Vermont divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Vermont divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
In Vermont, a Complaint for Divorce can be filed if at least one party has been a resident of the state for 6 months or more.
Vermont Grounds for Divorce
Divorces can be granted in Vermont on both no-fault and fault-based grounds.
Uncontested Divorce in Vermont
There are no specific simplified processes for divorce in Vermont; however, if a divorce is uncontested, it can move more quickly through the courts. That is possible as long as both parties agree on all the terms and conditions of the divorce.
Contested Divorce in Vermont
When the parties cannot agree on some terms of the divorce, it becomes a contested divorce and generally proceeds more slowly. The process differs for each action, since the discovery period varies, the scheduling of court dates can be unpredictable, and for some, an agreement may be reached before the hearing date, concluding the process more quickly.
Annulment in Vermont
An annulment is the legal action voiding an illegal marriage. Annulments are rare in Vermont, due to the difficulty or proving the grounds for this action:
- Mental incapacitation, partial or complete
- Physical disability
- Bigamy
- Addiction to drugs or alcohol
No Fault Divorce in Vermont
Those filing for a no-fault divorce in Vermont must be able to prove that they have lived separate and apart for 6 months or more with no hope of reconciliation.
Vermont Fault Divorce
The grounds of filing a fault-based divorce in Vermont include:
- Adultery
- Imprisonment for at least 3 years
- Intolerable severity or misconduct in either party leading to physical or mental injury
- Wilful desertion lasting 7 years or more, with no contact
- Failure to provide for a spouse when one has the means to do so
- Incurable insanity
Vermont Divorce and Child Custody
Child Custody Laws
When the courts in Vermont must rule on child custody matters, they generally base their decisions on the following factors:
- The child’s relationship with their parents, and the parents’ ability to provide the necessary love and guidance
- The parents’ ability to provide food, clothing, medical care, material needs, and protection
- The parents’ ability to meet the child’s developmental needs
- The child’s ability to adjust to home, school, and community
- The parents’ ability to encourage and facilitate the child’s relationship with the other parent
- The child’s relationship with the custodial parent
- The child’s relationship with others who can affect their well-being
- The parents’ ability to cooperate in the guidance and responsibilities for the child
Child Alimony (Vermont Child Support)
Child support orders in Vermont courts are generally calculated according to the official child support guidelines, although they can be adjusted based on these factors:
- The child’s financial resources
- The child’s standard of living were it not for the divorce
- The child’s physical, emotional, and educational needs and conditions
- The parents’ financial resources, needs, and obligations
- The effect of inflation on the parties and their support amounts
- The educational needs of either parent
- The parents’ travel expenses due to child visitation
Parents in Vermont use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.
Vermont Divorce Spousal Support
Vermont courts encourage spouses to form a spousal support agreement on their own; however, if that is not possible, the courts may order support based on these factors:
- The dependent party’s resources
- The time and cost required for the dependent party to receive sufficient training and education to obtain appropriate employment
- The marital standard of living
- The length of the marriage
- The parties’ age and health
- The supporting party’s ability to meet their own needs while providing support for the other
- The influence of inflation on the cost of living
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court.
Temporary Spousal Support
Determined at the discretion of the court.
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Vermont
Spouses in the military are protected by Vermont law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From a Vermont Divorce Lawyer
With all of the elements that must be agreed upon in a divorce procedure, especially one in which there are disputes between the parties, it can be vital to have the advice of a divorce attorney in Vermont who has helped couples through this process successfully countless times.