Vermont code § 551. Grounds for divorce from
bond of matrimony.
A divorce or dissolution 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 the state prison in this state for life, or for three years or more, and is actually confined
at the time of the bringing of the libel; or when either party being without the state, receives a sentence for an equally
long term of imprisonment by a competent court having jurisdiction as the result of a trial in any one of the other states
of the United States, or in a federal court, or in any one of the territories, possessions or other
courts subject to the jurisdiction of the United States, or in a foreign country granting a trial by jury, and is actually
confined at the time
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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 ground
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.
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Vermont code § 512. Voidable
civil marriages - Grounds for annulment generally.
The civil marriage contract may be annulled when, at the time of marriage, either party had not attained the age of s16
years or was an idiot or lunatic or physically incapable of entering into the civil marriage state or when the consent of
either party was obtained by force or fraud. |
Vermont divorce statutes § 518. Declarations
of parties not sufficient proof.
A civil marriage shall not be declared null solely on the declarations or confessions of the parties, but the court shall
require other satisfactory evidence of the facts on which the allegation of nullity is founded.
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Vermont code § 594a. Temporary
relief. Temporary orders. Spousal support
Either party or both parties to a civil marriage may apply for temporary relief at any time following the separation of
the parties to the marriage coincidental with, or subsequent to the filing of complaint for absolute divorce or legal separation.
The court to which the cause is returnable, or a superior judge, on such notice to the adverse party as the court or judge
directs,
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may make such orders pending final hearing and further order of
the court as the court would be authorized to make upon final hearing. A prompt hearing will be held, and the evidence shall
be recorded by a court reporter. The court or judge shall issue an order within 10 days from the date of the hearing. Failure
of the court or judge to issue an order within 10 days shall not affect the validity of any order issued after the 10-day
period.
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Vermont code § 654. Child Support
guideline.
The secretary of human services shall prescribe by rule a guideline for child support which reflects the percent of combined
available income which parents living in the same household in Vermont ordinarily spend on their children. The rule shall
be based on the concept that children should receive the same proportion of parental income after separation or divorce of
their parents as they would receive if their parents were living together in one household. The rule shall be based on the
financial needs of Vermont children, established by such reliable data as most accurately reflect their needs. The amounts
of child support determined under the guideline shall be expressed in dollars and shall be presumed to be the total support
obligation of parents. The secretary may amend the guideline from time to time as may be necessary, but not less than once
every four years. The secretary shall also prepare and make available forms suitable for calculating amounts payable under
this section.
Vermont divorce statutes § 656. Computation of parental support obligation.
(a) 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. The custodial parent shall be
presumed to spend his or her share directly on the child.
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(b) If the noncustodial parent's available income is less than
the lowest income figure in the support guideline adopted under section 654 of this title or is less than the self-support
reserve, the court shall use its discretion to determine support using the factors in section 659 of this title and shall
require payment of a nominal support amount.
(c) If the noncustodial parent's available income is greater than the self-support
reserve but payment of a child support order based on application of the guideline would reduce the noncustodial parent's
income below the self-support reserve, the noncustodial parent's share of the total support obligation shall be presumed
to be the difference between the self-support reserve and his or her available income. If the noncustodial parent owes arrears
to the custodial parent, the court shall not order the payment of arrears in an amount that, by itself or in combination
with the noncustodial parent's share of the total support obligation, would reduce the noncustodial parent's income below
the self-support reserve, unless the custodial parent can show good cause why the payment of arrears should be ordered despite
the fact that such an order would drop the noncustodial parent's income below the self-support reserve. Such arrears shall
remain the responsibility of the noncustodial parent and be subject to repayment at a time when the noncustodial parent's
income is above the self-support reserve.
(d) The court may use its discretion in determining child support in circumstances
where combined available income exceeds the uppermost levels of the support guideline adopted under section 654 of this title.
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Vermont code § 657. Shared
or split physical custody.
(a) When each parent exercises physical custody for 30 percent or more of a calendar year, the total child support obligation
shall be increased by 50 percent to reflect the additional costs of maintaining two households. Each parental support obligation
shall be determined by dividing the total support obligation between the parents in proportion to their respective available
incomes and in proportion to the amount of time each parent exercises physical custody. The parental support obligations
shall then be offset, with the parent owing the larger amount being required to pay the difference between the two amounts
to the other parent.
(b) When one parent exercises physical custody for 25 percent or more but less than 30 percent of a
calendar year, each parent's respective share of the total support obligation shall be determined
in accordance with a shared costs table adopted by the agency of human services by rule. The shared costs table shall be
developed in such a way as to minimize economic disputes |
over parent-child contact or visitation and shall reflect
the additional costs of maintaining two households by increasing the total support obligation by 50 percent.
(c) In no event shall a parent be required to pay child support
under subsection (a) or (b) of this section in an amount greater than the amount that would have been ordered under the support
guidelines.
(d) For purposes of this section, "physical custody" means keeping the children overnight. The parent
having custody for the greater period of time shall be considered the custodial parent for the purposes of section 661 of
this title.
(e) When each parent has physical custody of at least one of the children, a theoretical support payment shall
be determined for each parent for the children in the custody of the other, prorating the obligations among all children
in the household. The obligations shall then be offset, with the parent owing the larger amount being required to pay the
difference between the two amounts to the other parent.
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Vermont code § 665. Rights
and responsibilities order; best interests of the child.
(a) In an action under this chapter the court shall make an order concerning parental rights and responsibilities of any
minor child of the parties. 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.
(b) 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.
(c) 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.
(d) The court may order
a parent who is awarded responsibility for a certain matter involving a child's welfare to inform the other parent when a
major change in that matter occurs.
(e) The jurisdiction granted by this section shall be limited by the Uniform Child Custody
Jurisdiction Act, if another state has jurisdiction as provided in that act. For the purposes of interpreting that act and
any other provision of law which refers to a custodial parent, including but not limited to section 2451 of Title 13, the
parent with physical responsibility shall be considered the custodial parent.
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Vermont code § 1013. Decision.
Grandparents visitation
(a) The court shall grant the petitioner reasonable visitation or access to the grandchild upon determining that to do
so would be in the best interests of the child.
(b) In determining the best interests of the child, the court shall consider
the following factors:
(1) the love, affection and other emotional ties existing between the grandparents involved and the
child;
(2) the capacity and disposition of the parties involved to give the child love, affection and guidance;
(3) the nature of the relationship between the |
petitioner and the
grandchild and the desirability of maintaining that relationship;
(4) the moral fitness of the parties;
(5) the mental and
physical health of the parties; (6) the reasonable preference of the child, if the court deems the child to be of sufficient
age to express a preference;
(7) the willingness and ability of the petitioner to facilitate and encourage a close and continuing
relationship between the child and the other parties; and
(8) any other factor which the court considers to be relevant to
a just determination regarding visitation or access.
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Vermont code § 102. Complaint
by wife to sell real estate. Property
When a married man is incapacitated for supporting his family, or deserts, neglects, or abandons his wife, or by ill-usage
or criminal conduct gives her cause to live apart from him, or is committed to the commissioner of corrections, if the wife
is of age, a presiding judge of the superior court, upon her complaint for that purpose, may authorize such wife to sell
and convey her real estate, or personal property which came to the husband by reason of the civil marriage and which remains
in the state undisposed of by him. Such judge may authorize a person holding money or other personal estate, to which the
husband is entitled in her right, to pay or deliver the same to the wife. A married woman who is of age and lives apart from
her husband and has lived apart from her husband more than one year from any cause other than her adultery, and who has real
estate in her own right, may petition a presiding judge of the superior court for leave to sell and convey such real estate.
Vermont divorce statutes § 103. |
Determination of amount contributed to property by husband; sole
and separate deed of wife.
If it appears to the presiding judge that such real estate was acquired by such married woman,
in whole or in part, otherwise than by gift or conveyance from her husband, and otherwise than as a result of his industry,
accumulations or savings, and that her needs or comforts or the needs or comforts of her minor children require the income
or proceeds of such real estate or her interest therein, the judge shall determine what amount, if any, the husband has contributed
toward such property. Such judge shall authorize such married woman to sell and convey such real estate by her sole and separate
deed upon payment or tender to her husband of such sum, if any, as the judge finds he has contributed to the purchase of
such property, to be proportionately increased or decreased to correspond with any material change in value, found by the
judge, of such property subsequent to the date of the first contribution, if any made by the husband. Such deed shall have
the same effect to pass title to such property as if joined in by the husband.
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The Vermont Code that
appears here may not include all provisions of Family Law. Some redacting has
occurred. You should consult the VT code or a Vermont divorce attorney
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