The state of Vermont recognizes both fault-based and no fault-based divorce filings. In essence, however, either type of filing can be resolved in an uncontested manner. In short, an uncontested divorce resolution occurs when both spouses reach agreement on each relevant item of their divorce case outside the courts, and submit these terms to the courts for approval. Save for instances of gross inequality, fraud, or decisions against the best welfare of a child, the courts generally approve these uncontested agreements.
However, the uncontested divorce process typically entails much more than simply filing a pre-arranged divorce settlement agreement. In reality, these agreements are the byproduct of negotiations and discussions between spouses, their respective legal counsel, and possibly, third party mediators as well.
Residency Requirements
Vermont divorce laws mandate that in order to be eligible to file for divorce in Vermont, at least one (1) spouse must currently be a resident of the state, for a continuous period of no less than six (6) months, on the date of the divorce filing.
Grounds
The state of Vermont recognizes limited grounds for filing no-fault divorce claims. In short, these limited grounds typically cover any relevant dispute causing the breakdown of a marriage, and in turn, fault based filings are typically reserved for cases where a given spouse wish to influence the outcome of the divorce case by citing specific faults of another spouse, or to expedite the filing process. The grounds recognized as sufficient basis for no-fault filings in Vermont include:
- Separation, without cohabitation or reconciliation, for at least six (6) months continuously. Ground also requires presumption that no reconciliation likely in future.
Getting Legal Help
Having legal counsel representing your interests in a divorce case from the beginning is important. Not only will legal counsel prove immensely helpful in preparing and filing relevant divorce related documents with the courts, as well as serving them to one’s spouse, but also, even an uncontested divorce resolution requires some adversarial discussions in most cases. Having legal counsel involved, who understands the long-term implications of any divorce settlement term or condition in light of applicable Vermont divorce statutes, is critical towards making informed decisions in the uncontested divorce process. For more information and insight, including insight into your specific divorce case, consult with a Vermont uncontested divorce lawyer to learn more.
