Green Mountain Family Law Green Mountain Family Law 2026-06-23T16:23:45Z https://www.greenmountainfamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104401/2025/05/cropped-Site_icon-32x32.png On Behalf of Green Mountain Family Law <![CDATA[What to know when handling property division during divorce]]> https://www.greenmountainfamilylaw.com/?p=48810 2025-09-23T05:34:22Z 2025-09-26T05:33:30Z Divorce in Vermont comes with unique rules that govern how property is divided. For many couples, the process can feel overwhelming.  Since Vermont follows an equitable distribution system, the goal is not to split property equally but to divide it fairly based on the circumstances of each spouse. Understanding how Vermont law approaches property division can help you prepare for negotiations and avoid surprises.

1. Marital versus separate property in Vermont

Vermont courts consider all property owned by either spouse at the time of divorce to be part of the marital estate, irrespective of whose name is on the title. This is broader than in many states because even assets acquired before the marriage may be subject to division if the court deems it appropriate.

2. Division based on equitable distribution

Vermont law requires judges to divide property equitably. This does not mean a strict 50-50 split because courts weigh factors such as the length of the marriage, each spouse’s contribution to acquiring and maintaining assets as well as the financial and non-financial roles of each party. The aim is to reach a settlement that is reasonable under the circumstances.

3. Treatment of debts and liabilities

Just as with assets, Vermont courts also divide debts that include mortgages, loans and credit card balances. Judges review when and why the debts were incurred and whether one spouse benefited more from them before assigning responsibility.

4. Special considerations for Vermont homes and retirement accounts

The family home often carries emotional weight, especially if children are involved. Vermont courts may award the home to one spouse while compensating the other through other assets or allow the property to be sold and the proceeds divided.

5. Importance of professional support

Because Vermont takes such a broad view of marital property, property division during divorce can be complex, and seeking reliable legal guidance is critical to ensure that your rights are protected and that you reach a settlement that safeguards your emotional well-being and financial future.]]> On Behalf of Green Mountain Family Law <![CDATA[Could therapy make co-parenting easier?]]> https://www.greenmountainfamilylaw.com/?p=48804 2025-09-08T06:02:15Z 2025-09-11T06:01:54Z What types of counseling can help? Frequently, people adjusting to life after a divorce or separation need individual counseling. It can be beneficial to have a confidential space in which to discuss feelings. Therapists can also help people learn communication and conflict resolution skills. Counseling sessions for children, either on their own, with their siblings or with their parents, can also facilitate healing after a divorce. Parents may even want to consider attending co-parenting counseling together. Co-parenting counselors can help parents communicate when they disagree about the family’s schedule. They can help parents improve their relationship by centering their children. Their insight into family dynamics and the children's needs can be very valuable for the parents. With a calm and confidential space to discuss their issues, parents may find it easier to effectively co-parent. Having fair child-related agreements crucial to successful co-parenting. So is recognizing that sharing parental responsibilities and rights can be challenging Parents who have appropriate professional support can better work cooperatively with one another for the benefit of their children.]]> On Behalf of Green Mountain Family Law <![CDATA[Can you stop a divorce once it’s started?]]> https://www.greenmountainfamilylaw.com/?p=48801 2025-08-28T10:27:39Z 2025-09-02T10:27:17Z What if your spouse disagrees? If you’re on the same page with your spouse about getting back together and the court process has already started, you’ll both need to agree to dismiss the case. This means having an honest conversation about what you both want. If your spouse wants to continue with the divorce and you don’t, the process will likely move forward eventually. Vermont law allows either spouse to end the marriage without proving fault. You can’t block it by refusing to participate.

It may be too late to undo some things

Even if you stop the divorce, some decisions may already be locked in. For instance, if you or your spouse sold business interests or cashed out retirement savings as part of the divorce process, those changes may be difficult or impossible to unwind. Remember, once a judge issues the final divorce order, your marriage is legally over. At that point, the only way to undo it is by remarrying each other. That’s why it’s important to speak up early if you’re reconsidering. It also underscores the need for legal guidance. Divorce isn’t just about emotions. There are long-term legal and financial consequences. Whether you ultimately choose to reconcile or proceed with the divorce, having the right support can help you make informed decisions and make the process less overwhelming.]]> On Behalf of Green Mountain Family Law <![CDATA[What is a “do no harm” approach to co-parenting?]]> https://www.greenmountainfamilylaw.com/?p=48797 2025-08-18T06:51:06Z 2025-08-21T06:50:28Z A “do no harm” approach to co-parenting is based on the idea that every choice parents make should be guided by the goal of minimizing stress, conflict and disruption for their children. While divorce or separation can be challenging for everyone involved, children can be especially vulnerable to emotional harm when exposed to hostility between parents. This approach shifts the focus from winning disputes to protecting the child’s well-being. At its core, a “do no harm” approach means putting a child’s needs above parental frustrations or disagreements. This may require setting aside personal grievances to create a safe, supportive environment. It involves refraining from negative talk about the other parent in front of the child, avoiding behaviors that make the child feel caught in the middle, etc. Understandably, this approach is easier said than done.

Translating this approach into action

Instead of letting emotions drive discussions, parents work to keep exchanges respectful, brief and focused on their child’s needs if their regular communication style tends to lead to conflict. Tools like email, shared calendars and parenting apps can help limit unnecessary personal interactions while ensuring important information is accessible to both parties.  The “do no harm” approach also generally means supporting a child’s relationship with their other parent. Unless safety or emotional well-being is a concern, children usually benefit from maintaining strong connections with both parents. Encouraging visits, respecting the parenting schedule and fostering a positive view of the other parent can potentially help a child to thrive. This method does not ignore conflicts—it manages them in ways that shield children from the fallout. Over time, prioritizing cooperation over conflict can reduce tension and make co-parenting smoother for everyone. Ultimately, adopting a “do no harm” approach is about making a conscious choice to protect children’s emotional health during and after a separation. By staying focused on their needs, parents can create a stable foundation that allows their children to benefit from what they need most.]]> On Behalf of Green Mountain Family Law <![CDATA[Co-parenting tips for the upcoming school year]]> https://www.greenmountainfamilylaw.com/?p=48792 2025-07-29T07:37:40Z 2025-08-01T07:37:03Z Even though you’re only halfway through summer, the stores already have everyone thinking about back-to-school supplies and clothes shopping. Summer seems to last forever when you’re a kid, but you realize that school will be back in session before you know it. That’s why now is a good time to think about your co-parenting schedule. Here are some tips to help you and your co-parent create an environment that allows your child to thrive.

1. Communication

Effective communication is the foundation of a successful co-parenting relationship. It prevents misunderstandings and reduces stress. There are several methods, such as texting, emails, weekly check-ins or using a co-parenting app. It’s essential to determine what works best for coordinating schedules and keeping each other informed about school activities. Co-parents often try to avoid regular communications, especially if emotions are still raw. Keeping your conversations child-centered can help prevent conflicts, so focus on academics, important school dates, teacher communications and extracurricular activities.

2. Attend school events

Whenever it’s possible, the two of you should show a united front and attend school events together. This can help reassure your child of your shared commitment to them. Attending every event together may not be feasible, so agree on a few key functions, such as parent-teacher conferences, award ceremonies, and school plays. If you plan to bring a new partner, discuss it in advance to avoid an awkward situation. 

3. Be consistent

Children need stability and consistency to thrive. Having the same rules and expectations across households minimizes confusion and provides your child with a sense of security. Discuss how you will handle homework and screen time, along with consequences for poor behavior. Revisit the topic periodically as the children grow and their needs evolve.

4. Prioritize emotional health

Your children already experience stress trying to balance school, extracurricular activities and life’s challenges. In addition, they need to adjust to changing family dynamics. Create a safe space for your children to express their thoughts and feelings. Listen without judgment as they talk about school, friendships and family life. Watch for changes in their behavior, such as suddenly becoming withdrawn or irritable. They may be feeling overwhelmed. Discuss your concerns with your co-parent and consider therapy if needed. A successful co-parenting plan requires collaboration from both parents. If your ex-spouse refuses to cooperate or makes attempts to sabotage the relationship between you and your children, you don’t need to fight these battles on your own. A legal professional can work with you in implementing a co-parenting plan that helps your child to succeed academically, socially and emotionally. ]]> On Behalf of Green Mountain Family Law <![CDATA[3 ways to help children handle their emotions about divorce]]> https://www.greenmountainfamilylaw.com/?p=48789 2025-07-14T10:43:28Z 2025-07-17T10:42:59Z 1. The comfort of familial support Children often feel anxious discussing their emotions about divorce. They don't want to alienate or offend either of their parents. Agreeing to listen without judgment or fostering connections with other family members, such as aunts and uncles, may inspire a child to open up and communicate their concerns.

2. Support groups and counseling

There are several different types of therapy or counseling that could prove beneficial for children of divorcing parents. Group sessions with the whole family, joint sessions with their siblings and one-on-one counseling can all potentially be helpful. Local churches and youth organizations might also offer peer support groups for children and teenagers when their parents divorce. Having someone outside of the family to talk to can make it easier for children to express their feelings.

3. An athletic or creative outlet

Many people can transmute personal pain into a source of creativity. Visual arts, writing, sports and a variety of other activities can give children a way to express themselves or work through their emotions physically. Encouraging a child to try new extracurricular activities or continue engaging in prior pastimes can provide them with both valuable social connections and a healthy outlet for their emotions. Parents who provide support for their children can reduce the challenges that come with shared custody arrangements. The right support can help prevent scenarios in which a child's grades drop or they end up socially isolated due to their emotions.]]> On Behalf of Green Mountain Family Law <![CDATA[What’s involved in changing your last name during divorce?]]> https://www.greenmountainfamilylaw.com/?p=48721 2025-07-02T21:46:49Z 2025-07-02T21:46:49Z Who needs to be notified of name changes? What can be time consuming is the notifications that anyone who legally changes their name needs to make. These include:
  • Employers
  • Banks and any entity that holds accounts, credit cards or loans
  • Department of Motor Vehicles (DMV) for driver’s license, vehicle registration and state ID changes
  • Insurance providers
  • Children’s schools
  • Health care providers
  • IRS, Vermont Department of Taxes and any other relevant tax collection entities
  • Social Security Administration
  • Government benefits providers
  • Utilities providers
  • S. Department of State for those with U.S. passports
Deciding whether or not to keep the last name of a former spouse isn’t necessarily easy, either. Although it’s not so uncommon for children to have a different last name than one of their parents these days, it can present added complications when families travel. Further, if someone has used their married name or even a hyphenated or double last name for some time, it may cause confusion and even potentially harm a person’s professional reputation if they’re no longer known by that name. That’s something to consider.

The name change can always be done later

People always have the option of restoring their last name later. There’s more bureaucracy involved since it requires submitting a name change petition to the local superior court’s probate division. If you have questions or concerns about their own name change as they divorce should discuss the matter with your legal representative and others whom you believe can offer valuable insight. It’s important not to make the change unless and until you’re sure about it.]]> On Behalf of Green Mountain Family Law <![CDATA[Dividing the house in a divorce]]> https://www.greenmountainfamilylaw.com/?p=48722 2025-06-25T05:47:59Z 2025-06-25T05:47:59Z Sometimes the hardest part of a divorce isn't the decision to separate, it's wondering what comes next. When emotions are high, even bricks and floorboards can feel personal. The home you once built a life in may now feel like a symbol of what's being lost. But for many, it's also the most valuable asset they share and dividing it is rarely as simple as one person moving out.

Who gets the house?

When a couple owns a home together, that property is considered marital property, meaning it must be addressed during the divorce process. Whether the house is sold, refinanced or one spouse buys out the other’s share, it’s not something either person can simply walk away from without a legal resolution.  In Vermont, marital property laws follow the principle of equitable distribution. That means property acquired during the marriage is divided fairly, though not always equally. This includes real estate, even if it’s titled in only one spouse’s name. Courts will look at a range of factors to decide what’s fair:
  • The length of the marriage
  • The contributions of each spouse
  • Each person’s economic circumstances
  • And more
This can lead to vastly different outcomes for different couples. Dividing a home can get complicated quickly. In addition to financial and legal questions, there are often emotional ties to the place you once built a life together. You may be wondering: How much is the home really worth? Can one person afford to keep it? What happens to the equity? The answers aren't the same for every couple, and the process is rarely straightforward.  Going through this process alone can be overwhelming, seeking help from a legal professional can help offer clarity and peace of mind during this time. From reviewing documents to helping you understand your options, support makes a difference, especially when the future feels uncertain. If you’re struggling with property division and unsure of where to start or worried about what comes next, consider reaching out for legal guidance.  ]]> On Behalf of Green Mountain Family Law <![CDATA[Is cutting all communication an option for divorcing parents?]]> https://www.greenmountainfamilylaw.com/?p=48723 2025-06-10T04:31:37Z 2025-06-10T04:31:37Z “We’re through. I don’t want to ever see you or hear from you again.” Imagining yourself saying those words, slamming the door and speeding off in the car might feel empowering if you're thinking about a divorce. The reality will be somewhat different, particularly if you share minor children. Most divorcing couples need to see and talk to each other again to sort out matters such as property division, but once the divorce is finalized, they are free to cut contact. Those who share minor children will need to keep communicating with each other and seeing each other at least until the child reaches the age of majority. That is not to say there are never circumstances where ceasing all communication might be an option.

Is it in your child’s best interests?

Courts start with the general assumption that having both parents continue to play an active role in their child’s life is the best thing for the child. A decent level of communication between parents will be necessary for this to happen. So, if you truly believe cutting all communication with the other parent is what is needed, you’ll have to present a very strong case to the court as to why it is in your child’s best interests, not just yours, for this to happen.

Safety is the most convincing reason

Maybe you want to leave your spouse because they beat you. Or because they have a severe drug problem that -- while it has never yet led to physical violence -- is a constant worry for you. Maybe you found them overdosing on the floor and only just managed to cover things up before your child saw them. Or maybe you found dirty needles in your child’s bed after your spouse had fallen asleep there while reading them a bedtime story and fear that only luck prevented a needle from infecting your child. These are the kind of extreme cases that might convince a judge that allowing you to completely cut your spouse out of your life and, by default, your child’s life, is an option. Sometimes, a court will prefer lesser measures, such as no-contact orders or supervised visitation, that give you the protection you need, while still allowing your child to maintain some contact with their other parent. Learning more about your rights and the options available is a good place to start.]]> On Behalf of Green Mountain Family Law <![CDATA[Divorcing after 50: What are your priorities?]]> https://www.greenmountainfamilylaw.com/?p=48724 2025-05-27T07:21:48Z 2025-05-27T07:21:48Z If you’re among the growing number of people who are divorcing after decades of marriage in your 50s, 60s or older, you likely don’t have the same goals for your divorce as you would have had several decades ago.  While every divorce is unique, generally people who divorce in the latter half of their lives are focused on things other than child support and custody. If they have children, they’re probably grown and independent.  Let’s look at some key priorities that are probably important to you (or should be).

Fair property division

Vermont is among the majority of states that use the “equitable division” method of property division. That means if a judge is called on to determine the division of marital assets and debts because a couple can’t negotiate it themselves, these are to be divided equitably or fairly, which may or may not be equally or 50-50. If you and your spouse have one or more homes, investment and retirement accounts and other valuable assets like artwork, leaving the marriage with your fair share can be crucial to a comfortable retirement.

Spousal maintenance

Alimony, or spousal maintenance, may be crucial – at least for a time – if one spouse outearns the other considerably. It’s especially important if one spouse has taken time out of the workforce over the years to be a stay-at-home parent and can’t just immediately become self-supporting. Further, an older spouse may have health issues that prevent them from working.  All types of income – including Social Security retirement benefits and retirement account distributions – that both spouses receive are considered when determining how much alimony one spouse will pay the other and for how long.

Health insurance

If you aren’t yet old enough to qualify for Medicare (65), it’s crucial that you get new health insurance lined up if you’ve been relying on coverage through your spouse’s employer-based plan. Once the divorce is final, you likely will lose that coverage. If you’re on medications or have a chronic or serious health condition, you definitely can’t afford to lose that coverage. In Vermont, insurance is available through Vermont Health Connect if you can’t get it through your employer. Remember, too, that it’s important to get your own financial, tax and other advisors rather than rely on those whom you and your spouse have had together. Lastly, by having sound legal guidance, you can determine what your specific goals are for the divorce and work towards those goals as you begin this new chapter.]]>