10 Wyoming Divorce Mistakes to Avoid (2026)

Mistake #1 — Filing Without a Complete Separation Agreement

Wyoming practice requires the Separation Agreement to be completed and ready before filing. It is filed with the Complaint. Filing without it — or with an incomplete agreement — will cause delay and require amendment.

Fix: Fully negotiate, draft, execute, and notarize the Separation Agreement before filing. File it as an exhibit to the Complaint.

Mistake #2 — Expecting Long-Term Alimony in Wyoming

Wyoming courts have authority to award alimony (Wyo. Stat. § 20-2-114) but in practice rarely award long-term alimony. This surprises many spouses who assume long marriages automatically result in significant alimony.

Fix: Do not assume long-term alimony will be awarded. If you depend on spousal support, negotiate it specifically in the Separation Agreement. Conversely, if you are concerned about paying long-term alimony, Wyoming's practice is favorable to you — but do not rely on assumptions; get it in the agreement.

Mistake #3 — Missing the 60-Day County Residency Requirement

Wyoming requires 60 days of residency in the county where you file — not just anywhere in Wyoming. Filing in the wrong county, or before 60 days, will result in dismissal.

Fix: Confirm that either you or your spouse has lived in the filing county for at least 60 days. If not, wait until you meet the threshold or file in the county where the 60-day requirement is already satisfied.

Mistake #4 — Filing the Deed at the Wrong Office

Wyoming real estate deed changes are recorded at the Wyoming County Clerk in the county where the property is located.

Fix: After the Decree, execute and record the Quitclaim Deed at the County Clerk's office for the correct Wyoming county.

Mistake #5 — Skipping the QDRO

The Decree does not automatically transfer employer retirement benefits. A QDRO is required for all ERISA plans.

Fix: After the Decree, engage a QDRO specialist. For Wyoming state and public employees in the Wyoming Retirement System (WRS), contact retirement.wyo.gov for DRO procedures.

Mistake #6 — No Refinancing Deadline for the House

If one spouse keeps the home, the other remains liable on the mortgage until refinancing.

Fix: Include a specific refinancing deadline (90–180 days after Decree) in the Separation Agreement and a fallback sale provision with clear terms.

Mistake #7 — Undervaluing Marital Property

Wyoming courts review whether the Separation Agreement is fair. Significantly undervalued assets may prompt court scrutiny or, later, challenge.

Fix: Use a licensed appraiser for real estate. Use documented fair market values for all significant marital assets. Include agreed values in the Separation Agreement.

Mistake #8 — Not Addressing All Marital Debts

Your Separation Agreement does not bind creditors. If your ex defaults on a joint debt assigned to them, the creditor can pursue you.

Fix: List every marital debt with creditor, account number, balance, assignment, and indemnification clause. Refinance joint debts into the responsible party's sole name before the Decree where possible.

Mistake #9 — Missing the 20-Day Waiting Period

The Decree cannot be entered until the 20-day waiting period has passed. Attempting to rush the process will simply be rejected by the court.

Fix: Build the 20-day waiting period into your timeline. In practice, the period typically passes while the court schedules the final hearing — so it rarely causes additional delay.

Mistake #10 — Not Updating Beneficiary Designations

The Decree does not automatically change beneficiary designations on life insurance, retirement accounts, or payable-on-death accounts.

Fix: Update all beneficiary designations immediately after receiving the Decree.

Last reviewed: March 2026 | Separation Agreement filed with complaint | Alimony rarely awarded long-term (Wyo. Stat. § 20-2-114) | 60-day county residency (Wyo. Stat. § 20-2-107) | 20-day waiting period | Wyoming County Clerk — deed recording | QDRO required | Wyoming WRS DRO — retirement.wyo.gov | Equitable distribution (Wyo. Stat. § 20-2-114) | courts.state.wy.us/court-self-help | wyolaw.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.