How long a divorce takes depends on what the parties agree on. If the Parties agree that they both want a divorce, that is a good first step. However, to make the divorce happen fast, they must agree on the terms of the divorce.
Divorce Waiting Period in Wyoming
Wyoming, as most states, has a waiting period before you can get a divorce. It is twenty (20) days from the date of filing for divorce.
So that is the shortest possible time to get a divorce. On the twenty first date after filing the Complaint. It does happen occasionally, but it is hard to pull off.
Parties in Agreement on Divorce Terms
A Judge will only sign a Divorce Decree if is correctly drafted, and both Parties, or their attorneys, have already signed it.
The only way to get a decree to a Judge in less than twenty days is for the Parties to agree on all the terms. If there is disagreement on anything, then things will take longer.
Agreement on Property Division
If the marriage was short, and there is not a lot of property to divide, then this can be done quickly. If the marriage is longer, and the Parties have more stuff, then it might take a while to figure out the value of various things, and then agree on a fair division.
When there is real estate involved, the Parties have a lot more decisions to make and issues to negotiate. They may need to wait for an appraisal.
If they decide to sell the home, then who will stay in the home while it is on the market? Will that person pay the mortgage, taxes, utilities and repairs? How will they decide which offer to accept?
If they do not sell, then who is going to keep the home? How much will the home keeper pay to their spouse for the equity? How and when are they going to make that payment?
Agreement on Debt Allocation
If there are few debts, then this dividing them is easier. If the debts are in the spouses’ individual names, then the division is even easier.
Short marriages and very long marriages have the fewest debts. However, most marriages result in a number of joint debts. In those cases, the Parties need to decide who is going to take which joint debt, how will they get each other off those debts. The parties also need to decide, and put in the decree, what will happen if a party cannot pay the debts they took on.
Agreement on Retirement Accounts
Retirement accounts and 401k’s can be major marital assets even in relatively short marriages. If one of the spouses began their plan prior to the marriage, then figuring out the other spouse’s share can be time consuming.
Agreement on Custody, Visitation and Support
When there are minor children, the Parties have a whole lot more things to agree on.
- Where will the children live?
- How often will they visit the other parent?
- Where will the Parties exchange the kids?
- Which parent will have which holiday?
- How much is child support?
Conclusion
The time it takes to divorce will depend on what the Parties agree on. The more they have, the more opportunity for disagreement. The more disagreement, the longer the divorce takes.
If there is agreement on everything, and the Parties get their Decree drafted and signed, then they can get a Wyoming divorce in twenty one (21) days.
If there is more than one attorney involved, and the Parties agree on everything, then it will take a little longer. That’s because each attorney will need to review the documents, and probably tweak the language, before it can be submitted to the Judge. It can still be done in a month or two.
If all the Parties agree on is that they want a divorce, but they fight about all the terms, then their divorce will probably take longer than a year.
By Steve Harton