Divorces are emotionally stressful for all members of the family. Both parties must come to an agreement about their marital issues when obtaining a divorce in Vermont. This includes decisions about issues such as child support, child custody, spousal support, division of marital property and marital debts. The courts prefer that the parties resolve martial issues on their own or by using a neutral third party such as a mediator or arbitration. The courts will intervene when all other methods of resolution have failed and make the decisions for the couple.
Who can file for divorce in Vermont?
Under Vermont Statues, Title 15, Section 555, either party may file a complaint for divorce or annulment of marriage as long as they have lived in the state for six months before filing.
Must we be separated first?
In order to file for a no fault divorce in Vermont, you and your spouse must have lived separate and apart for at least six months prior to filing. Fault divorces can be filed under fault grounds as long as one party meets the Vermont residency requirements.
How much does it cost?
The court filing fees for divorce are set by each Vermont county. There are no standard attorney fees. Each divorce situation is unique. You will need to consult with a Vermont divorce attorney to find out how much they will charge and what type of services they will perform for you. The attorney can give you this information at your initial consultation. If you cannot afford an attorney, there are Vermont legal aid clinics that you can use that are either free or charge reduced fees.
How long will it take?
One spouse must have lived in the state of Vermont at least one year from the final divorce hearing before a Vermont divorce decree will be issued and the divorce finalized.
Do I need grounds for divorce in Vermont?
You do not need grounds for a Vermont divorce. Vermont recognizes both fault and no fault divorces.
Is it better if I have grounds for divorce?
It may be more favorable to file grounds for divorce when you and your spouse cannot come to an agreement and you are asking the court to make a determination in settling marital issues.The court may take those grounds into consideration when making its ruling.
What are they?
Vermont law recognizes the following grounds for a fault divorce:
- Incurable insanity
- Willful desertion
- One party has been missing for seven years with no contact with the other party
- Imprisonment
- Intolerable severity
- One party complains that the other party who is disabled has insufficient income or maintenance to take care of their needs
Can I get temporary support during the divorce?
You can request temporary support by making a written request to the court. Your attorney will prepare the necessary documents for you.
How is marital property handled in divorce in Vermont?
Vermont is an equitable property state. Marital property is distributed in a fair and equitable way. The court will look at the following factors in making a decision:
- Duration of the marriage
- Each party's contribution to the marriage
- Education of each party
- Earning capacity of each party
- Health of each party
- Age of each party
- If there are any written agreements prior or after the marriage
- If there are minor children
- Any tax consequences
How are retirement assets divided?
Retirement assets are decided in a fair and equitable way just like all other marital assets. When the parties have not reached retirement age, the assets can be divided into two retirement accounts to avoid tax consequences. Frequently, one party buys the other one out.
What are the child support guidelines in Vermont?
Child support guidelines and tables are contained in Section 657 of the Vermont Statutes. The income tables are also set forth in the Vermont Child Support Handbook, which can be obtained from the Vermont Office of Child Services or downloaded online at its website. The guidelines are complicated, and you must download the free and special computer software program available online from the Vermont Office of Child Services website in order to calculate your payment. The software program determines which parent pays the support and how much by looking at the income of both according to the guideline tables and dividing the amount in proportion to each parent's income. The amount is then offset to establish which parent will pay the other parent. Your attorney can also assist you with the calculations if you are unable to access the information or make the calculations. The parents can adjust the amounts up or down if they mutually agree. Otherwise, the court will use the calculations based upon the table guidelines. The court does have jurisdiction to make adjustments if it deems them necessary.
What about spousal support or alimony?
The Vermont divorce court may award temporary, permanent, short term or a one lump sum payment of spousal support to either spouse requesting it if they demonstrate the need for it. The court will look at the following factors when making a determination:
- Duration of the marriage
- Separate assets of the parties
- Earning capacity of the parties
- Education level of the parties
- Whether the spouse requesting the support will be able to support themselves
- The financial contribution to the marriage
- Other factors that the court deems necessary and proper
Can we reach a marital settlement agreement out of court?
The Vermont courts prefer if you and your spouse decide marital settlement issues outside of court. Whenever the parties are unable to come to an agreement, the court will intervene and make the decisions.
What happens if we can't agree on settlement terms?
The court will decide marital issues when the parties are unable to resolve the issues on their own. They will look at financial documents and hear the testimony of both parties in making their determination.
Seek Legal Help
Vermont divorces are complex. It is recommended that you hire a Vermont divorce attorney to represent your interests in the process. The attorney is an expert at Vermont divorce and family law matters, and can answer all your questions and help you with the negotiations and settlement.
