Vermont Divorce Laws, What you should Know

Vermont Divorce Laws
Having a general idea of the most important Vermont divorce laws is essential if you intend to file for divorce in this state. Your understanding of the laws can help you know what to expect going in to a divorce case, meaning you’re less likely to get caught out by an unexpected surprise. While of course you should hire a good lawyer in the majority of circumstances, educating yourself on the law can help you get a better chance of resolving issues like child custody and property distribution in ways that suit you. This article will cover the essentials of Vermont divorce laws, including residency requirements and grounds for filing, property distribution laws, and the laws and guidelines relating to what will happen to children produced by the marriage.

First of all, in order to legally file in Vermont to begin with you must meet the state residency requirements. The residency requirements in Vermont are a little complicated. You can file in Vermont as long as either you or your spouse has lived in the state for a minimum of six continuous months prior to this. However, you or your spouse needs to have lived in the state for at least a year prior to an actual divorce being granted. In other words, if you and your spouse have only lived in Vermont for six months prior to filing, you will have to wait at least six months before a divorce can actually occur.

Grounds for Divorce in Vermont
Vermont allows for divorce on No Fault grounds if the spouses have been living separately for six months or more, intentionally, without any reasonable hope of resuming normal marital relations.

There are also six Fault grounds provided for by Vermont divorce laws. The first of these is adultery – on the part of either husband or wife. A divorce can also be filed is one spouse is imprisoned for life. Alternatively, the divorce can be filed if a spouse is imprisoned for more than three years, as long as the spouse is actually in prison at the time of filing.

Another grounds for divorce in Vermont involves one spouse refusing to provide for the needs of the other, despite having the complete ability to do so. Intolerable severity on the part of either spouse is also included as a grounds for divorce in Vermont.

Wilful desertion is another grounds for divorce. The law also makes provision for a situation in which one spouse has been absent and has made no contact for a continuous period of seven years or more. The last grounds for divorce in Vermont is incurable insanity of either spouse, as verified by a psychiatric expert.

Property Distribution
Vermont courts attempt to divide contested marital property fairly according to the principle of equitable distribution. Factors that will come into play in the judge’s decision include the relative needs of each spouse, each spouse’s age, the length of the marriage, and the income and career level of each spouse. This is by no means a complete list – and bear in mind that other factors will have an influence on this aspect of the case. For instance, the parent awarded child custody may also be allowed to retain the family residence. Also, the court may award a piece of property to one support payments in the long term.

Child Custody
Child custody is a complicated matter and often the most important aspect of a divorce case, both for the child and the parents. Full custody may be awarded to one parent, or a shared custody or visitation arrangement may be ordered by the court. It’s best to try to reach an agreement about custody with your spouse if you are uncertain about the outcome of a custody battle – the courts will tend to lean heavily toward one parent or the other.

The gender of the parents, and the child in question, have no bearing on the decision. Some factors that do come into play involve the bond and relationship between the child and each parent, the age of the child, any history of abuse on the part of either parent, and the ability of each parent to provide for the child’s future needs.

Spousal Support and Child Support
Child support in Vermont is determined by what’s known as the Income Shares model. This is based on the incomes of each parent. The model is used to determine an even amount that each parent will contribute to the child’s wellbeing from their available income – the parent who does not have custody of the child is required to pay the amount in question to the parent who has custody. Shared custody situations will result in a different outcome in terms of child support, which will be taken into account by the courts.

Spousal support payments (alimony) are not ordered in every divorce case. Whether or not ongoing payments are required and the amount of these payments is often closely linked to property distribution. Some general factors included under the Vermont divorce laws which will influence a judge’s ruling on this matter include the standard of living enjoyed by the spouses during the marriage, the relative income and assets of each spouse, the overall cost of living and any financial hardship that may be imposed on a spouse as a result of having to make alimony payments.

SBI!