Free THE STEPS - Wyoming

THE STEPS--DIVORCE WITH NO MINOR CHILDREN-- DEFENDANT
1.

Answering the Complaint for Divorce. a. Answer to Complaint for Divorce.

If you have been served with a Complaint for Divorce, you should file an Answer to Complaint for Divorce with the clerk of the district court where the Complaint for Divorce was filed. An Answer to Complaint for Divorce is a written document explaining to the court exactly which provisions you agree with and which provisions you deny. If you fail to answer, a default judgment will be entered against you and your spouse may be entitled the relief he or she asked for in the Complaint. You must fill in the caption. DO NOT forget to include the case number.

Case Number: A lawsuit begins when the plaintiff files the necessary paperwork with the clerk of the district court. At that time, a case number will be included in the "caption". The caption is the top section of a pleading, motion, and complaint stating the name of the plaintiff, defendant, court and identifying the case number.

b.

Admit or Deny. To answer the papers, you should go through each and every paragraph of the Complaint for Divorce and either "admit" or "deny" each paragraph. If you do not have sufficient information to either admit or deny a particular allegation, you must state that in your Answer to Complaint for Divorce. If you disagree with something and you fail to "deny" it in your Answer to Complaint for Divorce, the judge can find that you admitted it. Time limit to answer. You have only a limited amount of time to file an Answer to Complaint for Divorce. Generally, if you were served within the State of Wyoming, you will have 20 days to file the Answer to Complaint for Divorce. If you were served by publication, certified mail, or outside the State of Wyoming, you generally will have 30 days to file an Answer to Complaint for Divorce. If you do not file an Answer to Complaint for Divorce by your deadline, then your spouse may obtain a Decree of Divorce giving him/her everything he/she requested in the Complaint for Divorce. Computation of Time Limits. - In computing most time limits, unless otherwise stated, the day the pleading is served shall not be included. The last day of the period so computed shall be included, unless it is a

c.

d.

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Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper, a day on which weather or other conditions have made the office of the clerk of the court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. A "legal holiday" includes any day officially recognized as a legal holiday in this state by designation of the legislature or appointment as a holiday by the governor. Wyoming Rules of Civil Procedure Rule 6.

NOTE: If you have any question or concerns as to the deadline to file the Answer to Complaint for Divorce, you should consult an attorney.
e. Certificate of Service: Copies of all documents sent to or filed with the court must be sent to the other party before the judge will consider them. A Certificate of Service must also be filed with the clerk of district court. This is the document that informs the court which documents you mailed or otherwise delivered to the other party (or to their attorney if they are represented) providing the name and address of the person you mailed them to and the date you mailed the documents. You should also keep a copy for your own records. Copies. Make two (2) copies of the document. The original will be filed by the clerk of district court, one copy is for your spouse (the plaintiff) and the other copy is for you (the defendant). You will need to repeat this step for all documents you file with the court. You must send a copy to your spouse (or your spouse's attorney if he/she has hired one). File Stamp. The clerk will "file-stamp" the documents. The file stamp will be proof as to what date you filed the document with the court.

f.

g.

2.

Answer and Counterclaim for Divorce. If you want the judge to
grant relief to you (for example, give you the divorce, award property to you, order your spouse to pay alimony, take your previous last name back, etc.) you should file an Answer and Counterclaim for Divorce. An Answer and Counterclaim for Divorce responds to your spouse's Complaint for Divorce and gives you an opportunity to tell the court what you want to happen with the divorce. First, you will go through each and every paragraph of the Complaint for Divorce and either "admit" or "deny" each paragraph. Second, the Counterclaim for Divorce portion of the document asks the judge to give you what you want. You must fill out all of the information in the Answer and Counterclaim for Divorce completely.

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a.

Restoration of Wife's previous name: The wife should state whether or not she would like to resume her prior name in either the Complaint if she is the plaintiff, or a Counterclaim if she is the defendant. This is the wife's choice ONLY; the husband cannot demand that his wife's name be changed. Copies. See "Copies" above. You must send a copy to your spouse (or your spouse's attorney if he/she has hired one). File Stamp. See "File Stamp" above. Time limit to file Answer and Counterclaim. The same time limits apply as the Answer to Complaint for Divorce above.

b.

c. d.

NOTE: If you have any question or concerns as to the deadline to file the Answer and Counterclaim for Complaint for Divorce, you should consult an attorney.
e. Reply to Counterclaim. Plaintiff must reply to the Counterclaim. If you file a Counterclaim, your spouse will have 20 days to "reply" by filing a Reply to Counterclaim. Your spouse will either admit or deny the separate allegations in your Counterclaim. If your spouse fails to reply to the Counterclaim, you may be entitled to file Default paperwork seeking the relief you request in your Counterclaim. Certificate of Service. Before filing the original, fill out the Certificate of Service completely showing the exact date you mailed or otherwise delivered a copy to your spouse (it must be postmarked the same day if you mail it), or, if your spouse is represented by an attorney, then the date you mailed a copy to your spouse's attorney.

f.

3.

Initial Disclosures.
a. Initial Disclosures. A special rule was adopted for use in divorce actions. That rule requires certain information be made available at least thirty (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. Please note that "A party must make its disclosures 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 because another party has not made its disclosures."

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WHEN TO SERVE: You should fill out an INITIAL DISCLOSURE IMMEDIATELY and send it to the other party (or their attorney if he or she has one) WITHIN 30 DAYS AFTER THE DEFENDANT IS SERVED. DO NOT FILE THE INITIAL DISCLOSURES IN THE COURT. Fill out the Notice of Service of Initial Disclosures, make two (2) copies and file the original with the court and send or deliver one copy to the other party (or his or her attorney if he or she has one) and keep a copy for yourself.

4.

Service of papers filed with the court to the other party.
a. Service. Except for the Complaint for Divorce which must be officially served in a particular manner, service of other papers filed with the court must be served upon the attorney for the other side if there is one or upon the other party by delivering a copy to the attorney or party or by transmitting it to the attorney or party at the attorney's or party's last known address by mail or by other equally reliable means, including facsimile transmission, or, if no address is known, by leaving it with the clerk of the court. Wyoming Rules of Civil Procedure Rule 5(b).

5.

If the other party fails to respond to your Answer and Counterclaim for Complaint for Divorce, file the default paperwork.

After the required waiting period has expired, you may obtain what is referred to as a divorce by default. a. Default paperwork. Prepare and sign the Application for Entry of Default. Fill out completely and submit the Affidavit in Support of Default. If your paperwork is correct, the clerk of the district court will sign an Entry of Default. In some counties, you can present the clerk a copy of the Decree of Divorce at the same time as the default paperwork is presented. Don't forget to include the other necessary documents (see below). Confirm the proper procedure with the clerk of district court's office. Also provide the clerk with self-addressed stamped envelopes (one addressed to you and one addressed to your spouse or his/her attorney).
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b.

Other necessary documents. Include: Certificate of Mailing (check with clerk) Affidavit for Divorce Without Appearance of Parties (only if no hearing is required. Check with clerk) Self addressed, stamped envelopes (one addressed to you and one to the other party). Copies. Make two (2) copies of each of the documents. One copy will be for your records and the other is for your spouse. Hearing. In some courts, a hearing is required before the judge will sign the Decree of Divorce. You request a hearing by completing the Motion to Set Hearing/Trial. Check the "default" box. Indicate how much time you think it will take for you to present your evidence and write that in (usually fifteen (15) minutes). 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 other party. Remember to provide selfaddressed, stamped envelopes for you and the other party to the clerk. Evidence at the hearing. At the hearing, you will need to inform the judge that you have lived in Wyoming for at least sixty (60) days immediately before you filed the complaint, the reason(s) there are irreconcilable differences in the marriage and the terms of the decree (who gets what) and give the Decree of Divorce with the appropriate number of copies 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 ideally sign your Decree. SEE "Other necessary documents" above. WHEN IS YOUR DIVORCE 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 (20) for the judge to sign the Decree. You must verify with the clerk's office that the Decree has been file-stamped before you can be sure your divorce is final.

c.

d.

e.

f.

Your divorce will not become final until the judge signs the Decree and it is filed by the clerk of court. Giving the papers to the clerk does not ensure you are divorced or will be divorced. If you do not fill out the paperwork correctly, the Judge will not sign the Decree and you will not be divorced.

6. Settlement: If you and the other party both agree on all of the issues.
a. Review. You and the other party need to carefully review any information either of you have regarding property and debts.

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b.

Prepare. Prepare the Decree of Divorce and other forms. The Decree will need to be completely filled out, signed by both of you and both of your signatures notarized. Copy. Make two (2) copies of each of the documents. One copy will be for your records and the other is for your spouse. Call the clerk to see if any other forms are required (Certificate of Mailing or Affidavit for Divorce). If so, see if a hearing is required by the judge. If no hearing is required, submit the forms to the clerk. Also provide the clerk with selfaddressed stamped envelopes addressed to you and the other party. Setting a hearing. In some courts, a hearing is required before the judge will sign the Decree of Divorce. You request a hearing by completing the Motion to Set Hearing/Trial and submitting it with an Order Setting Hearing/Trial. Write in "settlement" 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 15-minutes if there is an agreement). Default divorce hearing when parties' agree. If the parties agree and each has signed the Decree in front of a notary public or where allowed, the clerk of district court, the Defendant may not have to attend the hearing. At the hearing, the plaintiff will need to inform the judge that he or she has lived in Wyoming for at least 60-days immediately before filing the Complaint, the reason there are irreconcilable differences in the marriage and the settlement reached (who gets what) and give the Decree of Divorce with the appropriate number of copies to the judge. The judge may ask the plaintiff questions. The party requesting the divorce, may also need to present the clerk a Certificate of Mailing and pre-addressed stamped envelopes addressed to both parties. If no hearing is required, the Judge may sign the Decree after receiving a completed Affidavit for Divorce without Appearance of Parties from the Plaintiff. If Defendant filed a Counterclaim, he or she may file a completed Affidavit for Divorce without Appearance of Parties instead of having Plaintiff do one. The judge will not guide the party requesting the divorce through the hearing, tell him/her how to proceed or advise him/her on the law. Following the hearing, the judge will ideally sign your Decree. 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 (20) for the judge to sign the Decree. You must verify with the clerk's office that the Decree has been file-stamped before you can be sure your divorce is final.

c.

d.

e.

f.

g.

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7.

If you and the other party cannot reach an agreement:
a. Mediation. Judges may order or the parties may agree to appear before a mediator, who is a specially trained, neutral third party. A mediator will see if the issues can be resolved. The parties will be responsible for any fees associated with mediation. (NOTE: The American Bar Association recommends that court-mandated mediation include an opt-out prerogative in any action in which one party has perpetrated domestic violence upon the other party. See http://www.abanet.org/domviol/med_reccomend.html) Divorce trial. If there is no agreement, your case will have to be heard and decided by a judge at a trial unless an agreement is reached. It is strongly recommended that you hire 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. You or the other party will need to request a hearing by completing a Motion to Set Hearing/Trial. 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 ½ a day). You also need to circle whether or not you wish a court reporter. If you request a court reporter, you will be responsible for paying the fees. Requesting a trial setting. You will file the Motion to Set Hearing/Trial and the Order Setting Divorce Trial and Requesting Pretrial Statements with the clerk's office and they will fill in the hearing date and time and mail a copy to you and the other party. Pretrial Disclosures. - A party must provide to other parties and promptly file with the court the Pretrial Disclosures regarding the evidence that it may present at trial. This may be in addition to the Pretrial Memorandum included in the packets. If you have questions, you 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. Fill out the Notice of Service of Pretrial Disclosures, make two (2) copies and file the original with the court and send or deliver one copy to the other party (or his or her attorney if he or she has one) and keep a copy for yourself. f. Disclosure of Expert Witnesses. (If you plan on calling an expert witness to testify in your case, it is recommended that you contact an attorney for assistance with this information and representation, if possible)

b.

c.

d.

e.

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With regard to expert testimony, the parties are required to disclose the identity of experts who may be used at trial and with regard to retained experts or employees whose duties regulate the giving of expert testimony; the provision of a written report prepared and signed by the witness setting forth the opinions to be expressed; the reasons and basis therefore; the foundation for formation of such opinions and exhibits; the qualifications of the witness; compensation paid for the study and testimony; and a listing of all cases in which the witness has testified as an expert at trial or by deposition within the preceding four (4) years. Expert witness disclosures are required to be made, unless otherwise ordered, at least ninety (90) days before the trial date, and for rebuttal experts, thirty (30) days after the disclosure made by the other party. Additionally, the court has adopted rules regarding pretrial disclosures mandating that the parties provide the court with the names and addresses of all witnesses who may be testifying at time of trial, designation of those witnesses whose testimony is expected to be presented by means of deposition, and identification of each document or exhibit that the party expects to offer. Those disclosures are required to be made at least thirty (30) days before trial. Fill out the Notice of Service of Expert Witnesses, make two (2) copies and file the original with the court and send or deliver one copy to the other party (or his or her attorney if he or she has one) and keep a copy for yourself.

g.

Settlement after trial date set. In the event that your case settles before the trial, you must present the court with the agreement (or Decree of Divorce) in writing 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. Court reporter. If you wish to have a court reporter you are required to provide notice to the official court reporter at least five (5) working days before the matter is set for hearing. The five-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 made payable to the Wyoming State Treasurer. Rule 904 Uniform Rules of the District Courts of the State of Wyoming.

h.

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A court reporter is the person who will type word-for-word what is spoken at a hearing or trial. The court reporter can then prepare a transcript of the hearing/trial for use at other hearings and/or appeals. There will be an additional fee charged to have a written transcript of the proceedings created. i. Before and at the trial. If the Order Setting Divorce Trial and Requesting Pretrial Statements is entered, prior to the trial (usually 3 or 5 days before) you must follow 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. At the trial, you will need to present your evidence and witnesses. Under the law, the judge cannot help you or assist you at trial. You are on your own without an attorney. Following the trial, the judge will make a decision or may take 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.

j.

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. k. 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 sign the Decree.

8.

Motions for some action by the court.
a. There are several remedies that are available in divorce actions that are not included in these packets. For instance requests for temporary relief are so different and complex that having an attorney assist you is highly recommended. For each motion you wish to file, you must fill out the appropriate form(s) completely, as well as a Motion to Set Hearing/Trial. The Motion to Set Hearing/Trial must be filed with the clerk's office. The Motion to Set Hearing/Trial allows the court to hear about your motion and to make a ruling regarding your request. It also tells the court what the hearing is for and the amount of time needed. If you require a court reporter, his/her fee must be paid by you. The judge's clerk will fill in the hearing date and time and return the Order Setting Hearing/Trial to you. You must mail a copy to the other party and complete a Certificate of Service stating that you have done so.

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b.

If the other party files a Motion: You should fill out a Response to Motion for _____________. If you fail to respond in writing, you may be prevented from responding at the hearing, and the other party may be given what he/she asked for in the motion. Generally, your response must be filed and delivered to the other party within 20 days from the date it was mailed or, if there is a hearing, 3 days before the hearing date, whichever is sooner. You should attach to your response, any documents or other evidence you wish the judge to consider. Do not forget to include a Certificate of Service. Motion Hearings: At the hearing, it is recommended that you bring an order for the judge to sign. This packet does not include orders for all motions. If the judge signs the order(s), it will be in effect while the divorce action is pending and cease when the decree is final. You will be expected to present your evidence and witnesses at the hearing and will be held to the same standards as an attorney. Witnesses must be competent, knowledgeable and relevant. You may be limited in the number of witnesses you can call and the amount of time you can spend. Some courts require written evidence only and you should present notarized statements from witnesses rather than have them appear in person. You should check with the court regarding their policies and procedures prior to the hearing. The judge will make a decision usually at the hearing but sometimes it may take longer. One of the parties may be ordered to take that decision and type it into an Order incorporating the judge decision.

c.

d.

Emergencies. There are some emergency procedures that may be taken regarding personal safety, property and money issues. It is highly recommended that you seek an attorney to assist you if you believe that the safety and welfare of any children are at risk or any property, including finances, may be destroyed or altered. Representing yourself in a divorce is not recommended when there are emergency situations.

9.
a.

Time Limits on Motions.
Time to file a response. A party affected by the motion shall serve a response, together with affidavits, if any, at least three days prior to the hearing on the motion or within 20 days after service of the motion, whichever is earlier. Unless the court by order permits service at some other time, the moving party (person making the motion) shall serve a reply, if any, at least one day prior to the hearing on the motion or within 15 days after service of the response, whichever is earlier. Unless the court otherwise orders, any party may serve supplemental memoranda or

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rebuttal affidavits at least one day prior to the hearing on the motion. b. A request for a hearing may be served by the moving party or any party affected by the motion within 30 days after service of the motion. Absent a timely request for hearing the court may, in its discretion, determine the motion without a hearing. A motion not determined within 90 days after filing shall be deemed denied. A party whose motion has been deemed denied shall have 10 days after the effective date of such denial to serve such pleadings or other papers, if any, as may be required or permitted.

10.

DISMISSING THE DIVORCE.

If you and your spouse decide to get back together or to postpone the divorce, you must file a Motion to Dismiss Divorce Action. Only the Plaintiff needs to sign if the Defendant has not been served with a copy of the Complaint for Divorce or has been served but has not answered or counterclaimed. If, however, the Defendant has been served with a copy of the Complaint for Divorce and has either answered or counterclaimed, both parties need to sign the Motion to Dismiss and the Order Dismissing the Divorce Action.

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