have a Court reporter you are required to provide notice to the official Court reporter at least three (3 ) working days before the matt er is set for hearing. The three -day notice requirement will not be waived by the Court. The notice is required for all civil matters including jury trials. Payment of the statutory reporting fee of $45.00 per day must be paid to the official Court reporter prior to the commencement of the hearing/trial. Checks for the statutory reporting fee shall be mad e payable to the Wyoming State Treasurer. G. Evidence and W itnesses. At the hearing, you will need to present your evidence and witnesses. If the Order Setting Divorce Trial and Requesting Pretrial Statements is entered (signed by the judge), you must fo llow the terms and provide the Court with the information requested in that document, including copies of exhibits you want to introduce at the trial and a list of your proposed witnesses and what their testimony is going to be about within the time frame ordered (usually 3 to 5 days prior to the trial). Under the law, the Judge cannot help you or assist you at trial. You are on your own without an attorney. H. Final Decision ( Decree of Divorce ). Following the trial, the Judge will make a decision or may t ake the matter under advisement, meaning he or she will need to think further before making a determination. If the Judge instructs you, you must take that decision and type it into the Decree of Divorce incorporating the Judge’s decision. You are again reminded that, if you choose to continue without an attorney, you are expected to know what to do and how to do it. The judge will not guide you through the trial/hearing, tell you how to proceed or advise you on the law. You will also need to complete a ny additional forms that may be required by your Court. Family Law Information and Instructions Revised October 2012 Page 11 of 11 I. When will your divorce become final ? Your divorce will not be final until the judge signs the Decree of Divorce and it is filed with the Clerk of Court . It may take several days for the judge to si gn the Decree of Divorce . You must verify with the Clerk ’s office that the Decree of Divorce has been file -stamped before you can be sure your divorce is final. The time limit to appeal a decree begins to run from the day the Decree of Divorce is filed w ith the Clerk ’s office. RECAP for Option C : If the Defendant filed an Answer or Answer and Counterclaim and you do NOT agree on the issues, complete the following: Remember: Take an original and two copies of each document to file with the Clerk’s of fice. You will need to send a copy of any filed document to the Defendant unless otherwise stated below. 1. If the Defendant filed an Answer and Counterclaim , file a Reply to the Counterclaim within 20 days after you receive the Answer and Counterclaim . 2. Request a trial date a. Request for Setting b. Order Setting Divorce Trial and Requiring Pretrial Statements c. Take an original and two (2) copies of the Order Setting Divorce Trial and Requiring Pretrial Statements for filing with the Clerk and two (2) addresse d, stamped envelopes (one addressed to you and one to the Defendant with enough postage to cover the cost of mailing the Order Setting Divorce Trial and Requiring Pretrial Statements to you and the Defendant). 3. File your Pretrial Disclosures and Pretrial M emorandum 4. At least 3 working days before the trial, reque st a court reporter, if desired 5. Attend the Trial 6. Decree of Divorce a. Take an original and two (2) copies of the Decree of Divorce for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Defendant with enough postage to cover the cost of mailing the Decree of Divorce to you and the Defendant). 7. Complete and file any additional documents required by your Court. Your divorce is final when the Decree o f Divorce has been signed by the Judge and filed by the Clerk. Checklist for Packet 3 October 2012 Page 1 of 6 CHECKLIST FOR PACKET 3 PLAINTIFF DIVORCE (NO MINOR CHILDREN) STEP 1. These forms are required in all d ivorce cases where you and the D efendant agree on all of the issues: Civil Cover Sheet Vital Statistics F orm Complaint for Divorce Summons Acknowledgmen t and Acceptance of Service Affidavit for Divorce Without Appearance of Parties Decree of Divorce *Other forms may be required based on your situation or on the Court where you are filing your divorce. If other forms are required based on your situation, they will be discussed below. You will need to check with the Clerk to determine if the Court requires further documents. STEP 2. File your Divorce in the District Court where either you or your spouse resides within the State of Wyoming. Take an origin al and two copies with you. The Clerk will keep the original. Keep one copy for yourself. The other copy is for service upon the Defendant as described in Step 3 . Civil Cover Sheet Vital Statistics Form Complaint for Divorce Summons Pay f iling fee (check with Clerk for amount and payment options) STEP 3. Serve the Defendant (Choose 1 option below) Defendant signed the Acknowledgement and Accept ance of Service form File original Acknowledgment and Acceptance of Service form and the original Summons with the Court; OR Defendant was personally served by the Sheriff File original Summons and the original Return or Affidavit of Service completed by Sheriff with the Court STEP 4. Wait the required time for Defendant to file an Answer to the Complaint. 20 days have elapsed. Defendant was personally served in the State of Wyoming or signed an Acknowledgement and Acceptance of Service form; OR 30 days have elapsed . Defendant was personally served outside the State of Wyoming ; OR Checklist for Packet 3 October 2012 Page 2 of 6 Exception : If you and the Defendant agree on all issues in your divor ce and you both are signing the Decree of Divorce , then you can move on to Step 6 . STEP 5. Complete the Initial Disclosures Send the Initial Disclosures to the Defendant within 30 days after the Defendant was personally served by the Sh eriff or signed the Ackn owledgment and Acceptance of Service form. DO NOT FILE the Initial Disclosures with the Court. Exception : If you and the Defendant agree on all issues in your divorce and you both are signing the Decree of Divorc e, then you do NOT need to complete the Initial Disclosures and you can move on to Step 6 . STEP 6. There are three options to choose from on this step depending on your situation. Review each option carefully and pick the option that best describes yo ur situation. Option A : If the Defendant filed an Answer or Answer and Counterclaim and you both agree on all issues, complete Option A . Option B : If the Defendant did not file an Answer or Answer and Counterclaim , complete Option B . Option C : If the Defendant filed an Answer or Answer and Counterclaim and you do NOT agree on all issues, complete Option C . OPTION A: If the Defendant filed an Answer or Answer and Counterclaim and you both agree on all issues, fill out and file the following documents to finish your Divorce: Reply to Counterclaim . If the Defendant filed an Answer and Counterclaim , you must file a Reply to Counterclaim within 20 days from the date the Defendant filed the Answer and Counterclaim . You do NOT need to comple te this form if the Defendant only filed an Answer . Instead, go to the next box. Affidavit for Divorce Without Appearance of Parties Decree of Divorce Copies and Envelopes: Take an original and 2 copies of each form to the Clerk for filing One envelope addressed to you with postage for the Clerk to mail a copy of the Decree of Divorce to you One envelope addressed to the Defendant with postage for t he Clerk to mail a copy of the Decree of Divorce to the D efendant Checklist for Packet 3 October 2012 Page 3 of 6 Mail a copy of the other forms to the Defendant and k eep a copy for your records Additional Forms : The Court may also require additional forms depending on the county where your case is filed , such as a Certificate of Mailing . Ask the Clerk if additional forms are required. Copies and Envelopes for each additional form: Take an original and 2 copies of each additional form to the Clerk for filing Mail a copy of any additional form filed with the Clerk to the Defendant and k eep a copy for your records Hearing. Some Courts require a hearing before the Judge will sign the Decree of Div orce . Ask the Clerk if this is required. If so, you will need to request that the Court set a date to hold the hearing. Request for Setting Order Setting Hearing (Judge will fill out date and time) Take an envelope addressed to you with postage for the Clerk to mail a copy of the Order Setting Hearing to you Take an envelope addressed to the Defendant with postage for the Clerk to mail a copy of the Order Setting Hearing to the Defe ndant. Mail a copy of the Request for Setting to the Defendant and keep a copy for your records Attend the Hearing : Inform the Judge that you have lived in Wyoming for at least 60 days before you filed the Complaint fo r Divorce , the reasons why there are irreconcilable differences in the marriage and the settlement you reached (who gets what) and give the Judge the Decree of Divorce you completed. Your divorce will be complete when the Judge signs the Decree of Divorce and it is filed with the Clerk. OPTION B. If the Defendant does NOT file an Answer , fill out and file the following documents to finish your Divorce: Application for Entry of Default Affidavit in Support of Default Take a blank Entry of Default for the Clerk to sign Affidavit for Divorce Without Appearance of Parties Decree of Divorce Copies and Envelopes. Take an original and 2 copies of each form to the Clerk for filing . Checklist for Packet 3 October 2012 Page 4 of 6 Take an envelope addressed to you with postage for the Clerk to mail a copy of the Decree of Divorce to you . Take an envelope addressed to the Defendant with postage for th e Clerk to mail a copy of the Decree of Divorce to the Defendant . Mail a copy of the other forms to the Defendant and keep a copy for your records. Additional Forms : The Court may also require additional forms depending on the county where your case is filed , such as a Certificate of Mailing . Ask the Clerk if additional forms are required. Copies and Envelopes for each additional form: Take an original and 2 copies of each additional form to the Clerk for filing . Mail a copy of any additional form filed with the Clerk to the Defendant and k eep a copy for your records . Hearing. Some Courts require a hearing before the Judge will sign the Decree of D ivorce . Ask the Clerk if this is required. If so, you will need to request that the Court set a date to hold the hearing. Request for Setting Order Setting Hearing (Judge will fill out date and time) Take an envelope addressed to you with postage for the Clerk to mail a copy of the Order Setting Hearing to you . Take an envelope addressed to the Defendant with postage for the Clerk to mail a copy of the Order Setting Hearing to the Defendant. Mail a copy of the Request for Setting to the Defendant and keep a copy for your records. Attend the Hearing : Inform the Judge that you have lived in Wyoming for at least 60 days before you filed the Complaint f or Divorce , the reasons why there are irreconcilable differences in the marriage and the settlement you reached (who gets what) and give the Judge the Decree of Divorce you completed. Your divorce will be complete when the Judge signs the Decree of Divorc e and it is filed with the Clerk. Checklist for Packet 3 October 2012 Page 5 of 6 OPTION C. If the Defendant files an Answer or Answer and Counterclaim , and you both do NOT agree on all of the issues of your divorce, fill out and file the following forms and attend the trial to finish your Divorce : *Caution: It is strongly recommended that you hire or find an attorney to represent you at trial, even though you may represent yourself. You proceed at your own risk and will be expected to know the rules and laws. Reply to Counter claim . If the D efendant filed an Answer and Counterclaim , you must file a Reply to Counterclaim within 20 days from the date the Defendant filed the Answer and Counterclaim . You do not need to complete this form if the Defendant only filed an Answer . If the Defendant only filed an Answer , move to the box with “Request a Trial Date .” Take original and two copies to the Clerk for filing Mail copy to the Defendant and k eep a copy for your records Reque st a Trial Date. Request for Setting Order Setting Divorce Trial and Requesting Pretrial Statements (Judge will fill out date and time) Take original and two copies to the Clerk for filing Take an envelope addressed to you with postage for the Clerk to mail a copy of the Order Setting Divorce Trial and Requesting Pretrial Statements to you Take an envelope addressed to the Defendant with postage for the Clerk to mail a copy of the Order Setting Divorce Trial and Requesting Pretrial Statements to the Defendant Mail a copy of the Request for Setting to the Defendant and k eep a copy for your records Pretrial Disclosures and Pretrial Me morandum File at least 30 days before the trial date Take original and two copies to the Clerk for filing Mail copy to the Defendant and k eep a copy for your records At least 3 work ing days before the trial, reque st a court reporter, if desired Attend the Trial : Pres ent your evidence and witnesses Decision by Judge : The Court will tell you at the end of the trial if it will prepare the Decree of Divorce or if it wants you or the other party to prepare the Decree of Divorce and the terms to include in it. Have a blank Decree of Divorce ready to fill out in case the Judge asks you to prepare the Decree of Divorce . This way, you can fill it out as he gives his ruling. Decree of Divorce (Unless the Court is preparing this for you) Copies and Envelopes. Take an original and 2 copies of each form to the Clerk for filing Checklist for Packet 3 October 2012 Page 6 of 6 Take an e nvelope addressed to you with postage for the Clerk to mail a copy of the Decree of Divorce to you Take an envelope addressed to the Defendant with postage for the Clerk to mail a copy of the Decree of Divorce to the D efendant Mail a copy of the other forms to the Defendant and keep a copy for your records Additional Forms : The Court may also require additional forms depending on the county where your case is filed, such as a Certificate of Mailing . As k the Clerk if additional forms are required. Copies and Envelopes for each additional form: Take an original and 2 copies of each additional form to the Clerk for filing Mail a copy of any additional form filed with the Clerk to the Defendant and k eep a copy for your records Your divorce will be complete when the Judge signs the Decree of Divorce and it is filed with the Clerk. CIVIL COVER SHEET This civil cover sheet and the information contained herein neither replace s nor supplement s the filing s and service of pleadings or other papers as required by law. This form, approved by the Wyoming Supreme Court, is required for the u se of the Clerk of Court for the purpose of initiating the civil docket sheet. ( SEE INSTRUCTIONS ON THE SECOND PAGE OF THIS FORM ) I. CAPTION ____________________ ____ ______________________________ _________ _____________________ Plaintiff Name and Curr ent Address v. ______________________________ Defendant. Docket # ________________________ II. NATURE OF SUIT (Place an “X” in One Box Only) GENERAL CIVIL OTHER CIVIL CONTRACT DISSOLUTION OF MARRIAGE PROBATE □ Appointment/Removal of a Fi duciary □ Business Organization Litigation □ Divorce w/Minor Children □ Ancillary Admin/Foreign Prob □ Arbitration Award Confirmation □ Com. Const. Contract Litigation □ Divorce w/o Minor Children □ Decree of Title Distribution □ Birth Certific ate Amendment/Establishment □ Contract Other (not Debt Collection) □ Judicial Separation □ Determination of Heirship □ Debt Collection □ Annulment □ Letters of Administration □ Declaratory Judgment □ Estate Unspecified □ Emancipa tion of Minor TORT DOMESTIC RELATIONS □ Summary Probate □ False or Frivolous Lien □ PI or WD - Environmental or Toxic Tort □ Custody/Parental Visitation □ Testate/Intestate Estate □ Foreign Judgment □ PI or WD - Fed Employer Liability Act □ Grandparental Visitation □ Will Only Filings □ Foreign Protection Order/Foreign Stalking Order □ PI or WD - Medical Malpractice □ Paternity □ Trust Matters □ Forfeiture of Property □ PI or WD - Product Liability □ Child Support/Parental Contr ibution □ Guardianship □ Governmental Action Environmental Case □ PI or WD - Vehicular □ Child Support w/ Paternity □ Conservatorship □ Injunction □ Personal Injury Unspecified □ UIFSA w/Paternity □ Guardian & Conservatorship □ Material Wi tness/Foreign Subpoena □ Property Damage □ UIFSA □ Name Change □ Tort Unspecified □ Dom Register Foreign Judgment ADOPTION □ Involuntary Hospitalization □ Wrongful Termination of Employment □ TPR State/DFS □ Adoption □ Public Nuisanc e □ TPR Family/Private □ Confidential Intermediary □ Specific Relief □ Structured Settlement Protection Act □ Successor to Civil Trust Appointment CIRCUIT COURT PROPERTY □ Transcript Judgment from Circu it Court □ Small Claims □ Property with Mineral Rights □ Writ of Habeas Corpus □ Forcible Entry and Detainer □ Property w/o Mineral Rights □ Writ of Mandamus □ Stalking Protection Order □ Writ of Replevin □ Family Violence Pr otection Order □ Unspecified III. RELATED CASE(S) IF ANY (see instructions) Docket No. _____________ Judge _______________________ Court (if different) _________________________ Dock et No. _____________ Judge _______________________ Court (if different) _________________________ IV . $ AMOUNT IN CONTROVERSY, (estimated) (see instructions) $____________________________ _______________________________________________________ ___________________ _______________________________ SIGNATURE OF ATTORNEY OF RECORD OR PRO SE LITIGANT DATE INSTRUCTIONS FOR ATTORNEYS OR PRO SE LITIGANTS COMPLETING THE CIVIL COVER SHEET Authority for Civil Cover Sheet The civil cover sheet and t he information contained herein neither replace s nor supplement s the filing s and service of pleadings or other papers as required by law. This form, approved by the Wyoming Supreme Court, is required for the use of the Clerk of Court for the purpose of in itiating the civil docket sheet. Consequently , a civil cover sheet is submitted to the Clerk of Court for each civil case filed. The attorney or pro se litigant filing a case should complete the form as follows: I. Caption. Enter names of the plaintiff and defendant and the address for the plaintiff . If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a governmental agen cy, identify first the agency and then the official, giving both name and title. II. Nature of Suit. Place an “X” in the appropriate box. ONE AND ONLY ONE BOX SHOULD BE CHECKED. If the nature of suit cannot be determined, because the cause of action fi ts more than one nature of suit, select the most determinative. Some descriptions may require clarification . See below: Contract Subtypes Business Organization Litigation (Corporate, Partnership or L.L.C. dissolution or accounting) Contract Other (not d ebt collection) (including Specific Performance but not Wrongful Termination) Property Subtypes Property with Mineral Rights ( e.g., Quiet Title, Ejectment) Property w/o Mineral Rights ( e.g., Adverse Possession, Condemnation, Easements, Ejectment, Gifts, H istoric Preservation Rights, Quiet Title, Solar Rights, Survivor Rights, Title, Trust, Unclaimed Property, Uniform Transfer to Minors, Property Conveyance including Mortgages and Deeds of Trust) Tort Subtypes PI or WD = Personal Injury or Wrongful Death Personal Injury Unspecified (e.g. , slip and fall, defamation, assault, battery, intentional infliction of emotional distress, false imprisonment, invasion of privacy) Property D amage (e.g., negligence, trespass, nuisance) Tort Un specified ( e.g., fraud, res traint of trade, conversion, replevin) Wrongful Termination of Employment ( sounding in Contract, Title VII, ADEA, or Breach of Implied Covenant of Goo d Faith and Fair Dealing ) Domestic Relations Subtypes A petition containing a child support action should be labeled a child support case even if other actions (i.e., custody, visitation, paternity) are included in the petition. III. Related Cases. This section is u sed to reference related cases, if an y. If there are related cases, involving the same part ies or children, insert the docket numbers and the corresponding judge names for such cases. IV. $ Amount in Controversy. In this space, enter the dollar amount (in thousands of dollars) being demand ed or indicate other demand such as preliminary injunct ion. Attorney or Pro Se Litigant Signature and Date. Sign and date the civil cover sheet. Vital Statistics Form Revised February 2011 Page 1 of 1 VITAL STATISTICS FORM State of Wyoming Department of Health ABSOLUTE DIVORCE OR ANNULMENT STATE FILE NUMBER ______________________ 1. HUSBAND’S NAME (First, Middle, Last) 2a. RESIDENCE -CITY, TOWN, OR LOCATION 2b. COUNTY 2c. STATE Birthplace (State or Foreign Country) 4. DATE OF BIRTH (Month, Day, Year) 5a. WIFE’S NAME (First, Middle, Last) 5b. MAIDEN SURNAME 6a. RESIDENCE -CITY, TOWN, OR LOCATION 6b. COUNTY 6c. STATE 7. BIRTHPLACE (State or Foreign Country) 8. DATE OF BIRTH (Month, Day, Year) 9a. PLACE OF THIS MARRIAGE -CITY TOWN, OR LOCATION 9b. COUNTY 9c. STATE OR FOREIGN COUNTRY 10. DATE OF THIS MARRIAGE (Month, Day, Year) 11. DATE COUPLE LAST RESIDED IN SAME HOUSEHOLD (Month, Day, Year) 12. NUMBER OF CHILDREN UNDER 18 IN THIS HOUSEHOLD AS OF THE DATE IN ITEM 11 Number _____ None 13. PLAINTIFF/ PETITIONER Husband Wife Both Other (Specify ) 14a. NAME OF PLAINTIFF/ PETITIONER’S ATTORNEY ---------------- DO NOT FILL OUT BELOW THIS LINE 14b. ADDRESS (Street and Number or Rural Route Number, City or Town, State, Zip Cod e) 15. I CERTIFY THAT THE MARRIAGE OF THE ABOVE NAMED PERSONS WAS DISSOLVED ON : (Month, Day, Year) 16. TYPE O F DECREE -Divorce or Annulment (Specify) 17. DATE RECORDED (Month, Day, Year) _ 18. NUMBER OF CHILDREN UNDER 18 WHOSE PHYSICA L CUSTODY WAS AWARDED TO: Husband Wife Joint (Husband/Wife) Other No Children 19. COUNTY OF DECREE 20. TITLE OF COURT 21. SIGNATURE O F CERTIFYING OFFICIAL 22. TITLE OF CERTIFYING OFFICIAL 23. DATE SIGNED (Month, Day, Year) Complaint for Divorce Revised October 2012 Page 1 of 2 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Ac tion Case No. ___________ (Print name of person filing) ) ) vs. ) ) Def endant: __________________________ . ) (Spouse) (Print name) COMPLAINT FOR DIVORCE PLAINTIFF, for his/her complaint against the Defendant states and alleges as follows: 1. Plaintiff is a resident of ___________________ County , Wyoming, and has l ived in the State of Wyoming for more than sixty (60) days immediately prior to the filing of this Complaint . (If not, did the marriage take place in Wyoming and have you resided in this state from the time of the marriage until the filing of the complaint ? yes no). 2. Plaintiff and Defendant were married to each other on in (Date of Marriage ) . (City, County and State where marriage took place ) 3. The Plaintiff and Defendant separated on . (Date of Separation ) 4. Irreconcilable di fferences exist in the marriage and Plaintiff is the aggrieved party in this case and should be grant ed a divorce from the Defendant. 5. The Defendant and I do not have any minor children, either n atural or adoptive . 6. To the best of Plaintiff’s knowledge, Wife is not pregnant, OR Wife is pregnant (If pregnant, consult an attorney. Your divorce may not be able to be final until after the baby is born) and The b aby is due on or about (date), (and, check one space below): The Plaintiff and Defendant are the biological parents of the child, OR Plaintiff is not the biological parent of the child, OR Defendant is not the biological parent of the child. Complaint for Divorce Revised October 2012 Page 2 of 2 7. The parties have accumulated certain property and debts during the course of their marriage, which should be equitably divided by the Court. 8. The Court should award Pl aintiff OR Defendant spousal support/alimony in a reasonable amount to be determined by the court; OR Neither party shall be awarded spousal support/alimony. 9. The wife’s previous name may be restored if she desires. WHEREFORE , the Plaintiff respectfully requests that the Court: 1. Grant the Plaintiff a divorce from the Defendant and dissolv e the marriage; 2. Order a just and equitable division of the marital property and debts; 3. Order that: No party is entitled to spousal support; OR Reasonabl e spousal support should be paid by Plaintiff, OR Defendant as the circumstances and facts may require; 4. Order that the wife resume her previous name at the conclusion of this lawsuit if she wishes; and 5. Order such other and further relief as the Court deems just and equitable. DATED this _____ day of ___________________, 20 _______. Signature Printed Name: Address: Phone Number: -------------------------------------------------- Fill in, if applicable ------------------------------------ ------------------------ Pursuant to Rule 102(a)(1)(B) of the Wyoming Uniform Rules of District Court the following attorney has participated in the preparation of this pleading but said attorney is NOT deemed to have entered an appearance in this matter: _________________________________ Attorney’s Name Attorney’s Address/Telephone: __________________________________ ___________ _______________________ __________________________________ __________________________________ Summons Revised October 2012 Page 1 of 2 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff: ____________________________, ) Civil Action Case No. _________________ (Print name of person filing) ) ) vs. ) SUMMO NS ) Defendant: __________________________ . ) (Spouse) (Print name) To the above named Defendant: Print Defendant’s Name: Home Address: __________________________________________________________ Phone: ______________________________________ ___________________________ Employer Name & Address: ________________________________________________ YOU ARE HEREBY SUMMONED and required to file with the Clerk and serve upon the Plaintiff or Plaintiff’s attorney if s/he has one, an Answer to the Comp laint for Divorce which is herewith served upon you, within 20 days after service of this Summons upon you, exclusive of the day of service. (If service upon you is made outside of the state of Wyoming, you are required to file and serve your answer to th e Complaint for Divorce within 30 days after service of this Summons upon you, exclusive of the day of service.) If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint for Divorce. Dated ____________ _______________, 20_______. (Seal of District Court) ___________________________________ Clerk of Court By: ________________________________ Deputy Clerk_________________________ ___________________________ Plaintiff ‘s Nam e ___________________________ ___________________________ Address ___________________________ Phone Number Summons Revised October 2012 Page 2 of 2 STOP: SHERIFF WILL FILL THIS OUT (Attach to Summons) RETURN STATE OF WYOMING ) ) ss COUNTY OF ____________ ) TO BE USED BY WYOMING SHERIFF , UNDER SHERIFF OR DEPUTY I, ____________________________________, Sheriff in and for said County of ____________________, in the State aforesaid, do hereby certify that I received the within Summons, together with a copy of the Complaint for Divorce fil ed in the above entitled matter, and that I served the same in the County aforesaid on the ________ day of ____________________, 20_____ by delivering a copy of the same, together with a copy of the Complaint for Divorce, to _______________________________ ______________________________________________________ _____________________________________________________________________________________ Sheriff By: Deputy Sheriff Sheriff’s fees: Service, $___________; Return $_____________ Mileage $___________; Total $_____________ _____________________________________________________________________________________ _________________________________________________________________________ ___________ AFFIDAVIT OF SERVICE STATE OF______________ ) )ss TO BE USED BY A PERSON OTHER THAN WYOMING COUNTY OF _____________ ) SHERIFF, UNDER SHERIFF OR DEPUTY _______________________________, being first duly sworn, on oath d eposes and says that s/he is over 18 years old and is not a party to the foregoing action or interested therein, and that s/he made service of said Summons in the County aforesaid on the ______ day of ___________, 20____, by delivering a copy of the same, together with a copy of the Complaint for Divorce, to: Name: Address: By: Subscribed and sworn to before me this __________ day of ______________, 20_____. _________________________________ Notarial Officer My Commission Expires: Acknowledg ement and Acceptance of Service October 2012 Page 1 of 2 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Ac tion Case No. ___________ (Print name of person filing) ) ) vs. ) ) Def endant: __________________________ . ) (Spouse) (Print name) ACKNOWLEDGEMENT AND ACCEPTANCE OF SERVICE I, ____________________________________________________ ___________ , hereby (Print Defendant’s Name) acknowledge receipt of a copy of the Complaint for Divorce filed in this case. In accepting service of process, I retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the Summons or in the servic e of the Summons . I understand that I must answer or otherwise plead within 20 days from this date (30 days if copies of the papers were received outside of Wyoming) and that if I fail to file an answer or other pleadings with the Clerk of this Court and serve the same upon the Plaintiff in accordance with the Wyoming Rules of Civil Procedure within the time limits stated, I will be in default and Plaintiff may be afforded the relief demanded in the Complaint for Divorce without a trial or other hearing. DATED this _________ day of __________________________, 20____. Defendant’s S ignature Defendant’s Phone Number : Defendant’s Address: Defendant’s City/State/Zip Code: Subscribed and sworn to before me on this ________ day of ____________________ __ , 20_____. WITNESS my hand and official seal. ____________________________________ Notarial Officer My Commission Expires: Acknowledg ement and Acceptance of Service October 2012 Page 2 of 2 C E R T I F I C A T E O F S E R V I C E I certify that on (date) the original of this documen t w as filed with the Clerk of District Court; and, a true and accurate copy of th is document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (Print Plaintiff/Plaintiff’s Attorney’s Name and Address) TO: ______________________________________ ______________________________________ _______________________________ _______ Your signature Print name Initial Disclosures Revised October 2012 Page 1 of 14 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff: ____________________________, ) Civil Action Case No. __________ (Print name of person filing) ) ) vs. ) ) Defendant: __________________________ . ) (Spouse) (Print name) INITIAL DISCLOSURES The following initial disclosures are submitted by the Plaintiff pursuant to Wyoming Rule of Civil Procedure 26(a)(1.1). This information is required in all divorc e proceedings to the extent that the information pertains to a particular claim or defense in the action. This information must be made available to the opposing party’s attorney or the opposing party if he or she does not have an attorney for the divorce action within thirty (30) days after the Defendant has been served with the Complaint for Divorce . For any of the following disclosures that do not pertain to you, write “not applicable” on the appropriate schedule . 1. A schedule of financial assets owned individually or jointly, such as savings or checking accounts, stocks, bonds, cash or cash equivalents, including the name and address of the depository, the date such account was established, the type of account, the account number, and whether the accou nt is acknowledged to be a marital asset or asserted to be a non -marital asset and, if asserted to be a non -marital asset, an explanation of the legal and factual basis for such assertion. (See attached Schedule of Financial Assets .) 2. A schedule of non -financial assets , such as personal or real property (i.e. house, land, vehicles, household items, etc.) owned individually or jointly, including the purchase price and the date of purchase or acquiring the property , the present market value, any indebtednes s relating to such asset, the state of record ownership, whether purchased from marital asset s or Initial Disclosures Revised October 2012 Page 2 of 14 obtained by gift or inheritance, and whether acknowledged to be a marital asset or asserted to be a non -marital asset and, if asserted to be a non -marital ass et, an explanation of the legal and factual basis for such assertion. (See attached Schedule of Non -Financial Assets .) 3. A schedule of all debts owed individually or jointly, identifyi ng the date any obligation was in curred, the spouse in whose name the debt was incurred, the present amount of all debts and monthly payments, the use to which the money was put which caused the debt to arise, identification of any asset which serves as security for such debt, and an acknowledgement of whether each debt is a marital or non -marital debt, and if asserted to be a non -marital debt, an explanation of the legal and factual basis for such assertion. (See attached Schedule of Debts .) 4. A schedule of safe deposit boxes, including the name and address of the institut ion where the box is located, the box number, the name and addre ss of the individual(s) who has access to the box, an inventory of the contents, and the value of the assets located therein. (See attached Schedule of Safety Deposit Boxes .) 5. A schedule of employment, including the name and address of your employer; gross monthly wage; payroll deduction(s), specifically identifying the type and amount; the amount of other benefits including transportation, employer contributions to health care, and employer contributions to retirement accounts; and outstanding bonuses. (See attached Schedule of Employment .) 6. A schedule of all other sources of income, including the name and address of the source and the amount and date the income was received. (See attached Schedule of Other Income .) 7. A schedule of all retirement accounts or benefits, including the name and address of the institution holding the accounts or benefits, the present value if readily ascertainable, the initial date of any account, the expected p ayment upon retirement and the specific retirement date, and the value of the account at the date of the marriage if the account existed prior to marriage. (See attached Schedule of Retirement Accounts or Benefits .) Initial Disclosures Revised October 2012 Page 3 of 14 8. If seeking custody , or a change in cu stody , set forth the facts believed to support your claim of superior entitlement to custody. In addition, as to a change of custody, set forth the facts comprising a sub stantial change in circumstances and disclose any supporting documentation. (See atta ched Schedule of Custody .) 9. NOTE: Supplementation of disclosures and responses. Wyoming Rules of Civil Procedure 26(e)(1): A party who has made a disclosure or responded to a request for discovery with a disclosure or response is under a duty to supple ment or correct the disclosure or response to include information thereafter acquired, if ordered by the court or in the following circumstances: A party is under a duty to supplement at appropriate intervals, its disclosures if the party learns that in some material respect the information disclosed is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing. DATED this _____ day of __ ___________, 20___. Signature Printed Name: Address: Phone Number: Initial Disclosures Revised October 2012 Page 4 of 14 C E R T I F I C A T E O F S E R V I C E I certify that on (date) a true and accurate copy of th is document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (Print Other Party’s/Other Party’s Attorney’s Name and Address) TO: _____ _________________________________ ______________________________________ ______________________________________ Your signature Print name Initial Disclosures Revised October 2012 Page 5 of 14 SCHEDULE -A Not Applicable Financial Assets Name and Address of Depository Account Number Type of Account Source of Funds Acknowledged to be a Marital Asset or not** Award to Husband/ Wife 1.Savings/Checking Accounts: 2. Stocks: 3. Bonds: 4. Cash: 5. Cash Equivalents: 6. Other Financial Assets: **If not a marital asset, an explanation of legal and factual basis for such assertion is required. Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 6 of 14 SCHEDULE -B Not Applicable Non -Financial Assets Description of Asset How Acquired: 1. Gift 2. Inheritance 3. Marital Acquired By: 1. Husband 2. Wife 3. Joint Record Ownership: 1. Joint 2. Individual 3. Other Date Acquired Present Market Value Award to Husband/ Wife Other information List Personal Property (i.e., household furnishings, jewelry, etc.) a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 7 of 14 SC HEDULE -B Not Applicable Non -Financial Assets Description of Asset How Acquired: 1-Gift 2-Inheritance 3-Marital Acquired By: 1-Husband 2-Wife 3-Joint Record Ownership: 1. Joint 2. Individual 3. Other Date of Acquisition Present Market Value Award to Husband/ Wife Other Information List All Vehicles by Year, Model & VIN Number a. b. c. d. a. b. c. d. a. b. c. d. a. b. c. d. a. b. c. d. $ $ $ $ a. b. c. d. a. b. c. d. Oth er Personal Property a. b. c. d. a. b. c. d. a. b. c. d. a. b. c. d. a. b. c. d. $ $ $ $ a. b. c. d. a. b. c. d. Real Property a. b. a. b. a. b. a. b. a. b. $ $ a. b. a. b. Interest in Any Business a. b. c. a. b. c. a. b. c. a. b. c. a. b. c. $ $ $ a. b. c. a. b. c. Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 8 of 14 SCHEDULE -B Not Applicable Non -Financial Assets Description of Asset How Acquired: 1-Gift 2-Inheritance 3-Marital Acquired By: 1-Husband 2-Wife 3-Joint Record Ownership: 1-Joint 2-Individual 3-3rd Party/ Partnership Date of Acquisition Present Market Value Award to Husband/Wife Other Information Collectibles (Guns, Coins, Stamps, Antiques, Etc.) a. b. c. d. e. f. g. h. i. j. k. l. m. a. b. c. d. e. f. g. h. i j. k. l. m. a. b. c. d. e. f. g. h. i. j. k. l. m. a. b. c. d. e. f. g. h. i. j. k. l. m. a. b. c. d. e. f. g. h. i. j. k. l. m. $ $ $ $ $ $ $ $ $ $ $ $ $ a. b. c. d. e. f. g. h. i. j. k. l. m. a. b. c. d. e. f. g. h. i. j. k. l. m. Any Other Assets a. b. a. b. a. b. a. b. a. b. $ $ a. b. a. b. Attach additional sheets of paper if neede d Initial Disclosures Revised October 2012 Page 9 of 14 SCHEDULE -C Not Applicable Debts (Incurred Individually or Jointly) Name of Creditor and Account # Date Obligation Was Incurred Individual or Marital Debt Monthly Payment Due Date/ Amt. What You Received For Obligation or Use to Which Money was Put Current Balance of Obligation Proposed Responsible Party Husband/Wife 1. Acct. #: / / / / 2. Acct.#: / / / / 3. Acct.#: / / / / 4. Acct.#: / / / / 5. Acct.#: / / / / 6. Acct.#: / / / / 7. Acct.#: / / / / 8. Acct.# / / / / Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 10 of 14 SCHEDULE -D Not Applicable Safe Deposit Boxes 1. Name and Address of Institution Where Located 2. Box Number All Names to Whom Box is Registered Identity of All Who Have Access Inventory of Contents Value 1. 2. 3. Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 11 of 14 SCHEDULE -E Not Applica ble Employment Employer’s Name and Address Gross Monthly Wage and Payroll Deductions (Identify Type and Amount) Other Benefits and Amount Received (including transportation, employer contributions to health care, and employer contributions to retirement account) Outstanding Bonuses 1. Amount 2. Date Due Gross: Fed Tax: FICA (Social Security): Medicare: Children’s Health Ins. Premiums: Total Deductions: Net: Gross: Fed Tax: FICA (Social Security): Medicare: Children’s Health Ins. Premiums: Total Deductions: Net: Gross: Fed Tax: FICA (Social Security): Medicare: Children’s Health Ins. Premiums: Total Deductions: Net: Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 12 of 14 SCHEDULE -F Not Applicable Other Income (Not Previously Indicated Herein) Source: Amount Received Date Received 1. Compensation as a Contractor 2. Temporary Total Disability 3. Permanent Partial Disability 4. Permanent Total Disability Payments 5. Unempl oyment 6. Disability 7. Annuity 8. Retirement Benefits 9. Any Other Payments Made By Any Payor Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 13 of 14 Not Applicable SCHEDULE -G Retirement Accounts or Benefits (Annuities, Pensions, Profit Sharing, Certificate of Deposits, IRA’s, 401K’s, Retirement Plans , etc.) Carrier or Administrating Agency, Address and Description of the circumstances under which you may draw on benefits ID Numb er Type of Plan Loans Against Plan Date Plan Acquired Expected Date of Retirement Value of Account on Date of Marriage Present Value Marital Asset (Y/N)** 1. 2. 3. 4. 5. 6. Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 14 of 14 SCHEDULE -H Not Applicable Custody 1. If you are seeking custody, set forth the facts supporting your claim to superior entitlement to custody: A. I have been the primary caretaker of the child(ren) as follows: B. I have a good quality of relationship with the child(ren) as follows: C. I have the ability to take care of the child(ren) as follows: D. I am the more fit and competent parent to have custody as follows: E. I am willing to support my child(ren) maintaining a relationship with both parents as follows: F. I have the physical ability to care for the child(ren) as follows: G. Other Attach additional s heets of paper if needed Reply to Counterclaim Revised October 2012 Page 1 of 2 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff: ____________________________, ) Civil Action Case No. __________ (Print name of person filing) ) ) vs. ) ) Defe ndant: __________________________ . ) (Spouse) (Print name) REPLY TO COUNTERCLAIM Plaintiff, hereby replies to Defendant’s Counterclaim for Divorce as follows: 1. Plaintiff admits the allegations in Par agraphs (list paragraphs that are accurate statements) of Defendant ’s Co unterclaim for Divorce . 2. Plaintiff denies the allegations in Paragraphs (list paragraphs that you believe are not accurate ) of Defendant ’s Co unterclaim for Divorce . 3. Plaintiff does not have information sufficient to either admit or deny the allegations in Paragraphs of Defendant ’s (list paragraphs that you don’t know are accurate or not ) Co unterclaim for Divorce . WHEREFORE , Plaintiff respectfully requests that the court find generally in her/his favor and against the Defendant , that Defendant take nothing by way of his/her Co unterclaim for Divorce , and for such other and further relief as the court deems just and proper. DATED this _______ day of __________________ _________, 20___. Signature Printed Name: Address: Phone Number: Reply to Counterclaim Revised October 2012 Page 2 of 2 C E R T I F I C A T E O F S E R V I C E I certify that on (date) the original of this document was filed with the Clerk of District Court; and, a true and accurate copy of th is document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (Insert De fendant/Defendant’s Attorney’s Name and Address) TO: ______________________________________ ______________________________________ ______________________________________ Your signature Print na me -------------------------------------------------- Fill in, if applicable ---------------------------------- Pursuant to Rule 102(a)(1)(B) of the Wyoming Uniform Rules of District Court the following attorney has participated in the preparation of this pleading but said attorney is NOT deemed to have entered an appearance in this matter: _________________________________ Attorney’s Name Attorney’s Address/Telephone: __________________________________ __________________________________ _______________ ___________________ __________________________________ Application f or Entry of Default Revised October 2012 Page 1 of 1 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Ac tion Case No. ___________ (Print name of person filing) ) ) vs. ) ) Def endant: __________________________ . ) (Spouse) (Print name) APPLICATION FOR ENTRY OF DEFAULT The Plaintiff submits this Application for Entry of Default for a default judgment against the Defendant, who has been served the Summ ons and Complaint according to the Affidavi t/Return of Service stating that Defendant was served on ______________ [date] , and has failed to appear and answer the Plaintiff’s Complaint for Divorce filed in this case or otherwise respond, and the time allowe d by law for answering or otherw ise responding has now expired. A pplication i s made to enter the default against the Defendant according to law. DATED this ______ day of _________________, 20_ __ _. Signature Printed Name: Address: Phone Number: Subscribed and sworn to before me on this ____ day of ________________, 20___. WITNESS my hand and notary seal. _________________________________ Notarial Officer My commission expires: Affidavit in Support of Default Revised October 2012 Page 1 of 2 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Ac tion Case No. ___________ (Print name of person filing) ) ) vs. ) ) Def endant: __________________________ . ) (Spouse) (Print name) AFFIDAVIT IN SUPPORT OF DEFAULT STATE OF WYOMING ) ) ss. COUNTY OF ________________ ) The Plaintiff ______________________________, who is of lawful age and (print name) being first duly sworn deposes and states as follows: 1. Plaintiff has filed a Complaint for Divorce in this case. 2. Defendant was served with a copy of the Complaint for Divorce and Summons by one of the following methods: The Defendant was served with a copy of the Complaint for Divorce and Summons by a duly authorized Deput y or the Sheriff of ___________ County, State of ____________________ on _________________ _____ . (insert date) OR The Defendant filed an Acknowledgment and Acceptance of Service acknowledging that on _________ ______________________, he/she received a (insert date) copy of the Complaint for Divorce and the Summons . OR An Affidavit to Allow Service by Publication was filed and the Defendant was served by publication in the ________________________ Newspaper on the following dates: ______________________________. Affidavit in Support of Default Revised October 2012 Page 2 of 2 OR The Defendant was served with a copy of the Complaint for Div orce and Summons by Certified Mail, Restricted Delivery, Return Receipt requested on ______________________ ___________ , as evidenced by the green postal (insert date) signature card attached. 3. More than 20 days (if served in Wyoming); 30 days (if served outside of Wyoming by publication or by Certified Mail), excluding the day of service, has elapsed since the date of service. 4. That the Defendant failed to answer or otherwise plead as required by law. The Defendant is not a minor nor incompetent and is not in the military service of the United States. This Affidavit is executed for the purpose of enabling Plaintiff to obtain an Entry of Default against the Defendant. DATED this ______ day of ______ ___________, 20___. Signature Printed Name: Address: Phone Number: Subscribed and sworn to before me by _____________________________ this _____ day of _______________, 20_ __ _. Witness my hand and official seal. _______ _______________________ Notarial Officer My Commission Expires: Entry of Default Revised October 2012 Page 1 of 1 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff: ____________________________, ) Civil Action Case No. __________ (Print name of person filing) ) ) vs. ) ) Defe ndant: __________________________ . ) (Spouse) (Print name) ENTRY OF DEFAULT The Clerk of District Court, pursuant to the Plaintiff’s OR Defendant’s Application for Entry of Default and Affidav it in Support of Default , does hereby enter default against the Plaintiff OR Defendant for failure to plead or otherwise defend as provided by the Wyoming Rules of Civil Procedure, as appears from examination of the rec ords and files herein or the return upon the original Summons filed in this cause. DATED this _____ day of ________________________, 20___. CLERK OF THE DISTRICT COURT BY: ____________________________________ Copies to: Plaintiff/Plaintiff’s Attorney’s Name and Address Defendant/Defendant’s Attorney’s Name and Address Affidavit for Divorce (No Minor Children) Revised October 2012 Page 1 of 6 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Ac tion Case No. ___________ (Print name of person filing) ) ) vs. ) ) Def endant: __________________________ . ) (Spouse) (Print name) AFFIDAVIT FOR DIVORCE WITHOUT APPEARANCE OF PARTIES (Only use if the parties have reached an agreement and both have signed the Decree of Divorce or if either party defau lted and all default paperwork has been presented to the court and an Entry of Default issued.) STATE OF WYOMING ) ) ss. COUNTY OF _____________ ) _____________________________________, being first duly sworn, deposes and says: (Print Name ) 1. I am the Plaintiff Defendant in the case. 2. Plaintiff resided in the State of Wyoming for more than 60 days immediately prior to filing the Complaint for Divorce in this case. 3. The Plaintiff Defendant and I were married to each other on the _____ day of ___________, ____________ in _____________, ______________ __. (Month) (Year) (City) (State) 4. Plaintiff is currently a resident of County, State of _________ ____. 5. Defendant is cur rently a resident of County, State of _____________ _. 6. Plaintiff and Defendant do not have any minor children . 7. To the best of Plaintiff’s knowledge, Wife is not pregnant, OR Wife is pregnant (If pregnant, cons ult an attorney. Your divorce may not be able to be final until after the baby is born) and Affidavit for Divorce (No Minor Children) Revised October 2012 Page 2 of 6 The baby is due on or about (date), (and, check one space below): The Plaintiff and Defendant are the biological parents o f the child, OR Plaintiff is not the biological parent of the child, OR Defendant is not the biological parent of the child. 8. Irreconcilable differences exist in the marriage. 9. The Wife does not desire to have her former name restored ; OR her former name restored to: (list first, middle, and last name desired) 10. The Decree of Divorce equitably distributes the property and debt acquired during our marriage. In support of this assertion I am submitting the following evidence : A. Debts (For Party Designation use: "P" = Plainti ff, "D " = Defendant , "J" = Joint) PRINT CLEARLY OR TYPE Party Paying Debt Creditor and Acct. # Name(s) on Account Date of Balance Balance Main Purchase(s) for Which Debt Was Incurred $ $ $ $ $ $ Add additional sheets, if necessary. Clearly identify any attached documents. Total Debt of Plaintiff: $ Tot al Debt of Defendant: $ B. Real Estate (For Party Designation use: "P" = Plainti ff, "D " = Defendant , "J" = Joint) PRINT CLEARLY OR TYPE Party Paying Debt Property Type Owned and Address (residence, condo, rental, etc.) Name(s) on Title Fair Marke t Value Basis of Fair Market Value (i.e., appra isal, estimate, purchase price ) 1st Mortgage 2nd Mortgage Affidavit for Divorce (No Minor Children) Revised October 2012 Page 3 of 6 Add additional sheets, if necessary. Clearly identify any attached documents. Total Debt of Plaintiff: $ To tal Debt of Defendant: $ C. Motor Vehicles (For Party Designation use: "P" = Plainti ff, "D " = Defendant , "J" = Joint) PRINT CLEARLY OR TYPE Party Keeping Vehicle Year, Make, Model and VIN Name(s) on Title Name of Creditor Fair Market Value Amount of Debt Add additional sheets, if necessary. Clearly identify any attached documents. Total Debt of Plaintiff: $ Total Debt of Defendant: $ D. Cash on Hand, Bank, Checking, or Saving Accounts, CD’ s (For party designation use: "P" = Plaintiff, "D" =Defendant or "J" = Joint) PRINT CLEARLY OR TYPE Party Keeping Property Type of Account Name of Bank Account No. (Last 4 Digits Only) Date of Balance Balance Add additional sheets, if necessary. Clearly identify any attached documents. Amount to Plaintiff: $ Amount to Defendant: $ Affidavit for Divorce (No Minor Children) Revised October 2012 Page 4 of 6 E. Furniture and Household Goods ("Value" equals what you could sell it for in its current condition, such as at aucti on, not what you paid for it or cost of replacement.) PRINT CLEARLY OR TYPE Description of Items - Household furnishings and personal belongings (clothes, jewelry, etc.) Value of Plaintiff’s Possessions Value of Defendant’s Possessions 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL: $ $ Add additional sheets, if necessary. Clearly identify any attached documents. F. Miscellaneous/Other Assets or Interests (not listed above) List all other assets, including life insurance, stocks, bonds, retirement benefits, income tax refunds owing, money owed to you, livestock, guns, etc. as distributed in the Decree. PRINT CLEARLY OR TYPE (For party designation use: "P" = Plaintiff, "D" =Defen dant or "J" = Joint) Party Keeping Property Description Account, serial or other identifying number, if any - Last 4 Digits Only Value Add additional sheets, if necessary. Clearly identify any attached doc uments. Amount to Plaintiff: $ Amount to Defendant: $ Affidavit for Divorce (No Minor Children) Revised October 2012 Page 5 of 6 11. Please list why the distribution of property and debts listed above is “equitable.” The Wyoming Supreme Court has held that a just and equitable distribution does not necessarily mean “equa l.” I request the court grant me a divorce. OATH I affirm that this Affidavit (including attached sheets, if relevant ) contains a complete disclosure , to the best of my information a nd belief, of all items of property in which my spouse and I have any current interest or expect to receive in the future based upon the work or events that took place during the marriage, and all liabilities for which I am aware that either of us could be held personally responsible. I also affirm that the representations made herein concerning my income and expenses , and that of my spouse, are accurate to the best of my knowledge. I am aware that should the information provided herein prove to be fraudul ent or contain material misstatements or omissions, whether inadvertent or intentional, or be found to be inaccurate, the court shall have continuing jurisdiction to enter such orders as it considers necessary in equity and law to determine the rights and duties with regard to that property right or obligation. I am also aware the court may punish as perjury any materially false statements knowingly made with intent to defraud or mislead. Signature Printed Name: Address: Phone N umber: Subscribed and sworn to before me by ____________________________ on this _____ day of ____________________, 20____. Wi tness my hand and official seal. ______________________________ Notarial Officer / Court Clerk My Commission Expires: Affidavit for Divorce (No Minor Children) Revised October 2012 Page 6 of 6 C E R T I F I C A T E O F S E R V I C E I certify that on (date) the original of this document was filed with the Clerk of District Court; and, a true and accurate copy of th is document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (Print Defendant/Defendant’s Attorney’s Name and Address) TO: ______________________________________ ______________________________________ ______________________________________ Your signature Print name Request for Settin g Revised October 2012 Page 1 of 2 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Ac tion Case No. ___________ (Print name of person filing) ) ) vs. ) ) Def endant: __________________________ . ) (Spouse) (Print name) REQUEST FOR SETTING The Plaintiff OR Defendant requests a time and date for a hearing /trial in the District Court. The hearing /trial wi ll take approximately ________ hours/ minutes and will address the following issues: 1) The parties have reached an agreement (both parties have signed the Decree of Divorce and this Court requires a hearing before it will enter a Decr ee of Divorce ). (NOTE: submit the Order Setting Hearing if this option is selected); OR 2) Default was entered against Plaintiff OR Defendant and this Court requires a hearing before it will enter a Decree of Divorce . (NOTE: submit the Order Setting Hearing if this option is selected); OR 3) The parties are not able to agree on all of the terms of the divorce and a hearing is needed on the following issues: Prop erty distribution Motion for _______________________________ Other: __________________________________ (NOTE: submit the Order Setting Hearing if this option is selected) 4) The parties are not able to agree on any issues and a trial is needed for a Divorce (No Minor Children) . (NOTE: submit the Order Setting Divorce Trial and Requiring Pretrial Statements ); OR 5) Any party requesting the reporting of a particular matter by the official court reporter shall make a request by phone to the appropriate official court reporter at least three (3) working days before the matt er is set for hearing. The clerk will be able to inform you which court reporter to contact. The three -day notice requiremen t will not be waived by the Court. The notice is required for all civil matters including jury trials. Payment of the statutory reporting fee of $45.00 per day shall be paid to the official court reporter prior to the commencement of the hearing/trial. C hecks for the statutory Request for Settin g Revised October 2012 Page 2 of 2 reporting fee shall be made payable to the Wyoming State Treasurer. If a hearing is not record ed by a n official court reporter, a transcript of the hearing will not be available. It is very difficult to appeal the Judge’s decision if you do not have a transcript of everyt hing that is said at the trial. Rule 904 and 905 of the Uniform Rules of the District Courts of the State of Wyoming. DATED this ______ day of _____________________, 20____. Signatu re Printed Name: Address: Phone Number: C E R T I F I C A T E O F S E R V I C E I certify that on (date) the original of this document was filed with the Clerk of District Court; and, a true and accurate copy of th is document was served on the othe r party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (Insert Other Party’s/Other Party’s Attorney’s Nam e and Address) TO: ______________________________________ ______________________________________ ______________________________________ Your signature Print name Order Setting Hearing Revised October 2012 Page 1 of 1 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Action Case No. __________ (Print name of person filing) ) ) vs. ) ) Defen dant:__________________________. ) (Spouse) (Print name) ORDER SETTING HEARING THIS MATTER having come before the Court upon a Request for Setting , and the Court being generally advised in the premises; IT IS HEREBY ORDERED tha t a hearing on the Complaint for Divorce (or other items indicated in the Request for Setting ) is hereby scheduled for Courtroom No. ____ of the ______________ County Courthouse, ______________ , Wyoming on the _____ day of ________ , 20___ commencing at __ :____ o’clock __ .M. (___ _) minutes/hour(s)/ day (s) has been set asid e for the trial of this matter. There will be no continuances or canceling of the hearing date based on telephone calls. DATED this ______ day of ___, 20____ . __________________________ _______________ DISTRICT COURT JUDGE Copies to: Plaintiff/Plaintiff’s Attorney’s Name and Address Defendant/Defendant’s Attorney’s Name and Address Order Setting Divorce Trial and Requiring Pretrial Statements Revised October 2012 Page 1 of 3 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Action Case No. ___________ (Print name of person filing) ) ) vs. ) ) Defe ndant:__________________________. ) (Spouse) (Print name) ORDER SETTING DIVORCE TRIAL AND REQUIRING PRETRIAL STATEMENTS THIS MATTER having come before the Court upon a Request for Setting , and the Court being generally advised in the premises; IT IS HEREBY ORDERED that a trial of the above matter is hereby scheduled for Courtroom No. ____ of the ______________ County Courthouse, ______________, Wyoming on the _____ day of ________, 20___ commencing at __:____ o’clock __ .m . (___ _) minutes/hour(s)/day(s) has been set aside for the trial of this matter. IT IS FURTHER ORDERED that each party shall file and serve on the opposing party or their attorney, if represented , no later than five (5) days prior to the trial , the party’s sworn statement setting forth the facts, to the best of the party’s knowledge and belief, called for by Section “A” of the attached list of information, and a statement by counsel (attorney) , if any, of the client’s position and proof as called for by Section “B.” These filings are required to narrow and simplify the issues, prevent surprise and to eliminate unnecessary proof. The material may be presented in narrative form but must be complete for purposes called for by this order. To avoid duplication, the parties or their attorneys, if any, may submit a joint statement of those items not in dispute. Any party requesting the reporting of a particular matter by the offic ial court reporter shall make a request by phone to the appropriate offi cial court reporter at least three (3) working days before the matter is set for hearing. The clerk will be able to inform you which Order Setting Divorce Trial and Requiring Pretrial Statements Revised October 2012 Page 2 of 3 court reporter to contact. The three -day notice requirement will not be waived by the Court. The notice is required for all civil matters including jury trials. Payment of the statutory reporting fee of $45.00 per day shall be paid to the official court reporter prior to the commencement of the hearing/trial. Checks for the statutory reporting fee shall be made payable to the Wyoming State Treasurer. If a hearing is not recorded by an official court reporter, a transcript of the hearing will not be available. It is very difficult to appeal a decision if you do not have a transcript of everything that is said at the tri al. Rule 904 and 905 of the Uniform Rules of the District Courts of the State of Wyoming . In the event that this case settles, the parties are informed that there will be no change in the scheduling of this matter by the Court until such time as the sett lement is reduced to writing and a written agreement is presented to the court. There will be no continuances or canceling of the trial date based on telephone calls. DATED this ______ day of ___ , 20____. _________________________________________ DISTRICT COURT JUDGE Copies sent to: Plaintiff/Plaintiff’s Attorney’s Name and Address Defendant/Defendant’s Attorney’s Name and Address Order Setting Divorce Trial and Requiring Pretrial Statements Revised October 2012 Page 3 of 3 SECTION “A” SWORN STATEMENT OF PARTY Items to be included: 1. Personal data and h istory relevant to the issues, including the parties’ name s, age s, prior marriages, if any, present living situation of the parties and their immediate family. This item calls for a brief but comprehensive statement of the party's personal history as it may relate to the divorce litigation. 2. Present employment , including identity and location of employer, nature of the job, length of employment, gross and net income and benefits, including health and accident coverage, if any, its convertibility to non -group plan in event of loss of employment, terms of retirement program, all deductions from salary or wages, and prospects for the continuation of the employment. 3. Employment history and employability , including previous employment and incomes, educati on, training and work experience affecting employability. Include any other factors substantially affecting employability. 4. Other income , whatever the source. 5. All assets showing source of the asset (i.e., jointly purchased, gift prior to marriage), present value, basis of statement of value and statement of present salability. 6. Liabilities , including amount, source, terms of the indebtedness. 7. Any other information which counsel, or the party, believe to be material to the determination of the issues. SECTION “B” STATEMENT OF COUNSEL Statement of the case by counsel of the client's position with respect to: 1. Division of assets and allocation of liabilities. 2. If alimony is claimed, the basis of the claim and the amount and duration prop osed by the party. 3. If client claims exclusive or superior entitlement to "the divorce," the reasons for that position. 4. List of witnesses and specific summary of expected testimony. 5. Exhibits. Pretrial Disclosures Revised October 2012 Page 1 of 4 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Action Case No. __________ (Print name of person filing) ) ) vs. ) ) Defe ndant:__________________________. ) (Spouse) (Print name) PRETRIAL DISCLOSURES Plaintiff OR Defendant submits the following initial disclosures, pursuant to Wyoming Rule of Civil Procedure 26(a)(3), requi red in pretrial proceedings. This information must be made available to the opposing party or the opposing party’s counsel and the Court at least thirty (30) days before the trial. A. The name and, if not previously provided, the address and telephone num ber of each witness, separately identifying those whom the party expects to present and those whom the party may call if the need arises. NOTE : Unless otherwise directed by the court, these disclosures must be made at least 30 days before tr ial . Within 14 days thereafter, unless a different time is specified by the court, a party may serve and promptly file with the Clerk of District Court a list disclosing (i) any objections to the use under Rule 32 (a) of a deposition designated by another party under Rule 26(a)(3)(B), and (ii) any objection, together with the grounds therefor e, that may be made to the admissibility of materials identified under Rule 26(a)(3)(C). Objections not so disclosed, other than objections under Rules 402 and 403 of t he Wyoming Rules of Evidence, are waived unless excused by the court for good cause. Pretrial Disclosures Revised October 2012 Page 2 of 4 B. The designation of those witnesses whose testimony is expected to be presented by means of a deposition and, if no t taken stenographically (i.e. by a court reporter), a transcript of the pertinent portions of the deposition testimony. C. An appropriate identification of each document or other exhibit, including summaries of other evidence, separately identifying thos e which the party expects to offer and those which the party may offer if the need arises. NOTE: Supplementation of disclosures and responses. Wyoming Rules of Civil Procedure 26(e)(1) states that: A party who has made a disclosure or responded to a requ est for discovery with a disclosure or response is under a duty to supplement or correct the disclosure or response to include information thereafter acquired, if ordered by the court or in the following circumstances: A party is under a duty to suppleme nt at appropr iate intervals, its disclosures if the party learns that in some material respect the information disclosed is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties durin g the discovery process or in writing. DATED this _____ day of _____________, 20___. Signature Printed name: Address: Phone Number: Pretrial Disclosures Revised October 2012 Page 3 of 4 C E R T I F I C A T E O F S E R V I C E I certify that on (date) the original of this d ocument w as filed with the Clerk of District Court; and, a true and accurate copy of th is document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (Insert Other Party’s/Other Party’s Attorney’s Name and Address) TO: ______________________________________ ______________________________________ __________________ ____________________ Your signature Print name Pretrial Disclosures Revised October 2012 Page 4 of 4 (check one) Name of Witness Address and Telephone Number Expect to call witness to testify May call witness to testify if the nee d arises Additional sheets of paper are attached if needed (check one) Document or Exhibit Summary of Evidence Expect to offer May offer if the need arises Additional sheets of paper are attached if needed Decree of Divorce (No Minor Children) Revised October 20 12 Page 1 of 8 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Ac tion Case No. ___________ (Print name of person filing) ) ) vs. ) ) Def endant: __________________________ . ) (Spouse) (Print name) DECREE OF DIVORCE NOTE: ALL APPLICABLE BOXES MUST BE CHECKED OR THE JUDGE WILL NOT SIGN YOUR DECREE. This matter came before the Court by : Default (and Entry of Default has been issued) ; OR Agreement of the parties (both parties have signed this Decree ); OR Trial 1. The Plaintiff lived in Wyoming for more than sixty ( 60 ) days immediately prior to the filing of the Complaint for Divorce . 2. The Defendant was served : Personally (by the sheriff) on ______________ ; OR (Date) Defendant accepted service ( Acknowledgement and Acceptance of Servic e must be filed; OR By publication (Copy of Affidavit of Publication must be filed ); OR By Registered or Certified Mail (R eturn receipt must be filed and Clerk must have entered certificate of service .) 3. At least twenty (20) days have passed since the Complaint for Divorce was filed 4. Defendant filed an Answer an Answer and Counterclaim no response (default must be entered , unless there is a waiver of right to answer ) no response but both parties have signed and agreed to the entry of this Decree of Divorce Decree of Divorce (No Minor Children) Revised October 20 12 Page 2 of 8 5. The parties were married to each other on the ____ day of _______ , (month) (year) in . (City, County and State) 6. The parties have irreconcilable differences constituting grounds for divorce. 7. The parties have no natural or adoptive minor child ren. 8. To the best of Plaint iff’s knowledge, Wife is not pregnant, OR Wife is pregnant (If pregnant, consult an attorney. Your divorce may not be able to be final until after the baby is born) and The baby is due on or about (date), (and, check one space below): The Plaintiff and Defendant are the biological parents of the child, OR Plaintiff is not the biological parent of the child, OR Defendant is not the biological parent of the child. 9. The parties acquired property and debts during the marriage and the division set forth below in this Decree is just and equitable; OR did not acquire any property or debts during the marriag e. 10. The Court should order that No party is entitled to alimony/spousal support ; OR The Wife shall pay to the Husband reasonable alimony ; OR The Husband shall pay to the Wife reasonable alimo ny . 11. The Wife does not desire to have her former name restored ; OR her former name restored to: (list first, middle, and last name desired) IT IS THEREFORE ORDERED: 1. That Pl aintiff or Defendant is awarded a Decree of Divorce and that the bonds of matrimony existing between the parties are dissolved. 2. DIVISION OF PROPERTY: The parties’ property shall be equitably divided as follows: Decree of Divorce (No Minor Children) Revised October 20 12 Page 3 of 8 Wife’s Property : 2.A.1. The W ife shall have as her sole and separate property, free and clear of any and all claims thereto by the H usband, but subj ect to any indebtedness thereon, the following: All personal property held in her name or in her possession, except as otherwise specifically set forth in this Decree. All bank accounts, investment accounts and retirement accounts held in her sole name, if any, except as otherwise specifically set forth in this Decree. The following motor vehicle(s) (list year, make, model and VIN): Husband has OR does not have a retirement account. If Husband has a retirement account, the account shall: not be divided with Wife; OR be divided as follows: 50% to each party; OR $ to Wife; OR Other described as follows: . Husband’s Property: 2.A.2. The Husband shall have as h is sole and separate property, free and clear of any and all claims thereto by the Wife , but subj ect to any indebtedness thereon, the following: All personal property held in his name or in his possession, except as othe rwise specifically set forth in this Decree. All bank accounts, investment accounts and retirement accounts held in his sole name, if any, except as otherwise specifically set forth in this Decree. The following mo tor vehicle(s) (list year, make, model and VIN): Wife has OR does not have a retirement account. If Wife has a retirement account, the account shall: not be divided with Husban d; OR be divided as follows: 50% to each party; OR $ to Husband; OR Other described as follows: . Decree of Divorce (No Minor Children) Revised October 20 12 Page 4 of 8 Other Property: 2.A.3. The parties have no other property which requires division; OR The parties have the following property, which shall be awarded as follows: List all possessions valued at $100.00 or more. For any bank accounts, identify by using the last 4 digits of the account number. DESCRIPTION OF PROPERTY AWARDED TO: 1. WIFE HUSBAND 2. WIFE HUSBAND 3. WIFE HUSBAND 4. WIFE HUSBAND 5. WIFE HUSBAND 6. WIFE HUSBAND 7. WIFE HUSBAND 8. WIFE HUSBAND 9. WIFE HUSBAND 10. WIFE HUSBAND 11. WIFE HUSBAND 12. WIFE HUSBAND 13. WIFE HUSBAND 14. WIFE HUSBAND 15. WIFE HUSBAND Additional sheets of paper are attach ed if needed Real Property: 2.A.4. The parties do not own any real property; OR The real property shall be divided as follows: Option 1: Wife or Husband shall occupy th e real property until sold. The property shall be listed with a real estate agency for sale no later than (date). Upon the sale, the net equity or loss from the sale shall be divided as follows: % to Wife % to Husband A qualified domestic relations order (QDRO) or similar order may be required to effectuate a proper division of retirement accounts. It is highly recommended that you retain an attorney to draft such an order. This Court retains jurisdiction to enter, correct, or modify such orders in order to effectuate the terms of this Decree. Decree of Divorce (No Minor Children) Revised October 20 12 Page 5 of 8 Until the property is sold, th e mortgage (including taxes and insurance) shall be paid by Wife or Husband and the utilities shall be paid by Wife or Husband; OR Other: ; OR Option 2: Wife or Husband shall own the real property and the other party shall convey by appropriate deed his/her interest in the property. The party receiving the real property shall pay to the other the sum of $____________ for his/h er share of equity in the property. The party receiving the property shall use his/her best efforts to re -finance the debt on the property and remove the other party ’s name from any liability for the d ebt no later than _____________ . (Date ) If a joint debt encumbering the real property is not refinanced no later than __________, the property shall be listed with a real estate agent and sold for no (Date) less than the appraised value; OR Option 3: Othe r: 3. DIVISION OF DEBTS: Each party shall pay the debts they have accumulated since the parties’ separation. The parties shall pay the following debts acquired prior to the separation: Type of Debt Name of Creditor and Last 4 Digits of Account No. Amount owed Will Be Paid By: Wife/Husband 1. WIFE HUSBAND 2. WIFE HUSBAND 3. WIFE HUSBAND 4. WIFE HUSBAND 5. WIFE HUSBAND 6. WIFE HUSBAND 7. WIFE HUSBAND 8. WIFE HUSBA ND 9. WIFE HUSBAND Additional sheets of paper are attached if needed Decree of Divorce (No Minor Children) Revised October 20 12 Page 6 of 8 4. AFTER DISCOVERED DEBTS OR LIABILITIES: If any debts or liabilities not listed herein exist or become known after entry of this Decree, the person in possession of the merchandise purchased, or for whose benefit the services were rendered, shall be responsible for the debt. 5. TITLE TRANSFER: Parties shall sign all documents necessary to complete all transfer of title ordered i n this Decree, such as motor vehicles, houses, and bank accounts. Otherwise, t his Decree can be used as a transfer of title and can be recorded. 6. SPOUSAL SUPPORT/ALIMONY: Neither party shall pay spousal sup port/alimony to the other party ; OR W ife OR Husband is ordered to pay the other spouse the sum of $________ __ per month spousal support/alimony BEGINNING THE FIRST DAY OF , 20 , and continuing to be paid on the same day each month until the receiving party is : remarried; OR deceased; OR until . (Date or Event) Unless stated otherwise, spousal support/alimony payments end if the receiving par ty is remarried or deceased. Payments made shall be included in receiving spouse’s taxable income and are tax deductible from the paying spouse’s income as required by law. 7. FILING INCOME TAX : [If Decree entered between January 1 st and April 15 th] For previous calendar years, pursuant to IRS rules and regulations, the parties will file joint federal and state income tax returns and hold the other harmless (meaning other party won’t be responsible) from half of all additional income taxes if any and other costs, and each will share equally in any refunds ; OR Separate federal and state income tax returns ; OR Other, explain: For this calendar year and continuing thereafter, each party will file separate federal and state income tax returns . 8. RESTORATION OF NAME : (This is wife’s sole decision). The wife’s for mer name is restored to: ; OR (List the f irst, middle and last name desired) The wife does not desire to have her name changed. Decree of Divorce (No Minor Children) Revised October 20 12 Page 7 of 8 9. DEFAULT: In the event that either party hereto shall fail to perform, in whole or in part, any obligation or duty imposed by the terms of this D ecree, such defaulting party shall be responsible fo r the payment of all reasonable attorney fees, costs, and expenses incurred by the other party as a result of such failure or default. 10. EXECUTION OF INSTRUMENTS: Each party shall promptly execute an d deliver to the other party or any nominee(s) of the other party, all instruments that may be necessary, convenient, or appropriate to carry into effect, fully and fairly, all of the terms of this Decree, and the parties shall also be free to revoke any s pecial or general powers of attorney heretofore given the other or given to any agent or nominee of the other. 11. LIMITED REPRESENTATION : Following Rule 1.2(c) of the Wyoming Rules of Professional Conduct, any attorney who has entered a limited appeara nce for the purpose of obtaining a divorce decree is now discharged. DONE this _________ day of ______________________, 20____. BY THE COURT: ________________________________ DISTRICT COURT JUDG E CHECK ONLY ONE BOX, AND SIG N WHERE INDICATED IN THAT SECTION ONLY : If the parties have agreed (both sign and have signatures notarized) : I certify that I have read the foregoing Decree of Divorce and that I understand and agree to the terms and agree to the en try of this Decree. _________________________ _____ Plaintiff’s signature STATE OF ______________________ ) ) ss COUNTY OF ____________________ ) Subscribed and sworn to before me by _________________________________, this ______ day of _______ ______________, 20 ______. Witness my hand and official seal ______________________________ Notarial Officer My Commission Expires: Decree of Divorce (No Minor Children) Revised October 20 12 Page 8 of 8 I certify that I have read the foregoing Decree of Divorce and that I understand and agree to the terms and agree to the entry of this Decree. _________________________ ____ _ Defendant’s signature STATE OF _____________________ ) ) ss COUNTY OF ____________________ ) Subscribed and sworn to before me by _________________________________ _, this ______ day of ________ _____________, 20 ______. Witness my hand and official seal: ______________________________ Notarial Officer My Commission Expires: If default has been entered and the Defendant did not respond: The above is true and accurate and I want the court to approve: ______________________________ Plaintiff’s signature If a court hearing was held : APPROVED AS TO FORM: _______________________________ ______________________________ Plaintiff’s signature Defendant’s signature Copies sent to: Plaintiff/Plaintiff’s Attorney’s Name and Address Defendant/Defendant’s Attorney’s Name and Address Certificate of Mailing Decree of Divorce Revised October 2012 Page 1 of 1 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Ac tion Case No. ___________ (Print name of person filing) ) ) vs. ) ) Def endant: __________________________ . ) (Spouse) (Print name) CERTIFICATE OF MAILING DECREE OF DIVORCE The undersigned certifies the mailing of: A Decree of Divorce to the following whose name and address is as follows: __________ _______________________________ Name __________________________________________ Address __________________________________________ City, State, Zip Code DATED this ________ day of ______________________________, 20___. CLERK OF THE DISTRICT COURT By:_____________________________________ (Deputy Clerk of Court) NOTE: You must bring the clerk the envelope s pre -addressed with postage when you present this form. List of Addresses for the Clerk of District Court O ffices List of Addresses for Clerk of District Court Offices Revised October 2012 Page 1 of 2 First Judicial District, Laramie County Clerk of District Court P.O. Box 787 Cheyenne, Wyoming 82003 (307) 633 -4270 Second Judicial District, Albany County Clerk of District Court P.O. Box 1106 Laramie, Wyoming 82070 (307) 721 -2508 Second Judicial Dist rict, Carbon County Clerk of District Court P.O. Box 67 Rawlins, Wyoming 82301 (307) 328 -2628 Third Judicial District, Lincoln County Clerk of District Court 925 Sage Avenue Kemmerer, Wyoming 83101 (307) 877 -3320 Third Judicial District, Sweetwater Cou nty Clerk of District Court P.O. Box 430 Green River, W Y 82935 (307) 872 -6448 Third Judicial District, Uinta County Clerk of District Court P.O. Box 1906 Evanston, Wyoming 82931 (307) 783 -0456 Fourth Judicial District, Johnson County Clerk of District Court 620 W. Fetterman, Ste. 208 Buffalo, Wyoming 82834 (307) 684 -7271 Fourth Judicial District, Sheridan County Clerk of District Court 224 S. Main Street, Suite B11 Sheridan, Wyoming 82801 (307) 674 -2960 Fifth Judicial District, Big Horn County Clerk of District Court P.O. Box 670 Basin, Wyoming 82410 -0670 (307) 568 -2381 Fifth Judicial District, Hot Springs County Clerk of District Court 415 Arapahoe Thermopolis, Wyoming 82443 (307) 864 -3323 Fifth Judicial District, Park County Clerk of Court P.O . Box 1960 Cody, Wyoming 82414 -1960 (307) 527 -8690 Fifth Judicial District, Washakie County Clerk of District Court P.O. Box 862 Worland, Wyoming 82401 (307) 347 -4821 Sixth Judicial District, Campbell County Clerk of District Court P.O. Box 817 Gillet te, Wyoming 82717 (307) 682 -3424 Sixth Judicial District, Crook County Clerk of District Court P.O. Box 406 Sundance, Wyoming 82729 (307) 283 -2523 Sixth Judicial District, Weston County Clerk of District Court 1 West Main Newcastle, Wyoming 82701 (307 ) 746 -4778 Seventh Judicial District, Natrona County Clerk of District Court P.O. Box 2510 Casper, Wyoming 82602 (307) 235 -9243 Eight Judicial District, Converse County Clerk of District Court 107 North 5th St Douglas, Wyoming 82633 (307) 358 -3165 Eight Judicial District, Goshen County Clerk of District Court P.O. B ox 818 Torrington, Wyoming 82240 -0818 (307) 532 -2155 Eight Judicial District, Niobrara County Clerk of District Court P.O. Box 1318 Lusk, Wyoming 82225 (307) 334 -2736 Eight Judicial Dist rict, Platte County Clerk of District Court P.O. Box 158 Wheatland, Wyoming 82201 (307) 322 -3857 Ninth Judicial District, Fremont County Clerk of District Court P.O. Box 370 Lander, Wyoming 82520 (307) 332 -1134 List of Addresses for the Clerk of District Court O ffices List of Addresses for Clerk of District Court Offices Revised October 2012 Page 2 of 2 Ninth Judicial District, Sublette County Clerk of District Court P.O. Box 764 Pinedale, Wyoming 82941 (307) 367 -4376 Ninth Judicial District, Teton County Clerk of District Court P.O. Box 4460 Jackson, Wyoming 83001 (307) 733 -2533
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