Free Wyoming Marital Separation Agreement

Couples with troubled marriages go through a substantial amount of stress. There are fights, and endless disagreements and most couples do not see eye to eye. Considering all that these couples go through, most of them think of getting divorced. Some go forth and file for divorces, but most couples hope that they can work things out and get stuck or just walk out.

Instead of giving up, you may consider getting a break from each other. With a break, you can figure things out and decide if you can get back together, stay married or not. The legal provision for the break is a legal separation.

Legal Separations

A legal separation refers to a legally acceptable decision that allows a couple to live separately but married, unlike a divorce that dissolves a marriage.

Following a decree of legal separation, the court helps determine the rights and obligations of couples in relation to child custody, support, and visitation, the division of assets and debts, alimony, and the division of marital property.

The court can also order the duration of the separation. In Wyoming, the court will order that a couple stays separated for a specific period of time after which, the couple should either reconcile or convert their legal separation into a divorce.

But, some couples wish to stay married but separated for the rest of their lives. In these cases, the court enters a permanent separation with no time limit.

Separation Agreement

If a couple comes to a mutual understanding of their separation and they don’t want to fight over the different elements of their lives, then the Wyoming marital separation agreement comes into play.

The separation agreement is a legally binding contract signed by spouses wishing to resolve issues relating to children, property, and debt, among others. It is a complex, detailed document which varies to meet the unique needs and situations of different spouses. We have a template for marital separation agreement in Wyoming here.

  • Conditions for legal separation

    • For you to partition for a separation, the petitioner must be a resident in Wyoming for at least 60 days before filing the petition.

    • Also, the marriage must have taken place in Wyoming, and the filing spouse should have resided in Wyoming from the date of the marriage to the date of filing.

    • Just like filing for divorce, you can file for legal separation because of irreconcilable differences.

    • Incurable insanity and confinement in a mental institution of a spouse for at least two years before filing for separation

Note that Wyoming is a no-fault state and a party doesn’t have to allege misconduct on the spouse’s part for them to file for legal separation.

  • How to file a petition for legal separation

    • The defendant must be served the process including the summons as well as a petition

    • During a court hearing, the petitioner gets to argue his or her petition.

    • In the hearing, the judge will pose questions to the plaintiff and the defendant.

    • If the defendant agrees with the court decision to separate or he/ she fails to attend the hearings, the court gives the order to authorize the legal separation.

If you wish to have a quiet separation, this marital separation agreement will help expedite the process keeping the peace between you and your spouse.

Whether you live in Cheyenne, Casper or any other city of Wyoming, you can use our legal forms easily.