Vermont Divorce Laws and Resources

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.

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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



PRIVATE INVESTIGATORS


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:

Save On The Cost Of Divorce
Do You Need A Lawyer
Finding Divorce Attorneys
Collaborative Family Law
Divorce Considerations
Divorce Mediation
Do It Yourself Divorce
More Divorce Articles

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