Free STATE OF WYOMING - Wyoming

STATE OF WYOMING

) ) ss COUNTY OF __________________) ________________________________ Plaintiff, vs. _______________________________ Defendant. ) ) ) ) ) ) ) ) )

IN THE DISTRICT COURT ___________ JUDICIAL DISTRICT

Civil Action No. ________________

AFFIDAVIT FOR DIVORCE WITHOUT APPEARANCE OF PARTIES (With Minor Children) (Only use if the parties have reached an agreement and both have signed the Decree of Divorce or if either party defaulted and all default paperwork has been presented to the court and an Entry of Default issued.) 1 STATE OF WYOMING COUNTY OF _____________ ) ) ss. )

_____________________________________, being first duly sworn, deposes and says: Insert Name 1. I am the Plaintiff Defendant in the case.

2. Plaintiff resided in the State of Wyoming for more than 60 days immediately prior to filing the Complaint for Divorce in this case. 3. The Plaintiff Defendant and I were married to each other on the _____ day of ___________, ____________ in _____________, ________________. (Month) (Year) (City) (State) 4. Plaintiff is currently a resident of State of __________________.
1

County,

Noonan v. Noonan, 2005 WY 145, states that the district court must base its findings of fact regarding property distribution, child custody, visitation, and support on some evidence in the record. "An entry of default prevents the defaulted party from appearing and presenting evidence; it does not relieve the non-defaulting party of its obligation to produce an evidentiary basis for the desired relief, nor does it relieve the district court of its obligation to base its findings of fact upon such evidence. Spitzer v. Spitzer, 777 P.2d 587, 592-93 (Wyo. 1989)."

DWCD 22 Affidavit for Divorce with Children Revised July 2006 Page 1 of 8

5. Defendant is currently a resident of State of ________________________.

County,

6. Plaintiff and Defendant are the parents, either natural or adoptive, of child(ren) who are either under 18 years of age, between the ages of 18 and 20 years and still in high school or a program equivalent to high school, or prevented from supporting him/herself due to a mental, emotional or physical impairment. Child's name: Child's name: Child's name: Child's name: 7. The wife is Birth date: Birth date: Birth date: Birth date: is not now pregnant.

8. Irreconcilable differences exist in the marriage. (NOTE: a reasonable explanation is necessary ­ "irreconcilable differences" or "we don't get along" and other similar statements are not sufficient). Explain:

9. Wife's previous name was ___________________________________ and she does does not want it restored. (This is solely wife's decision). 10. The attached Decree of Divorce equitably distributes the property and debt acquired during our marriage. In support of this assertion I am submitting the following evidence: Debts (For name on account, "P" = Plaintiff/Petitioner, A. "D " = Defendant/Respondent, "J" = Joint) PRINT CLEARLY OR TYPE
Party assuming debt in Order or Decree Creditor Acct# (last four digits) Name(s) on Account Date of Balance Balance Minimum Monthly Payment Required Main Purchase(s) for Which Debt Was Incurred

$

$

TOTAL

$
DWCD 22 Affidavit for Divorce with Children Revised July 2006 Page 2 of 8

B. Real Estate (For party designation, "P" = Plaintiff or Petitioner, "D" =Defendant or Respondent or "J" = Joint) PRINT CLEARLY OR TYPE
Party assumin g debt in Decree Property Type Owned and Address (residence, condo, rental, etc.) Name(s) on Title Fair Market Value Basis of Fair Market Value (appraisal, estimate, purchase price, etc.) 1st Mortgage Second Mortgage Equity

Total $ Add additional sheets, if necessary. Clearly identify any attached documents. C. Motor Vehicles (For party designation, "P" = Plaintiff or Petitioner, "D" =Defendant or Respondent or "J" = Joint)
Party Granted Property in Order or Decree Vehicle, Year, and Model Name(s) on Title Creditor to Whom Debt is Owing Basis Used to State Value (Estimate, NADA, or Kelley Bluebook) Fair Market Value Amnt of Debt Owing Equity

$ Total Add additional sheets, if necessary. Clearly identify any attached documents.

DWCD 22 Affidavit for Divorce with Children Revised July 2006 Page 3 of 8

D. Cash on Hand, Bank, Checking, or Saving Accounts, CD's (For party designation, "P" = Plaintiff or Petitioner, "D" =Defendant or Respondent or "J" = Joint) Person Type of Granted Account Item(s) in Order or Decree Institution and Location Account Name on Number Account Date of Balance Balance

Attach separate sheet of paper, if necessary Total

$

E. Furniture and Household Goods (For party designation, "P" = Plaintiff or Petitioner, "D" =Defendant or Respondent or "J" = Joint) ("Value" equals what you could sell it for in its current condition, such as at auction, not what you paid for it or cost of replacement.) Value of Plaintiff's or Petitioner's Possessions in Order or Decree Value of Defendant's or Respondent's Possessions in Order or Decree

Item Household furnishings and personal belongings (clothes, jewelry, etc.)

Total Add additional sheets, if necessary. Clearly identify any attached documents.

DWCD 22 Affidavit for Divorce with Children Revised July 2006 Page 4 of 8

F. Miscellaneous/Other Assets or Interests (not listed above) List all other assets, including life insurance, stocks, bonds, retirement benefits, income tax refunds owing, money owed to you, livestock, guns, etc. as distributed in Order or Decree. (For party designation, "P" = Plaintiff or Petitioner, "D" =Defendant or Respondent or "J" = Joint) Party to whom Description Account, serial or Value property belongs in other identifying Order or Decree number (if one)

Add additional sheets, if necessary. Clearly identify any attached documents. 11. Please list why the distribution of property and debts listed above is "equitable." The Wyoming Supreme Court has held that a just and equitable distribution does not necessarily mean "equal." The court evaluates the property division from the perspective of the overall distribution of marital assets and liabilities rather than from a narrow focus on the effects of any particular disposition. Further, in granting a divorce, the court shall make such disposition of the property of the parties as appears just and equitable, having regard for the respective merits of the parties and the condition in which they will be left by the divorce, the party through whom the property was acquired and the burdens imposed upon the property for the benefit of either party and children.

12. The attached Decree of Divorce sets forth provisions for child custody, visitation, parental decision-making and child support that I believe is in our child(ren)'s best interest(s). In support of this statement, I provide the following evidence, under oath and to the best of my information and belief. Keep in mind that the law requires the court to consider the following factors when determining the best interest of children so address as many of these factors as possible in your explanation of why the Decree serves the child(ren)'s best interests:
DWCD 22 Affidavit for Divorce with Children Revised July 2006 Page 5 of 8

(i) The quality of the relationship each child has with each parent:

(ii) The ability of each parent to provide adequate care for each child throughout each period of responsibility, including arranging for each child's care by others as needed:

(iii) The relative competency and fitness of each parent:

(iv) Each parent's willingness to accept all responsibilities of parenting, including a willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times:

(v) How the parents and each child can best maintain and strengthen a relationship with each other:

(vi) How the parents and each child interact and communicate with each other and how such interaction and communication may be improved:

(vii) The ability and willingness of each parent to allow the other to provide care without intrusion, respect the other parent's rights and responsibilities, including the right to privacy:

(viii) Geographic distance between the parents' residences:

DWCD 22 Affidavit for Divorce with Children Revised July 2006 Page 6 of 8

(ix) The current physical and mental ability of each parent to care for each child:

(x) Any other factors you want the court to consider necessary and relevant:

(xi) The law requires the court to consider evidence of spousal abuse (domestic violence) or child abuse as being contrary to the best interest of the children. Please state whether or not there has been any domestic violence or abuse in the relationship and whether the Decree adequately makes arrangements for visitation that best protects the child(ren) and the abused party from further harm:

I request the court grant me a divorce.

DWCD 22 Affidavit for Divorce with Children Revised July 2006 Page 7 of 8

OATH I affirm that this Affidavit (including attached sheets, if relevant) contains a complete disclosure, to the best of my information and belief, of all items of property in which my spouse and I have any current interest or expect to receive in the future based upon the work or events that took place during the marriage, and all liabilities for which I am aware that either of us could be held personally responsible. I also affirm that the representations made herein concerning my income and expenses, and that of my spouse, are accurate to the best of my knowledge. I am aware that should the information provided herein prove to be fraudulent or contain material misstatements or omissions, whether inadvertent or intentional, or be found to be inaccurate, the court shall have continuing jurisdiction to enter such orders as it considers necessary in equity and law to determine the rights and duties with regard to that property right or obligation. I am also aware the court may punish as perjury any materially false statements knowingly made with intent to defraud or mislead. Signature Printed Name: Address: Phone Number: Subscribed and sworn to before me by ____________________________ on this _____ day of ____________________, 20____. Witness my hand and official seal: ______________________________ Notary Public / Court Clerk My Commission Expires: CERTIFICATE OF SERVICE I certify that on (date) the original of this document

was filed with the Clerk of District Court; and, a true and accurate copy of this document was served on the other party by OR Hand Delivery OR Faxed to this number

by placing it in the United States mail, postage pre-paid, and

addressed to the following: TO: ______________________________________ ______________________________________ ______________________________________ (Your signature) Print name
DWCD 22 Affidavit for Divorce with Children Revised July 2006 Page 8 of 8