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With respect to grounds or causes for divorce, Wyo. Stat. Ann. § 20-2-104 (1977) provides that a divorce may be decreed by the district court of the county in which either party resides on the complaint of the aggrieved party on the grounds of irreconcilable differences in the marital relationship. As to the grounds for divorce, the statute requires proof only of "irreconcilable differences" to permit the court to award a decree of divorce. It matters not which party was at fault in bringing about the differences which cannot be reconciled. All that is required is that the irreconcilable differences exist.
The parties were married and had three children. The wife was awarded custody of the children and the husband was required to pay child support. Each party received a like amount of the marital assets but the husband was required to satisfy the debts of the parties. The wife first contended that the district court erred by finding the wife at fault in determining which party should be granted the divorce. The husband had begun the action by filing a complaint for divorce. The wife, in a counterclaim, also prayed for divorce. The district court rendered a divorce decree and the wife appealed its provisions for child support, division of property, and denial of alimony and attorneys fees.
Was there error in finding the wife at fault and granting divorce to the husband?
The court held that Wyo. Stat. Ann. § 20-2-104 (1977) provided that a divorce could be granted upon proof of irreconcilable differences. Both parties could be aggrieved. The court affirmed the district court's finding that it was the wife who was dissatisfied with the lifestyle of the marriage and who had moved away with the children. On appeal, the court considered the merits of the parties, their respective educations, college degrees and abilities, and could not find an abuse of discretion in the manner in which the district court divided the property of the parties, awarded child custody and support, and declined to award alimony or attorney's fees.