Virginia State Divorce Law

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 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

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 who has helped couples through this process successfully countless times.