Vermont divorce laws
Child
Support
 Vermont
divorce
laws
specify
that
one or
both
parents
may be
required
to pay
monies
toward
the support
of the
children.
An arithmetic
formula
taken
directly
from
these
Vermont
divorce
laws
and is
applied
in most
cases. The court will consider
the following
factors,
and when
warranted
use alternative measurements to determine
the total
support
obligation
and how
it applies
individually. (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
non custodial
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.
If the
parties
agree,
the court
may include
in the
child
support
order
an additional
amount
designated
for the
purpose
of providing
for post
secondary
education.
When each parent has physical custody of the
children for 30 percent or more of a calendar
year, the total child support obligation gets increased by 50 percent to
reflect the additional costs of maintaining two households. Each parental
support obligation will 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 will then be offset, with the
parent owing the larger amount being required to pay the difference between
the two amounts to the other parent.
| Divorce Myth: Living together before marriage is a good way to reduce the chances of eventually divorcing. Reality: Many studies have found that those who live together before marriage have a considerably higher chance of eventually divorcing. The reasons for this are not well understood. In part, the type of people who are willing to cohabit may also be those who are more willing to divorce. There is some evidence that the act of cohabitation itself generates attitudes in people that are more conducive to divorce, for example the attitude that relationships are temporary and easily can be ended. |
Residency 
In order for a petition for divorce or annulment to move forward through the Vermont court system, at least one of the parties must have resided within Vermont for a period of six months or more. Divorces are not granted unless one of the parties has been a resident of Vermont for a full year or more prior to any entry od dissolution. Vermont courts will consider temporary absence from the state ( illness, employment outside the state, armed forces relocation or other legitimate causes) as being residents in most cases.
Child
Custody
 In Vermont, courts will award custody to the parents considering the following factors: (1) the relationship of the child with each parent and how each parent is likely or not likely to provide the child with love, affection and guidance, (2) how likely it is that each parent can provide the necessities of life (adequate food, clothing, medical care, other material needs and a safe environment), (3) how likely it is that each parent can meet the present and future needs of the child(ren), (4) how likely it is that the child(ren) will be able to adapt under a scenario having two separate homes as opposed to an unchanged situation that wouldn't require living in two separate locations, (5) Whether or not each parent is willing able and capable of fostering a frequent and positive relationship with the other parent, (6) How cooperative the parents appear in considering the child(ren)'s growth and well-being.
Vermont divorce statutes allow that courts
can make decisions about custody and the
care of your children if you can't reach
agreement with your spouse. Try very hard
to prevent an impasse. Your children's' lives
may depend on it.
| Divorce Myth: Following divorce, the woman’s standard of living plummets by seventy three percent while that of the man’s improves by forty two percent. Reality: This dramatic inequity, one of the most widely publicized statistics from the social sciences, was later found to be based on a faulty calculation. A reanalysis of the data determined that the woman’s loss was twenty seven percent while the man’s gain was ten percent. Irrespective of the magnitude of the differences, the gender gap is real and seems not to have narrowed much in recent decades. |
Grounds
for Divorce
 Like
so many other states, Vermont divorce statutes
provide for dissolution using any of the
following common grounds for divorce: (1) For
adultery in either party; (2) Imprisonment for more than
3 years, (3) Any
intolerable act or behavior, (4) Deserting the marital
home for 7 years and not heard from during
that time, (5) Unable
to perform spousal 'duties', (6) Incurable insanity, and (7) When
the couple has lived apart for at least six
months and the court finds little chance
of reconciliation (irreconcilable differences).
Mediation
If one spouse denies
the couple has lived apart for six months or more, or insists that
the marriage can be salvaged, the court will, after examination consider
ordering the couple to a mediation or counseling process. Essentially
the court determines if reconciliation of the parties
to the marriage is reasonably probable or not.
Alimony
 One
or both
litigants
may request
that
temporary
relief
(alimony
or maintenance)
be granted
during
the process
of divorce.
This
relief
can come
in the
form
of immediate
payments,
or payments
may be
ordered
to begin
at the
dissolution
of the
marriage.
The courts
have
some
latitude
here.
Alimony
can be
periodic
payments,
lump
sums
or a
combination
thereof.
Payments
can be
for a
certain
period
of times
(example:
5 years)
or they
can be
permanent
(lifetime
or until
the recipient
remarries).
Divorce recovery
can be
achieved
more
readily
with
a financial
safety
net.
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:
- lacks sufficient income, property, or both, including property apportioned and
- 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 will 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:
- 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;
- the time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
- the standard of living established during the marriage;
- the duration of the marriage;
- the age and the physical and emotional condition of each spouse;
- 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
- inflation with relation to the cost of living.
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Waiting
Period
Vermont courts will grant divorces in most cases after 3 months have passed since the initiation of the action. Courts can, however, order dissolutions before 3 months have elapsed under unusual circumstances.
Grandparents
Rights
 Federal
law allows grandparents
the right to petition
for visitation for and
from grandchildren.
Custody can also be awarded
to grandparents if the
court determines that
that action serves the
best interest of the
children. It is advisable
to initiate a plea for
visitation during the
process of divorce of
your adult child, because
delaying the request
might necessitate a separate
court procedure that
may become costly.
Dividing
Assets
 Vermont
is an "equitable distribution" state when it comes to dividing marital assets. If you and your spouse are unable to agree on what assets are to be divided and/or how they are to be divided, the court will do so on your behalf. Should it become necessary to allow the court to make the division, the judge will first determine which assets are marital and which are not, and then divide the marital assets "equitably" in
a fair but not necessarily equal manner. How property is titled
will have no bearing on whether a particular asset is marital
property or not.
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) the contribution by one spouse to the education, training, or increased earning power of the other; (5) the value of all property interests, liabilities, and needs of each party; (6) whether the property settlement is in lieu of or in addition to maintenance; (7) the opportunity of each for future acquisition of capital assets and income; (8) the desirability of awarding the family home or the right to live there for reasonable periods to the spouse having custody of the children; (9) the party through whom the property was acquired; (10) the contribution of each spouse in the acquisition, preservation, and depreciation or appreciation in value of the respective estates, including the non monetary contribution of a spouse as a homemaker; and (11) the respective merits of the parties.
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