In Vermont, according to calculations the estimated divorce rate is 3.9% per 1,000 of the total population which is somewhat close to the median. If divorce is simple, no provisions are required by the court. In almost all cases, a hearing and oral testimony of witness is required. According to family court law, a claimant can request divorce in the courts of Vermont State on the basis of both no-fault and fault grounds. The court shall accept any divorce case if the case falls into the recognized grounds by the Vermont family law.
Annulment in Vermont is rare because of severe requirements; also it is not encouraged by the court. Divorce is an easy option and therefore preferred.
If you think, dealing with the court system is a complex process, for the furtherance of divorce, divorce lawyer and attorneys are always available to assist you with such intricate issues.
Divorce Grounds in Vermont
Divorce grounds in Vermont are divided into:
Fault Divorce Grounds in Vermont
Fault divorce grounds in Vermont are:
Wilful Desertion or Absence for Seven Years
You can claim a divorce decree if your spouse has deserted you or is missing for a period of seven years, under this divorce ground in Vermont.
Adultery is one of the fault divorce grounds shared by most states of the US. Like other states, adultery is also a divorce ground in Vermont. The petitioner is entitled to divorce if the respondent is proven to be an adulterer.
If your spouse is suffering from incurable insanity and at least one psychiatrist has testified it, you can file for a divorce decree under this divorce ground in Vermont.
Intolerable Severity In Either Party
On this divorce ground in Vermont, you can obtain divorce if your spouse is severe to the extent of being intolerable for you.
Imprisonment for a period of three or more years is a valid divorce ground in Vermont. This divorce ground has been constituted to help you if you do not want to continue a relationship with a convict.
No-Fault Divorce Grounds in Vermont
No-Fault divorce grounds in Vermont are:
Separation for Six Months
Separation for a period of six months or more is a fault divorce ground in Vermont. This separation period should be in continuity. To award divorce under this divorce ground in Vermont, the divorce court sees for itself that there is no probable chance of reconciliation.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Vermont.
Vermont Divorce Laws
Vermont has following divorce laws:
In order to successfully file a divorce case in Vermont, the petitioner must strictly follow the residency conditions set by Vermont divorce laws. The Vermont divorce court dismisses the case if finds the case is not under its jurisdictions. The residency requirements in Vermont are as follows:
- Either spouse should be a Vermont resident for at least six months. Temporary absence from the state because of the employment, service as a member of the armed forces of the USA, or other valid cause, does not affect the six months’ period.
Documents required for Filing Divorce
The important documents required to initiate and finalize a divorce case are:
- Complaint for Divorce
- Final Decree of Divorce
Some other documents that are normally filed during the process, including:
- Affidavit of Corroborating Witness
- Financial Affidavit
- Marital Settlement Agreement
- Affidavit Regarding the Children.
Distribution of Property
Vermont is an “equitable distribution state”, so as per Vermont divorce laws, martial property is distributed among the partners equally (fairly). The Vermont divorce court will announce the distribution with its intervention in case the spouses are unable to reach any agreement. The divorce court considers following factors:
- The age and health of the applicants
- The length of the marriage
- The occupation, source and amount of income
- The contribution by one partner to the education, training, or increased earning power of the other vocational skills and employability.
Change of Name or Restoration of Name
Under Vermont divorce laws, after filing for a divorce case, either partner can restore their name to their former name.
According to Vermont divorce laws, the Vermont divorce court may order one or both parties to attend a brief parenting education class before the divorce court announces its final hearing.
Vermont divorce courts are authorized to order permanent or temporary alimony during case proceeding if it feels it is appropriate. In making this decision the courts generally considers different financial factors.
Child custody has become very popular with Vermont divorce courts these days. If parties request to have “legal” shared or joint custody, it will most likely be granted, in almost all cases. As for shared or joint “physical” custody, the Vermont divorce courts settle this more strictly.
Vermont child support rules are generally based on the Income Shares Model for calculating child support. The support amount required monthly is determined by applying a complicated formula.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.
Vermont Annulment Laws
An annulment decree is a court’s order terminating an illegal marriage. Like divorce, after annulment, both the spouses can remarry. If you are filing for annulment in Vermont, you have to base your case on the grounds set by Vermont annulment laws. Following are the valid Vermont annulment grounds:
According to Vermont annulment laws you can obtain annulment, if your spouse has some kind of mental illness, partial or complete. But to get annulment on this annulment ground you have to provide a medical certificate testifying your spouse’s incurable mental illness.
If your spouse has a physical disability which is bearing down upon your married life, you can obtain annulment in Vermont.
Bigamy is also a legal annulment ground in Vermont. Marriage laws of the state require you to be single at the time of the marriage. Otherwise your marriage won’t be recognized. You can file for annulment according to Vermont annulment laws, if your spouse has more than one spouse.
Addiction to Drugs
According to Vermont annulment laws, if your spouse is into habitual intoxication of drugs or liquor like opium, cocaine or morphine, you can file for annulment under Vermont annulment laws.
Vermont Divorce Laws-Frequently Asked Questions
- How long should I reside in Vermont for a divorce?
As stated in Vermont divorce laws, you must be a resident of the state for continuously six months to acquire a Vermont divorce.
- Is it necessary for both of the spouses to reside in Vermont to get divorced?
No. According to Vermont divorce laws, either you or your spouse have to reside in Vermont for a divorce. There is no condition that both spouses must be residents of Vermont to get divorced.
- What is the procedure of property distribution in Vermont?
Property distribution is a major divorce related issue. The court follows equitable distribution procedure in which the property is distributed among the spouses in equal or exact proportion. It is considered as the best method for distribution of property.
- What is meant by maintenance?
Maintenance is the term used for alimony in Vermont. Spousal support means the amount paid by one spouse to another to fulfil the financial needs. Maintenance may either be permanent or temporary.
- What if I want to have the child custody?
Child custody is also a serious issue in a divorce. If you are very close to your child and always care for the interest of your child, then there will be brighter chance for you to get custody of your child.
- What is child support?
According to Vermont divorce laws, child support is the amount paid by a non-custodial spouse to the custodial one to cover-up the financial requirements of a child.
- What are child support formulas?
Child support formulas are methods used by the judge to calculate the exact figure of child support. You will get these formulas in child support guidelines of Vermont divorce laws.
- What if we are claiming a divorce and want to hire the same divorce lawyer?
The Vermont divorce laws is against hiring of the same divorce lawyer to represent both spouses.
- Is Vermont a no-fault state?
Vermont divorce laws support has both fault and no-fault divorce grounds. The only no-fault divorce ground in Vermont is separation. The fault based grounds include, wilful desertion, adultery, insanity, imprisonment and intolerable severity.
- Can I and my spouse hire the same divorce lawyer?
No, you cannot hire the same divorce lawyer.