The following is a summary of Vermont’s divorce laws. In some cases, the exact text of the statute has been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Vermont Code or ask an attorney how the law might apply to your particular situation.
Vermont Divorce Grounds
What to Expect When Help Yourself Divorce Prepares Your No Fault Vermont Divorce.
The following is a summary of Vermont divorce laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Vermont Code and/or consult with an attorney about how the law might apply to your particular situation.
Grounds for Divorce
When Help Yourself Divorce prepares your divorce papers, your divorce will be filed based on the grounds of living separate and apart for 6 consecutive months where resumption of marital relations is not reasonably probable.
-From § 551 of the Vermont Statutes.
Residency Laws
A complaint for divorce can be filed when either party has resided in Vermont for at least 6 months. However, a divorce can’t be finalized until one party has resided in Vermont for at least one year next preceding the date of final hearing. Temporary absence from the state because of illness, employment, military service, or other legitimate and bona fide cause, shall not affect the residency, provided the person has otherwise retained residence in this state.
-From § 592 of the Vermont Statutes.
Vermont Alimony Laws
The following is a summary of Vermont alimony laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Vermont Code and/or consult with an attorney about how the law might apply to your particular situation.
Vermont laws allow the court to order either spouse to make alimony payments, either rehabilitative or permanent in nature, to the other spouse if it finds that the spouse seeking alimony:
(1) lacks sufficient income, property, or both, including property awarded in the divorce settlement, 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.
Alimony should be ordered 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 alimony, the property awarded 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 alimony 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 alimony is sought to meet his or her reasonable needs while meeting those of the spouse seeking alimony; and
(7) inflation with relation to the cost of living.
-From § 752 of the Vermont Statutes.
Vermont Child Custody Laws
Definitions
“Parental rights and responsibilities” means the rights and responsibilities related to a child’s physical living arrangements, parent child contact, education, medical and dental care, religion, travel and any other matter involving a child’s welfare and upbringing.
“Legal responsibility” means the rights and responsibilities to determine and control various matters affecting a child’s welfare and upbringing, other than routine daily care and control of the child. These matters include but are not limited to education, medical and dental care, religion and travel arrangements. Legal responsibility may be held solely or may be divided or shared.
“Physical responsibility” means the rights and responsibilities to provide routine daily care and control of the child subject to the right of the other parent to have contact with the child. Physical responsibility may be held solely or may be divided or shared.
-From § 664 of the Vermont Statutes.
Child Custody Guidelines
The court will only order joint legal custody if the parents agree on joint legal custody. In awarding child custody, Vermont laws require the court to be guided by the best interests of the child, and to 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, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.
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.
-From § 665 of the Vermont Statutes.
Parenting Agreement
Any agreement between the parents which divides or shares parental rights and responsibilities shall be presumed to be in the best interests of the child. An agreement between the parties which is a complete agreement on parental rights and responsibilities shall include provisions that address at least the following:
(1) physical living arrangements;
(2) parent child contact;
(3) education of the minor child;
(4) medical, dental and health care;
(5) travel arrangements;
(6) procedures for communicating about the child’s welfare; and
(7) if parental rights and responsibilities are to be shared or divided, procedures for resolving disputes. Such procedures may include but shall not be limited to mediation and binding arbitration.
-From § 666 of the Vermont Statutes.
Access to Records
Access to records and information about a minor child, including but not limited to medical, dental, law enforcement and school records shall not be denied to a parent solely because that parent has not been awarded parental rights and responsibilities. The court may order that access to all or a portion of the records or information shall be denied if access is not in the best interest of the child or if access may cause detriment to the other parent, including but not limited to, abuse.
-From § 670 of the Vermont Statutes.
Vermont Child Support Laws
The following is a summary of Vermont child support laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Vermont Code and/or consult with an attorney about how the law might apply to your particular situation.
Laws that Allow for Deviation from the Guidelines
The total support obligation shall be presumed to be the amount of child support needed. If, after consideration of the following factors, the court finds that application of the guidelines is unfair to the child or to any of the parties, the court may adjust the amount of child support:
(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.
-From § 659 of the Vermont Statutes.
Adjustment for Additional Dependents
The court may adjust the obligor’s income if the obligor has additional dependents. However, in a modification proceeding, the court shall not adjust the amount of the child support obligation because of additional dependents, to the extent that it contributes to a support order lower than a previously existing support order for the children who are the subjects of the modification hearing.
-From § 656a of the Vermont Statutes.
Child Support Guidelines for Shared or Split Physical Custody
The child support guidelines have a specific formula for computing child support when the parents have shared or split physical custody. The basic child support obligation should be increased by 50 percent, and each parent’s obligation will be calculated based on their respective incomes. The lower obligation will be subtracted from the higher obligation, and that will be the amount that parent should pay.
-From § 657 of the Vermont Statutes.
College Expenses
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
-From § 659 of the Vermont Statutes.
Immediate Income Withholding
All child support orders must include an order for immediate wage withholding, unless the court finds good cause not to order immediate wage withholding or the parties have entered into an alternative arrangement by written agreement which is affirmatively stated in the order. In determining good cause, the court may consider a history of financial responsibility toward the family and the absence of any threat by the obligor to withhold financial support from the family.
-From § 781 of the Vermont Statutes.
Vermont Property Division Laws
The following is a summary of Vermont property division laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Vermont Code and/or consult with an attorney about how the law might apply to your particular situation.
Guidelines for Determining Property Division
The court shall equitably divide and assign the property. All property owned by either or both of the parties, however and whenever acquired, shall be subject to the jurisdiction of the court. 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:
- The length of the marriage;
- The age and health of the parties;
- The occupation, source and amount of income of each of the parties;
- Vocational skills and employability;
- The contribution by one spouse to the education, training, or increased earning power of the other;
- The value of all property interests, liabilities, and needs of each party;
- Whether the property settlement is in lieu of or in addition to maintenance;
- The opportunity of each for future acquisition of capital assets and income;
- The desirability of awarding the family home or the right to live there for reasonable periods to the spouse having custody of the children;
- The party through whom the property was acquired;
- 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
- The respective merits of the parties.
-From § 751 of the Vermont Statutes.
