Divorce proceedings can be a complex and challenging period in a person’s life. Many factors are involved, including where one can file for divorce. A common question that often arises is whether it is possible to file for divorce in Wyoming despite being married in another state or country. In this article, we will delve into this matter in order to provide some clarity.
Residency Requirements for Filing for Divorce in Wyoming
To initiate divorce proceedings in Wyoming, you must fulfil specific residency requirements. It is essential that either you or your spouse have been a Wyoming resident for a minimum of 60 days before filing for divorce. This means residing in Wyoming for at least two months before commencing any divorce-related actions.
Can You File for Divorce in Wyoming if You Were Married in Another State or Country?
The simple answer to this question is yes – you can file for divorce in Wyoming even if your marriage took place in another state or country. However, several considerations need to be taken into account beforehand.
Jurisdictional Issues
When attempting to file for divorce in a state where the marriage did not occur, jurisdictional issues may arise. For instance, if you were married in California but currently reside in Wyoming, it is crucial to determine whether Wyoming has jurisdiction over your divorce case.
To establish jurisdiction, it is necessary to examine the residency requirements for both Wyoming and the state where the marriage took place. In most situations, if either you or your spouse is a resident of Wyoming for a minimum of 60 days, Wyoming will assume jurisdiction over your divorce proceedings.
Property Division
Another significant factor to bear in mind is how property division will be managed. Divorce laws pertaining to property division vary among different states. Consequently, if your marriage took place in a different state, the laws governing property division in that specific state might differ from those in Wyoming.
When filing for divorce in Wyoming, it is Wyoming’s property division laws that will be applicable. This means that any property obtained during the marriage will be subject to Wyoming’s property division laws, regardless of the location where the marriage ceremony occurred. Seek advice from a legal professional to ensure that you fully comprehend how property division will be handled in your particular circumstance.
Conclusion
If you were married in another state or country, it is possible to file for divorce in Wyoming provided that you or your spouse satisfy the residency requirements. Nevertheless, it is important to consider jurisdictional and property division issues carefully. Consulting an attorney is always recommended to guarantee that your divorce case is handled appropriately and that your rights are adequately protected.