IF you live in Wyoming, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

NOTE: Dadviser makes no warranty and assumes no legal liability for any service or provider listed below. If you are interested in being listed in this directory, click here.

DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

Wyoming Child Support Guidelines
Wyoming Child Support Calculator
Wyoming Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

WITH NO Children
No Children and No Marital Home
No Children and Dividing Proceeds From the Sale of Marital Home
No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children
With Children and One Parent Has Legal and Physical Custody
With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse
State Specific - Divorce Software - Missing Spouse - With No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your Wyoming divorce form preparation today.

COUNSELING

BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.

DOMESTIC VIOLENCE RESOURCES

Wyoming Domestic Violence Crisis and Support Services
Wyoming Domestic Violence Shelters and Hotlines
Wyoming Coalition Against Domestic Violence

SUPPORT

Support Groups

WYOMING DIVORCE LAW RESOURCES

Wyoming Online Divorce Statutes

RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce, the plaintiff needs to have resided in Wyoming for at least 60 days prior to the filing of the complaint. The divorce papers should be filed in the district court of the county in which either party resides. [Based on Wyoming Statutes Annotated; Title 20, Chapters 20-2-107 and 20-2-104]

LEGAL GROUNDS FOR DIVORCE: The legal ground for divorce include irreconcilable differences and incurable insanity of either party. [Based on Wyoming Statutes Annotated; Title 20, Chapter 20-2-104]

LEGAL SEPARATION: All provisions available in an action for divorce are available for a legal separation. [Based on Wyoming Statutes Annotated; Title 20, Chapters 20-2-106, and 20-2-107].

PROPERTY DISTRIBUTION: Wyoming is an equitable distribution state, meaning that when granting a divorce, the court will try to distribute the property in a just and equitable manner. Factors that may be taken into consideration include: the respective merits of the parties and the condition in which they will be left by the divorce, the party through whom the property was acquired, and the burdens imposed upon the property for the benefit of either party and children. [Based on Wyoming Statutes Annotated; Title 20, Chapter 20-2-114]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Alimony may be awarded to either spouse. A reasonable amount of alimony may be awarded to one spouse in relation to the other's ability to pay. [Based on Wyoming Statutes Annotated; Title 20, Chapter 20-2-114]

CHILD CUSTODY: Custody may be awarded to either parent and may include any combination of joint, shared, or sole custody to promote the best interests of the children. When determining the best interests of the child, the following factors may be taken into consideration:

1. The quality of the relationship each child has with each parent;
2. The ability of each parent to provide adequate care for each child
3. The relative competency and fitness of each parent;
4. Each parent's willingness to accept all responsibilities of parenting;
5. How the parents and each child can best maintain and strengthen a relationship with each other;
6. The ability and willingness of each parent to allow the other to provide care without intrusion;
7. Geographic distance between the parents' residences;
8. The current physical and mental ability of each parent to care for each child;
9. Any other factors the court deems necessary and relevant.

The evidence of spousal or child abuse is considered contrary to the best interests of the child, and the court shall structure visitation to protect the child or spouse from further harm. [Based on Wyoming Statutes Annotated; Title 20, Chapter 20-2-201]

CHILD SUPPORT: Child support is determined by using the "income-shares" model, meaning that the combined incomes of both parents are taken into consideration for setting the level of support. The child support obligation that results shall be divided between the parents in proportion to the net income of each parent. The non-custodial parent's share of the support obligation is to be paid to the custodial parent through the clerk of the court. The court may deviate from the child support tables if it finds that the support would be unjust of inappropriate. To determine whether a deviation is a appropriate, the court shall consider the following factors:

1. The age of the child;
2. The cost of child care;
3. Any special health or educational needs of the child;
4. The payment of child support for children outside the marriage;
5. Cost of visitation transportation;
6. The ability of either parent to furnish health insurance through employment benefits;
7. The amount of time the child spends with each parent;
8. And necessary expenses for the child's benefit;
9. Whether either parent is voluntarily unemployed or underemployed. In such cases, the child support will be computed based on the potential earning capacity of that parent. [Based on Wyoming Statutes Annotated; Title 20, Chapters 20-2-301 to 20-2-315].

You can find more divorce information in the following articles:

IF you live in Wisconsin, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

NOTE: Dadviser makes no warranty and assumes no legal liability for any service or provider listed below. If you are interested in being listed in this directory, click here.

DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

Wisconsin Child Support Guidelines
Wisconsin Child Support Calculator
Wisconsin Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

WITH NO Children
No Children and No Marital Home
No Children and Dividing Proceeds From the Sale of Marital Home
No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children
With Children and One Parent Has Legal and Physical Custody
With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse
State Specific - Divorce Software - Missing Spouse - With No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your Wisconsin divorce form preparation today.

COUNSELING

BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.

DOMESTIC VIOLENCE RESOURCES

Wisconsin Domestic Violence Crisis and Support Services
Wisconsin Domestic Violence Shelters and Hotlines
Wisconsin Coalition Against Domestic Violence

SUPPORT

Support Groups

WISCONSIN DIVORCE LAW RESOURCES

Wisconsin Online Divorce Statutes

RESIDENCY REQUIREMENTS AND WHERE TO FILE: One of the spouses must have been a resident of Wisconsin for 6 months and of the county for 30 days immediately prior to filing where the divorce is filed. No hearing on the divorce will be scheduled until 120 days after the defendant is served the summons or after the filing of a joint petition. [Based on Wisconsin Statutes; Sections 767.301 and 767.355].

LEGAL GROUNDS FOR DIVORCE: Irretrievable breakdown of the marriage is the only grounds for divorce in Wisconsin. The irretrievable breakdown of the marriage may be shown by: (1) a joint petition by both spouses requesting a divorce on these grounds; (2) living separate and apart for 12 months immediately prior to filing; or (3) if the court finds an irretrievable breakdown of the marriage with no possible chance at reconciliation. [Based on Wisconsin Statutes; Section 767.07]

LEGAL SEPARATION: Irretrievable breakdown of the marriage is the only grounds for legal separation in Wisconsin. The residency requirements are the same as for divorce. [Based on Wisconsin Statutes; Sections 767.05, 767.07, and 767.12].

MEDIATION OR COUNSELING REQUIREMENTS: If custody of a child is a contested issue, mediation is required. If joint custody is requested, mediation may be required. In addition, the court may order parents in any child custody situation to attend an educational program on the effects of divorce on children. [Based on Wisconsin Statutes; Sections 767.401].

PROPERTY DISTRIBUTION: Wisconsin is a "community property" state, with the presumption that all marital property should be divided equally. Marital property is all of the spouse's property except separate property inherited by either spouse, property received as a gift by either spouse, or property paid for by funds acquired by inheritance or gift. The equal distribution may be altered by the court, without regard to marital misconduct, based on the following factors:

1. The length of the marriage;
2. The property brought to the marriage by each party;
3. Whether one of the parties has substantial assets not subject to division by the court;
4. The contribution of each party to the marriage, giving appropriate economic value to each party’s contribution in homemaking and child care services;
5. The age and physical and emotional health of the parties;
6. The contribution by one party to the education, training or increased earning power of the other; whether there is a substantial change in circumstances, is a discretionary decision;
7. The earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;
8. The desirability of awarding the family home or the right to live therein for a reasonable period to the party having physical placement for the greater period of time;
9. The amount and duration of an order granting maintenance payments to either party, any order for periodic family support payments, and whether the property division is in lieu of such payments;
10. Other economic circumstances of each party, including pension benefits, vested or unvested, and future interests;
11. The tax consequences to each party;
12. Any premarital or marital settlement agreements; and
13. Any other relevant factor. The court may also divide any of the spouse's separate property in order to prevent a hardship on a spouse or on the children of the marriage. [Based on Wisconsin Statutes; Sections 766.61]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be ordered to pay maintenance to the other spouse, without regard to marital misconduct. The factors for consideration are as follows:

1. The length of the marriage;
2. The age and physical and emotional health of the parties;
3. The property division;
4. The educational level of each party at the time of marriage and at the time the action is commenced;
5. The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment;
6. The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal;
7. The tax consequences to each party;
8. Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, if the repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties;
9. The contribution by one party to the education, training or increased earning power of the other;
10. Any other relevant factors the court deems relevant.

The court may combine maintenance and child support payments into a single "family support" payment. The maintenance payments may be required to be paid through the clerk of the court. [Based on Wisconsin Statutes; Sections 767.56]

SPOUSE'S NAME: Upon request, either spouse's former name may be restored. [Based on Wisconsin Statutes; Section 767.395].

CHILD CUSTODY: Joint or sole child custody, "legal custody and physical placement," may be awarded based on the best interests of the child and the following:

1. The preference of the child;
2. The wishes of the parents;
3. The child's adjustment to his or her home, school, religion, and community;
4. The mental and physical health of all individuals involved;
5. The relationship of the child with parents, siblings, and other significant family members;
6. Any findings or recommendations of a neutral mediator;
7. The availability of childcare;
8. Any spouse or child abuse;
9. Any significant drug or alcohol abuse;
10. Whether one parent is likely to unreasonably interfere with the child's relationship with the other parent;
11. Any parenting plan or other written agreement between the spouses regarding the child;
12. The amount of quality time that each parent has spent with the child in the past;
13. Any changes that a parent proposes in order to spend more time with the child in the future;
14. The age of the child and the child's developmental and educational needs;
15. The cooperation and communication between the parents and whether either parent unreasonably refuses to cooperate with the other;
16. The need for regularly-occurring and meaningful periods of physical placement in order to provide predictability and stability for the child; and
17. Any other factors [except the sex and race of the parent].
[Based on Wisconsin Statutes; Section 767.41].

CHILD SUPPORT: Wisconsin uses the "Percentage of Income" standard to determine the level of child support. Either or both parents may be ordered to pay child support and health care expenses. The factors to be considered are:

1. The financial resources of the child;
2. The standard of living the child would have enjoyed if the marriage had not been dissolved;
3. The physical and emotional conditions and educational needs of the child;
4. The financial resources, earning capacity, needs, and obligations of the parents;
5. The age and health of the child, including the need for health insurance;
6. The desirability of the parent having custody remaining in the home as a full-time parent;
7. The cost of daycare to the parent having custody if that parent works outside the home or the value of the childcare services performed by that parent;
8. The tax consequences to each parent;
9. The award of substantial periods of physical placement to both parents [joint custody];
10. Any extraordinary travel expenses incurred in exercising the right to periods of physical placement;
11. The best interests of the child; and
12. Any other relevant factors. The support amount must be expressed as a fixed sum unless the parties have stipulated to expressing the amount as a percentage of the payer’s income. The court may require that child support payments be guaranteed by an assignment of income, that the payments be made through the clerk of the court, or that health insurance be provided for the children. The court may also order a parent to seek employment. The court may order spousal maintenance and child support payments be combined into a "family support" payment.
[Based on Wisconsin Statutes; Sections 767.511]

You can find more divorce information in the following articles:

IF you live in West Virginia, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

NOTE: Dadviser makes no warranty and assumes no legal liability for any service or provider listed below. If you are interested in being listed in this directory, click here.

DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

West Virginia Child Support Guidelines
West Virginia Child Support Calculator
West Virginia Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

WITH NO Children
No Children and No Marital Home
No Children and Dividing Proceeds From the Sale of Marital Home
No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children
With Children and One Parent Has Legal and Physical Custody
With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse
State Specific - Divorce Software - Missing Spouse - With No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your West Virginia divorce form preparation today.

COUNSELING

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BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.

DOMESTIC VIOLENCE RESOURCES

West Virginia Domestic Violence Crisis and Support Services
West Virginia Domestic Violence Shelters and Hotlines
West Virginia Coalition Against Domestic Violence

SUPPORT

Support Groups

WEST VIRGINIA DIVORCE LAW RESOURCES

Overview of West Virginia Divorce Proceedings

RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce in West Virginia, if the marriage occurred in this state, one of the parties must be a resident of this state, without regard to the length of time residency has continued. If the marriage was not entered into within this state, an action for divorce is maintainable if:

1. One of the parties was an actual bona fide resident of this state at the time the cause of action arose, or has become a resident since that time; and
2. The residency has continued uninterrupted through the one-year period immediately preceding the filing of the action. [Based on West Virginia Code; Section 48-5-105]

LEGAL GROUNDS FOR DIVORCE: A divorce may be granted based on the following grounds:

1. Irreconcilable differences;
2. Living separately and apart without interruption for one year;
3. Cruel or inhuman treatment by either party against the other, such as (a) Reasonable apprehension of bodily harm; (b) False accusation of adultery or homosexuality; or (c) Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable;
4. Adultery proven by clear and convincing evidence;
5. Conviction of a crime that is a felony;
6. Permanent and incurable insanity (based on medical testimony), if the patient has been confined to a mental institution for no less than three year preceding the divorce petition;
7. Habitual drunkenness or drug addiction;
8. Desertion for at least six months;
9. Abuse of neglect of a child (A divorce shall not be granted on this ground except upon clear and convincing evidence). [Based on West Virginia Code; Section 48-5-201 through 48-5-209]

LEGAL SEPARATION: "Property settlement or separation agreement" means a written agreement between a husband and wife whereby they agree to live separate and apart from each other. A separation agreement may also:

1. Settle the property rights of the parties;
2. Provide for child support;
3. Provide for the allocation of custodial responsibility and the determination of decision-making responsibility for the children of the parties;
4. Provide for the payment or waiver of spousal support by either party; or
5. Otherwise settle and compromise issues arising from the marital rights and obligations of the parties. [Based on West Virginia Code; Section 48-6-101] »

Mediation or Counseling Requirements: The family court shall issue an order requiring parties to an action for divorce involving a minor child or children to attend parent education classes established unless the court determines that attendance is not appropriate or necessary based on the conduct or circumstances of the parties. [Based on West Virginia Code; Section 48-9-104]

PROPERTY DISTRIBUTION: West Virginia is an equitable distribution state. In the absence of a valid agreement, the court shall presume that all marital property is to be divided equally between the parties, but may alter this distribution, after a consideration of the following:

1. The extent to which each party has contributed to the acquisition, preservation and maintenance, or increase in value of marital property by monetary contributions, including, but not limited to employment income and other earnings and funds which are separate property;
2. The extent to which each party has contributed to the acquisition, preservation and maintenance or increase in value of marital property by non-monetary contributions, including, but not limited to: (A) Homemaker services; (B) Child care services; (C) Labor performed without compensation, or for less than adequate compensation, in a family business or other business entity in which one or both of the parties has an interest; (D) Labor performed in the actual maintenance or improvement of tangible marital property; and (E) Labor performed in the management or investment of assets which are marital property;
3. The extent to which each party expended his or her efforts during the marriage in a manner which limited or decreased such party's income-earning ability or increased the income-earning ability of the other party, including, but not limited to: (A) Direct or indirect contributions by either party to the education or training of the other party which has increased the income-earning ability of such other party; and (B) Foregoing by either party of employment or other income-earning activity through an understanding of the parties or at the insistence of the other party;
4. The extent to which each party, during the marriage, may have conducted himself or herself so as to dissipate or depreciate the value of the marital property of the parties: Provided, That except for a consideration of the economic consequences of conduct as provided for in this subdivision, fault or marital misconduct shall not be considered by the court in determining the proper distribution of marital property. [Based on West Virginia Code; Sections 48-5-610 and 48-7-103]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may require either party to pay spousal support, considering the following factors in determining the amount of spousal support:

1. The length of the marriage, and any periods of separation;
2. The present employment income and other recurring earnings of each party from any source;
3. The income-earning abilities of each of the parties;
4. The distribution of marital property and how it will affect the earnings of the parties and their ability to pay or their need to receive spousal support, child support or separate maintenance;
5. The ages and the physical, mental and emotional condition of each party;
6. The educational qualifications of each party;
7. Whether either party has foregone or postponed economic, education or employment opportunities during the course of the marriage;
8. The standard of living established during the marriage;
9. The likelihood that the party seeking spousal support, child support or separate maintenance can substantially increase his or her income-earning abilities within a reasonable time by acquiring additional education or training;
10. Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party;
11. The anticipated expense of obtaining the education and training described in subdivision (9) above;
12. The costs of educating minor children;
13. The costs of providing health care for each of the parties and their minor children;
14. The tax consequences to each party;
15. The extent to which it would be inappropriate for a party, because said party will be the custodian of a minor child or children, to seek employment outside the home;
16. The financial need of each party;
17. The legal obligations of each party to support himself or herself and to support any other person;
18. Costs and care associated with a minor or adult child's physical or mental disabilities; and
19. Any other factors as the court deems necessary.

In determining whether spousal support is to be awarded, or in determining the amount of spousal support, the court shall consider and compare the fault or misconduct of either or both of the parties and the effect of the fault or misconduct as a contributing factor to the deterioration of the marital relationship. [Based on West Virginia Code; Section 48-5-602, 48-6-301, and 48-8-101 through 48-8-104]

SPOUSE'S NAME: The court shall if requested to do so by either party, allow such party to resume the name used prior to his or her first marriage. The court shall, if requested to do so by either party, allow such party to resume the name of a former spouse if such party has any living child or children by marriage to such former spouse. [Based on West Virginia Code; Section 48-5-613]

CHILD CUSTODY: Custody shall be determined by the best interests of the child. The primary objective of this article is to serve the child's best interests, by facilitating:

1. Stability of the child;
2. Parental planning and agreement about the child's custodial arrangements and upbringing;
3. Continuity of existing parent-child attachments;
4. Meaningful contact between a child and each parent;
5. Care-taking relationships by adults who love the child, know how to provide for the child's needs, and who place a high priority on doing so;
6. Security from exposure to physical or emotional harm; and
7. To achieve fairness between the parents (this is a secondary objective). [Based on West Virginia Code; Section 48-9-101 and 48-9-102]

CHILD SUPPORT: West Virginia calculates child support orders based on the Income Share Model. A child support order is determined by dividing the total child support obligation between the parents in proportion to their income. Both parents' adjusted gross income is used to determine the amount of child support.

Deviations from the guidelines are possible for the following reasons:

1. Special needs of the child or support obligor, including, but not limited to, the special needs of a minor or adult child who is physically or mentally disabled;
2. Educational expenses for the child or the parent (i.e. those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or costs beyond state and local tax contributions);
3. Families with more than six children;
4. Long distance visitation costs;
5. The child resides with third party;
6. The needs of another child or children to whom the obligor owes a duty of support;
7. The extent to which the obligor's income depends on nonrecurring or non-guaranteed income; or
8. Whether the total of spousal support, child support and child care costs subtracted from an obligor's income reduces that income to less than the federal poverty level and conversely, whether deviation from child support guidelines would reduce the income of the child's household to less than the federal poverty level. The court shall order medical support to be provided for the child or children. [Based on West Virginia Code; Section 48-5-603, 48-13-201, and 48-13-702]

PREMARITAL AGREEMENT: An agreement by which the property rights and interests of the prospective husband and wife, or both of them, are determined, or where property is secured to either or both of them, to their separate estate, or to their children or other persons. An antenuptial agreement may include provisions that define the respective property rights of the parties during the marriage, or upon the death of either or both of the parties. The agreement may provide for the disposition of marital property upon an annulment of the marriage or a divorce or separation of the parties. A prenuptial agreement is void if at the time it is made either of the parties is a minor. [Based on West Virginia Code; Section 48-1-203]

You can find more divorce information in the following articles:

IF you live in Washington, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

NOTE: Dadviser makes no warranty and assumes no legal liability for any service or provider listed below. If you are interested in being listed in this directory, click here.

DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

Washington Child Support Guidelines
Washington Child Support Calculator
Washington Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

WITH NO Children
No Children and No Marital Home
No Children and Dividing Proceeds From the Sale of Marital Home
No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children
With Children and One Parent Has Legal and Physical Custody
With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse
State Specific - Divorce Software - Missing Spouse - With No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your Washington divorce form preparation today.

COUNSELING

BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.

DOMESTIC VIOLENCE RESOURCES

Washington Domestic Violence Crisis and Support Services
Washington Domestic Violence Shelters and Hotlines
Washington Coalition Against Domestic Violence

SUPPORT

Support Groups

WASHINGTON DIVORCE LAW RESOURCES

General Information About Washington Divorce
Washington Online Divorce Laws

RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a dissolution of marriage or a legal separation, the following residency requirements apply: A party who (1) is a resident of this state, or (2) is a member of the armed forces and is stationed in this state, or (3) is married to a party who is a resident of this state or who is a member of the armed forces and is stationed in this state. Such proceeding may be filed in the superior court of the county where the petitioner resides. [Based on Washington State Revised Code - Title 26 - Chapter 26.09.010 and 26.09.030]

LEGAL GROUNDS FOR DIVORCE: The only grounds for a dissolution of marriage in the state of Washington is that the marriage is irretrievably broken. If one party denies that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospects for reconciliation and shall: (1) Make a finding that the marriage is irretrievably broken and enter a decree of dissolution of the marriage; or (2) At the request of either party or on its own motion, transfer the cause to the family court, refer them to another counseling service of their choice, and request a report back from the counseling service within sixty days, or continue the matter for not more than sixty days for hearing. [Based on Washington State Revised Code - Title 26 - Chapter 26.09.030]

LEGAL SEPARATION: The parties to a marriage may enter into a written separation contract providing for the maintenance of either of them, the disposition of any property owned by both or either of them, the parenting plan and support for their children and for the release of each other from all obligation except that expressed in the contract. [Based on Washington State Revised Code - Title 26 - Chapter 26.09.070]

Mediation or Counseling Requirements: In any proceeding under this chapter, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing. The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to develop an agreement assuring the child's close and continuing contact with both parents after the marriage is dissolved. The mediator shall use his or her best efforts to effect a settlement of the dispute. [Based on Washington State Revised Code - Title 26 - Chapter 26.09.015]

PROPERTY DISTRIBUTION: Washington state is a community property state, meaning that property and debts acquired during the marriage shall be split equally, unless the parties reach an agreement independent of a court ruling. Should the matter be decided by the court, the following factors will be taken into consideration:

1. The nature and extent of the community property;
2. The nature and extent of the separate property;
3. The duration of the marriage; and
4. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time.

[Based on Washington State Revised Code - Title 26 - Chapter 26.09.080]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Alimony may be ordered for either spouse in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, after considering all relevant factors including but not limited to:

1. The financial resources of the party seeking maintenance, including separate or community property apportioned in the settlement agreement, and the ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
2. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his skill, interests, style of life, and other attendant circumstances;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; and
6. The ability of the spouse from whom maintenance is sought to meet his needs and financial obligations while meeting those of the spouse seeking maintenance.

[Based on Washington State Revised Code - Title 26 - Chapter 26.09.090]

SPOUSE'S NAME: Upon request of a party whose marriage is dissolved or declared invalid, the court shall order a former name restored or the court may, in its discretion, order a change to another name. [Based on Washington State Revised Code - Title 26 - Chapter 26.09.150]

CHILD CUSTODY: The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm. If the parents cannot reach an agreement concerning the custody and parenting provisions for children of the marriage, then the court may establish either sole or mutual decision making authority and residential provisions considering the following factors:

1. The relative strength, nature, and stability of the child's relationship with each parent, including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child (this factor shall be given the most weight);
2. The agreements of the parties, provided they were entered into knowingly and voluntarily;
3. Each parent's past and potential for future performance of parenting functions;
4. The emotional needs and developmental level of the child;
5. The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities;
6. The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and
7. Each parent's employment schedule, and shall make accommodations consistent with those schedules.

The court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time only if the court finds the following: (1) There is no evidence of willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; physical, sexual, or a pattern of emotional abuse of a child; or a history of acts of domestic violence; (2) The parties have agreed to such provisions and the agreement was knowingly and voluntarily entered into; or have a satisfactory history of cooperation and shared performance of parenting functions; the parties are available to each other, especially in geographic proximity, to the extent necessary to ensure their ability to share performance of the parenting functions; and (3) The provisions are in the best interests of the child. [Based on Washington State Revised Code - Title 26 - Chapters 26.09.002, 26.09.187, and 26.09.191]

CHILD SUPPORT: Washington uses the "Income Shares" model to determine the level of child support to be paid. This means that the combination of both parents income is used to determine the basic child support obligation. The provisions for determining child support and reasons for deviation from the standard calculation shall be applied in the same manner by the court, presiding officers, and reviewing officers. The court shall enter written findings of fact in all cases whether or not the court: (a) Sets the support at the presumptive amount, for combined monthly net incomes below five thousand dollars; (b) sets the support at an advisory amount, for combined monthly net incomes between five thousand and seven thousand dollars; or (c) deviates from the presumptive or advisory amounts.

In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health insurance coverage, for any child named in the order if: (a) Coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related; and (b) The cost of such coverage does not exceed twenty-five percent of the obligated parent's basic child support obligation. [Based on Washington State Revised Code - Title 26 - Chapters 26.09.105, 26.19.050, and 26.19.035]

You can find more divorce information in the following articles:

IF you live in Virginia, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

NOTE: Dadviser makes no warranty and assumes no legal liability for any service or provider listed below. If you are interested in being listed in this directory, click here.

DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

Virginia Child Support Guidelines
Virginia Child Support Calculator
Virginia Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

WITH NO Children
No Children and No Marital Home
No Children and Dividing Proceeds From the Sale of Marital Home
No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children
With Children and One Parent Has Legal and Physical Custody
With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse
State Specific - Divorce Software - Missing Spouse - With No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your Virginia divorce form preparation today.

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DOMESTIC VIOLENCE RESOURCES

Virginia Domestic Violence Crisis and Support Services
Virginia Domestic Violence Shelters and Hotlines
Virginians Against Domestic Violence

SUPPORT

Support Groups

VIRGINIA DIVORCE LAW RESOURCES

Code of Virginia - Domestic Relations
Overview of Divorce in VA

RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce, one of the parties must be and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit. The circuit court shall have jurisdiction of suits for annulling or affirming marriage and for divorces, and claims for separate maintenance, and such suits shall be heard by the judge as equitable claims. [Based on Code of Virginia, Title 20, Section 20-96]

LEGAL GROUNDS FOR DIVORCE: A divorce may be granted on the following grounds in Virginia:

1. Living separate and apart without any cohabitation and without interruption for one year. If there are no children of the marriage, the time limit is six months;
2. Adultery;
3. Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);
4. Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act. [Based on Code of Virginia, Title 20, Section 20-91]

LEGAL SEPARATION: A divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment. In granting a divorce from bed and board, the court may decree that the parties be perpetually separated and protected in their persons and property. Such decree shall operate upon property thereafter acquired, and upon the personal rights and legal capacities of the parties, as a decree for a divorce from the bond of matrimony, except that neither party shall marry again during the life of the other. In any case where a decree of divorce from bed and board has been granted, and the court shall determine that one year has elapsed since the event which gave rise to such divorce or, in any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, that six months has elapsed since such event, and the parties have been separated without interruption since such divorce was granted and no reconciliation is probable, it may merge such decree into a decree for divorce from the bond of matrimony upon application of either party. [Based on Code of Virginia, Title 20, Sections 20.95, 20-116 and 20-121]

Mediation or Counseling Requirements: The parties to any petition where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court except that the court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. [Based on Code of Virginia, Title 20, Section 20-103]

PROPERTY DISTRIBUTION: Virginia is an equitable distribution state, meaning that if the parties can't agree, the marital property will be distributed in an equitable fashion, not necessarily equally. The amount of any division or transfer of jointly owned marital property, and the amount of any monetary award, the apportionment of marital debts, and the method of payment shall be determined by the court after consideration of the following factors:

1. The contributions, monetary and non-monetary, of each party to the well-being of the family;
2. The contributions, monetary and non-monetary, of each party in the acquisition and care and maintenance of such marital property of the parties;
3. The duration of the marriage;
4. The ages and physical and mental condition of the parties;
5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95;
6. How and when specific items of such marital property were acquired;
7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
8. The liquid or non-liquid character of all marital property;
9. The tax consequences to each party;
10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and
11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.

Separate property is (1) all property, real and personal, acquired by either party before the marriage; (2) all property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party; (3) all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and (4) that part of any property classified as separate property. [Based on Code of Virginia, Title 20, Section 20-107.3]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court, in its discretion, may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof. The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:

1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
2. The standard of living established during the marriage;
3. The duration of the marriage;
4. The age and physical and mental condition of the parties and any special circumstances of the family;
5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
6. The contributions of each party to the well-being of the family;
7. The property interests of the parties, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property division;
9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

[Based on Code of Virginia, Title 20, Section 20-107.1]

SPOUSE'S NAME: Upon decreeing a divorce from the bond of matrimony the court shall, on motion of a party who changed his or her name by reason of the marriage, restore such party's former name or maiden name by separate order meeting the requirements of § 8.01-217. [Based on Code of Virginia, Title 20, Section 20-121.4]

CHILD CUSTODY: In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either, and the court may award joint custody or sole custody. In determining best interests of a child for purposes of determining custody or visitation arrangements, the court shall consider the following:

1. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
5. The role that each parent has played and will play in the future, in the upbringing and care of the child;
6. The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
9. Any history of family abuse; and
10. Such other factors as the court deems necessary and proper to the determination.

[Based on Code of Virginia, Title 20, Section 20-124.2 and 124.3]

CHILD SUPPORT: Virginia uses the "Income Shares" model as the base for determining child support. This method bases the level of support on the combined income of both parents. There shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or shared custody, that the amount of the award which would result from the application of the guidelines set out in § 20-108.2 is the correct amount of child support to be awarded.

In any proceeding on the issue of determining child support, the court shall have the authority to order a party to provide health care coverage for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse. In any proceeding on the issue of determining child support, the court shall have the authority to order a party to (1) maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate a beneficiary and (2) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered has a statutory obligation to pay child support for the child or children. [Based on Code of Virginia, Title 20, Section 20-108.1]

PREMARITAL AGREEMENT: A premarital agreement shall be in writing and signed by both parties. Such agreement shall be enforceable without consideration and shall become effective upon marriage. [Based on Code of Virginia, Title 20, Section 20-149]

You can find more divorce information in the following articles:

IF you live in Vermont, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

NOTE: Dadviser makes no warranty and assumes no legal liability for any service or provider listed below. If you are interested in being listed in this directory, click here.

DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

Vermont Child Support Guidelines
Vermont Child Support Calculator
Vermont Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

WITH NO Children
No Children and No Marital Home
No Children and Dividing Proceeds From the Sale of Marital Home
No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children
With Children and One Parent Has Legal and Physical Custody
With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse
State Specific - Divorce Software - Missing Spouse - With No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your Vermont divorce form preparation today.

COUNSELING

BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.

DOMESTIC VIOLENCE RESOURCES

Vermont Domestic Violence Crisis and Support Services
Vermont Domestic Violence Shelters and Hotlines
Vermont Network Against Domestic Violence and Sexual Assault

SUPPORT

Support Groups

VERMONT DIVORCE LAW RESOURCES

Vermont Divorce Information
Vermont Divorce Statutes

RESIDENCY REQUIREMENTS AND WHERE TO FILE: A complaint for divorce or annulment of marriage may be brought if either party to the marriage has resided within the state for a period of six months or more, but a divorce shall not be decreed for any cause, unless the plaintiff or the defendant has resided in the state one year next preceding the date of final hearing. Temporary absence from the state because of illness, employment, service in the armed forces, shall not affect the above requirements, provided the person has otherwise retained residence in this state. Complaints for divorce for any cause and for affirming or annulling the marriage contract shall be brought in the county in which the parties or one of them resides. Superior courts shall hear and determine complaints for divorce and for affirming or annulling the marriage contract and may issue process of attachment, execution and other proper process necessary for the dispatch and final determination of such causes. [Based on Vermont Statutes - Title 15: Chapter 11: Subchapter 3 - Section 591, 592, and 593]

LEGAL GROUNDS FOR DIVORCE: A divorce from the bond of matrimony may be decreed:

1. For adultery in either party;
2. When either party is sentenced to confinement at hard labor in prison for life, or for three years or more, and is actually confined at the time of the bringing of the libel;
3. For intolerable severity in either party;
4. For wilful desertion or when either party has been absent for seven years and not heard of during that time;
5. On complaint of either party when one spouse has sufficient pecuniary or physical ability to provide suitable maintenance for the other and, without cause, persistently refuses or neglects so to do;
6. On the grounds of incurable insanity of either party, as provided for in sections 631-637 of this title;
7. When a married person has lived apart from his or her spouse for six consecutive months and the court finds that the resumption of marital relations is not reasonably probable. [Based on Vermont Statutes - Title 15 - Chapter 11: Subchapter 2 - Section 555]

LEGAL SEPARATION: A legal separation forever or for a limited time may be granted for any of the causes for which an absolute divorce may be granted. [Based on Vermont Statutes - Title 15 - Chapter 11: Subchapter 2 - Section 555]

PROPERTY DISTRIBUTION: Vermont is an equitable distribution state, meaning that the marital estate is divided equitably as compared to equally. Title to the property, whether in the names of the husband, the wife, both parties, or a nominee, shall be immaterial, except where equitable distribution can be made without disturbing separate property. In making a property settlement the court may consider all relevant factors, including but not limited to:

1. The length of the marriage;
2. The age and health of the parties;
3. The occupation, source and amount of income of each of the parties;
4. Vocational skills and employability;
5. The contribution by one spouse to the education, training, or increased earning power of the other;
6. The value of all property interests, liabilities, and needs of each party;
7. Whether the property settlement is in lieu of or in addition to maintenance;
8. The opportunity of each for future acquisition of capital assets and income;
9. The desirability of awarding the family home or the right to live there for reasonable periods to the spouse having custody of the children;
10. The party through whom the property was acquired;
11. The contribution of each spouse in the acquisition, preservation, and depreciation or appreciation in value of the respective estates, including the nonmonetary contribution of a spouse as a homemaker; and
12. The respective merits of the parties. [Based on Vermont Statutes - Title 15 - Chapter 11: Section 751]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may order either spouse to make maintenance payments, either rehabilitative or permanent in nature, to the other spouse if it finds that the spouse seeking maintenance:

1. Lacks sufficient income, property, or both, including property apportioned in accordance with section 751 of this title, to provide for his or her reasonable needs; and
2. Is unable to support himself or herself through appropriate employment at the standard of living established during the marriage or is the custodian of a child of the parties.

The maintenance order shall be in such amounts and for such periods of time as the court deems just, after considering all relevant factors including, but not limited to:

1. The financial resources of the party seeking maintenance, the property apportioned to the party, the party's ability to meet his or her needs independently, and the extent to which a provision for support of a child living with the party contains a sum for that party as custodian;
2. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age and the physical and emotional condition of each spouse;
6. The ability of the spouse from whom maintenance is sought to meet his or her reasonable needs while meeting those of the spouse seeking maintenance; and
7. Inflation with relation to the cost of living. [Based on Vermont Statutes - Title 15 - Chapter 11: Section 752]

SPOUSE'S NAME: Upon granting a divorce to a woman, unless good cause is shown to the contrary, the court may allow her to resume her maiden name or the name of a former husband. The court may change the names of the minor children of divorced parents when application for that purpose is made in the complaint for divorce. [Based on Vermont Statutes - Title 15 - Chapter 11: Subchapter 3 - Section 558 and 559]

CHILD CUSTODY: The court shall not apply a preference for one parent over the other because of the sex of the child, the sex of a parent or the financial resources of a parent. The court may order parental rights and responsibilities to be divided or shared between the parents on such terms and conditions as serve the best interests of the child. When the parents cannot agree to divide or share parental rights and responsibilities, the court shall award parental rights and responsibilities primarily or solely to one parent. In making an order under this section, the court shall be guided by the best interests of the child, and shall consider at least the following factors:

1. The relationship of the child with each parent and the ability and disposition of each parent to provide the child with love, affection and guidance;
2. The ability and disposition of each parent to assure that the child receives adequate food, clothing, medical care, other material needs and a safe environment;
3. The ability and disposition of each parent to meet the child's present and future developmental needs;
4. The quality of the child's adjustment to the child's present housing, school and community and the potential effect of any change;
5. The ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent, including physical contact, except where contact will result in harm to the child or to a parent;
6. The quality of the child's relationship with the primary care provider, if appropriate given the child's age and development;
7. The relationship of the child with any other person who may significantly affect the child;
8. The ability and disposition of the parents to communicate, cooperate with each other and make joint decisions concerning the children where parental rights and responsibilities are to be shared or divided; and
9. Evidence of abuse, as defined in section 1101 of this title, and the impact of the abuse on the child and on the relationship between the child and the abusing parent. [Based on Vermont Statutes - Title 15 - Chapter 11: Subchapter 3 - Section 665]

CHILD SUPPORT: Vermont bases child support on the Income Shares Model. Except in situations where there is shared or split physical custody, the total child support obligation shall be divided between the parents in proportion to their respective available incomes and the noncustodial parent shall be ordered to pay, in money, his or her share of the total support obligation to the custodial parent. In any proceeding to establish or modify child support, the total child support obligation for the children who are the subject of the support order shall be adjusted if a parent is also responsible for the support of additional dependents who are not the subject of the support order.

The total support obligation shall be presumed to be the amount of child support needed. Upon request of a party, the court shall consider the following factors in respect to both parents:

1. The financial resources of the child;
2. The financial resources of the custodial parent;
3. The standard of living the child would have enjoyed had the marital relationship not been discontinued;
4. The physical and emotional condition of the child;
5. The educational needs of the child;
6. The financial resources and needs of the noncustodial parent;
7. Inflation;
8. The costs of meeting the educational needs of either parent, if the costs are incurred for the purpose of increasing the earning capacity of the parent;
9. Extraordinary travel and other travel-related expenses incurred in exercising the right to parent-child contact;
10. Any other factors the court finds relevant.

The court may order support to be continued until the child attains the age of majority or terminates secondary education, whichever is later. If the parties agree, the court may include in the child support order an additional amount designated for the purpose of providing for postsecondary education. [Based on Vermont Statutes - Title 15 - Chapter 11: Subchapter 3 - Section 656 - 659]

You can find more divorce information in the following articles:

IF you live in Utah, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

NOTE: Dadviser makes no warranty and assumes no legal liability for any service or provider listed below. If you are interested in being listed in this directory, click here.

DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

Utah Child Support Guidelines
Utah Child Support Calculator
Utah Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

WITH NO Children
No Children and No Marital Home
No Children and Dividing Proceeds From the Sale of Marital Home
No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children
With Children and One Parent Has Legal and Physical Custody
With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse
State Specific - Divorce Software - Missing Spouse - With No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your Utah divorce form preparation today.

COUNSELING

BACKGROUND CHECKS

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DOMESTIC VIOLENCE RESOURCES

Utah Domestic Violence Crisis and Support Services
Utah Domestic Violence Shelters and Hotlines
Utah Domestic Violence Council

SUPPORT

Support Groups

UTAH DIVORCE LAW RESOURCES

Utah Divorce Information
Utah Divorce Statutes

RESIDENCY REQUIREMENTS AND WHERE TO FILE: In order to file for a divorce in Utah, either the petitioner or respondent must be an actual and bona fide resident of this state and of the county where the action is brought, or if members of the armed forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders, for three months next prior to the commencement of the action. [Based on Utah Code 30-3-1]

LEGAL GROUNDS FOR DIVORCE: The following are grounds for divorce:

1. Impotency of the respondent at the time of marriage;
2. Adultery committed by the respondent subsequent to marriage;
3. Willful desertion of the petitioner by the respondent for more than one year;
4. Willful neglect of the respondent to provide for the petitioner the common necessaries of life;
5. Habitual drunkenness of the respondent;
6. Conviction of the respondent for a felony;
7. Cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;
8. Irreconcilable differences of the marriage;
incurable insanity; or
9. When the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation. [Based on Utah Code 30-3-1]

MEDIATION OR COUNSELING REQUIREMENTS: If the petitioner and the respondent have a child or children, a decree of divorce may not be granted until both parties have attended the mandatory educational course, and have presented a certificate of course completion to the court. The court may waive this requirement, on its own motion or on the motion of one of the parties, if it determines course attendance and completion are not necessary, appropriate, feasible, or in the best interest of the parties. [Based on Utah Code 30-3-4]

PROPERTY DISTRIBUTION: Utah is an equitable distribution state, meaning that if the parties can't agree, the property will be distributed in an equitable fashion, not necessarily equally. When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property and in determining the amount of alimony. If one spouse's earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony. The court shall also include an order specifying which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage. [Based on Utah Code 30-3-5]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be awarded alimony, and the court may consider the fault of the parties in determining alimony. The court shall consider all relevant facts and equitable principles and may, in its discretion, base alimony on the standard of living that existed at the time of trial. The court shall consider at least the following factors in determining alimony:

1. The financial condition and needs of the recipient spouse;
2. The recipient's earning capacity or ability to produce income;
3. The ability of the payor spouse to provide support;
the length of the marriage;
4. Whether the recipient spouse has custody of minor children requiring support;
5. Whether the recipient spouse worked in a business owned or operated by the payor spouse; and
6. Whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage.
[Based on Utah Code 30-3-5]

SPOUSE'S NAME: Although there are no specific provisions for the restoration of a wife's maiden name upon divorce, there is a general provision which permits such a change upon petition to the court. Any natural person, desiring to change his name, may file a petition therefore in the district court of the county where he resides, setting forth: (1) The cause for which the change of name is sought; (2) The name proposed; (3) That he has been a bona fide resident of the county for the year immediately prior to the filing of the petition. [Based on Utah Code 42-1-1]

CHILD CUSTODY: The court shall, in every case, consider joint custody but may award any form of custody which is determined to be in the best interest of the child. In determining any form of custody, the court shall consider the best interests of the child and, among other factors the court finds relevant, the following:

1. The past conduct and demonstrated moral standards of each of the parties;
2. Which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the noncustodial parent;
3. The extent of bonding between the parent and child, meaning the depth, quality, and nature of the relationship between a parent and child; and

The court may order joint legal custody or joint physical custody or both if one or both parents have filed a parenting plan in accordance with Section 30-3-10.8 and it determines that joint legal custody or joint physical custody or both is in the best interest of the child. In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court shall consider the following factors:

1. Whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody;
2. The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest;
3. Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent;
4. Whether both parents participated in raising the child before the divorce;
5. The geographical proximity of the homes of the parents;
6. The preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal or physical custody;
7. The maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;
8. The past and present ability of the parents to cooperate with each other and make decisions jointly;
9. Any history of, or potential for, child abuse, spouse abuse, or kidnapping; and
10. Any other factors the court finds relevant. [Based on Utah Code 30-3-10]

CHILD SUPPORT: Each parent's child support obligation shall be established in proportion to their adjusted gross incomes, unless the low income table is applicable. The parents are obligated to pay their proportionate shares of the base combined child support obligation according to the Utah Child Support Guidelines. If physical custody of the child changes from that assumed in the original order, modification of the order is not necessary, even if only one parent is specifically ordered to pay in the order. Except in cases of joint physical custody and split custody and in cases where the obligor's adjusted gross income is $1,050 or less monthly, the base child support award shall be determined as follows:

1. Combine the adjusted gross incomes of the parents and determine the base combined child support obligation using the base combined child support obligation table; and
2. Calculate each parent's proportionate share of the base combined child support obligation by multiplying the combined child support obligation by each parent's percentage of combined adjusted gross income.

The court may include, in an order determining child support, an order assigning financial responsibility for all or a portion of child care expenses incurred on behalf of the dependent children, necessitated by the employment or training of the custodial parent. If the court determines that the circumstances are appropriate and that the dependent children would be adequately cared for, it may include an order allowing the noncustodial parent to provide child care for the dependent children, necessitated by the employment or training of the custodial parent. Whenever a court enters an order for child support, it shall include in the order a provision for withholding income as a means of collecting child support. [Based on Utah Code 30-3-5, 30-3-5.1, and 78-45-7.11]

PREMARITAL AGREEMENT: Parties to a premarital agreement may contract with respect to:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4. The modification or elimination of spousal support;
5. The ownership rights in and disposition of the death benefit from a life insurance policy;
6. The choice of law governing the construction of the agreement,