Default Divorce in Wyoming

When your spouse refuses to respond to divorce papers — or simply disappears — Wyoming law provides a clear path forward. A default divorce lets you finalize the dissolution without your spouse's participation, as long as you follow the exact procedural sequence.

When Default Applies

After you serve your spouse with the Complaint and Summons, they have a specific window to file a written Answer:

• 20 days if served within Wyoming
• 30 days if served out of state or by publication

If that deadline passes with no response filed at the District Court, your spouse is in default.

The Default Entry Process

Getting from "no response" to "default entered" requires three filings:

1. Application for Entry of Default

File the Application for Entry of Default (DIVNoCP 11 for no-children cases, DIVCP 15 for cases with children) with the Clerk of District Court. This formally requests the court to note that the Defendant has failed to respond within the statutory window.

2. Affidavit in Support of Default

Simultaneously file the Affidavit of Plaintiff in Support of Default (DIVNoCP 12 or DIVCP 16). In this sworn statement, you verify three things:

1. Your spouse was properly served (attach proof of service)
2. The response deadline has passed
3. Your spouse is not an active-duty member of the military protected by the Servicemembers Civil Relief Act (SCRA)

The military status check is mandatory. If your spouse is on active duty, the court must appoint an attorney to represent their interests before proceeding.

3. Entry of Default

Once the Clerk or Judge reviews your Application and Affidavit, they sign the Entry of Default (DIVNoCP 13 or DIVCP 17). This is the critical document — once entered, your spouse is legally barred from contesting the terms of the divorce.

After Default Is Entered

With the default in place, you submit your proposed Decree of Divorce to the judge. Since your spouse has not contested any terms, the court generally accepts the terms you proposed in your Complaint — property division, custody, support.

Finalization follows the same county-specific paths as any other divorce:

• Paper-only counties: Submit the Affidavit for Divorce Without Appearance and proposed Decree; the judge reviews and signs
• Hearing-required counties: Schedule a brief hearing where you testify to residency, marriage facts, and irreconcilable differences

Can a Default Be Undone?

Yes, but only under narrow circumstances. If your spouse later claims they never received service, were incapacitated, or had another legally valid excuse, they can file a Motion to Set Aside Default (available in Self-Help Packet 10). The court evaluates whether the default was entered properly and whether setting it aside would be just.

Once a final Decree is signed, setting aside the default becomes significantly harder.

Common Mistakes in Default Cases

Not filing the SCRA affidavit: Courts will not enter a default without the military status verification. Check the Department of Defense database or include a statement of your personal knowledge of your spouse's civilian status.

Waiting too long after the deadline: File the default paperwork promptly after the response window closes. Delay can complicate the record if your spouse later claims they attempted to respond.

Assuming default means automatic approval: The judge still reviews your proposed terms. If your custody or support requests seem unreasonable — especially with no opposing argument on record — the judge may modify them.

The Wyoming Divorce Filing Process Guide walks through the entire default sequence with the exact forms and filing order for both children and no-children cases.

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