FAQs About Divorce In Vermont
Whether you or your spouse initiated it, going through a divorce can be a challenging and scary time in your life – a time when you need guidance and support the most. While your loved ones can offer you personal advice, legal matters are best left to the professionals. Our Central Vermont divorce attorneys can help you navigate your family law issues with ease.
Get some of the answers you need here or contact our firm, Green Mountain Family Law, to discuss your situation in private and learn how we can assist with your case.
Q: What should I do if my spouse filed for divorce in Vermont?
A: If your spouse files for divorce and you anticipate conflict or wish to raise your own disputes, contact an attorney. With a legal representative at your side, you can protect your best interests and parental rights. Even if there is no major disagreement, a lawyer can still inform you of your rights and ensure that you are aware of any impact your decisions may have.
Q: How long does a divorce take in Vermont?
A: The timeline for divorce in Vermont varies depending on several factors, with uncontested divorce ranging from six to 12 months and contested divorce ranging from one to two years. After a Vermont judge signs the final divorce decree, there is a mandatory 90-day “nisi period” or waiting period. During this phase, the couple will have an equal opportunity to reconsider their decision and file for an appeal or retrial.
Q: What is the first step to file for divorce in Vermont?
A: There is a six-month residency requirement for divorce in Vermont, whereby at least one party must have lived in the state for six months before filing their divorce petition. If the couple has minor children, the petitioning spouse must also submit a financial affidavit, a comprehensive parenting plan and a proposed marital asset division plan.
Q: Is Vermont a no-fault divorce state?
A: Yes, which means neither party needs to show proof of their spouse’s wrongdoing to proceed with the divorce. They only need to have been living separate lives without being in an intimate relationship for the last six months.
Q: Are assets split in half in Vermont?
A: Vermont is an equitable distribution state, which means the court will divide the divorcing couple’s marital property and debts in a “fair and just manner” rather than an equal 50/50 split. Alternatively, if the couple has a valid prenuptial or postnuptial agreement, the court will seek to honor the agreed terms in their legal document and divide their marital property and debts according to those terms.
Q: What is the divorce process in Vermont?
A: If the couple is amicable with the decision, they can streamline the process by creating a divorce settlement agreement with a third-party mediator who can help them discuss and negotiate their agreed-upon terms for property division, child support, child custody and spousal support.
If the couple cannot resolve their family law-related disputes on their own, they must go through traditional litigation, where each party hires a divorce attorney to present their case to a judge. The judge will hear both arguments and make decisions based on facts and the law.
Q: How does child custody work in Vermont?
A: In Vermont, custody or “parental rights and responsibilities” often includes a physical and legal component. Physical responsibility refers to your child’s place of residence and their day-to-day needs, whereas legal responsibility refers to major life decisions such as schooling, travel, surgery and more. While the court may award legal rights and responsibilities to both parents, you and your ex-spouse must agree on shared physical rights and responsibilities. If you cannot reach an agreement, note that the court may choose to only award one parent physical rights and responsibility.
Q: Who pays for child support in Vermont?
A: There are very specific guidelines and rules when it comes to child support payments. But ultimately, the idea is to provide your children with the same support they would have had prior to the divorce. Often, the responsibility of child support payments falls on the parent without physical rights and responsibilities. In these matters, you and your ex-spouse may choose to reach an agreement on your own regarding the amount. The court will then review your numbers to ensure that they adhere to the guidelines. On the other hand, if both parents cannot agree, then a hearing will be set to settle the matter.
Q: Who gets the house?
A: Again, unless you and your ex-spouse can agree on who will remain in the home or whether you will sell it and split the profits, the court must intervene. Generally, if someone does remain in the marital home, they do so with a stipulation. This could mean until their circumstances change or the youngest child reaches maturity. In that scenario, when the child turns 18, the parent occupying the house must choose to buy out the other spouse or sell the home and divide the proceeds.
Q: How will Vermont courts divide our debt?
A: Similar to your assets and properties, the court will classify your debt as marital or separate. This means that any debt that belonged to you before your union remains yours. But debt accumulated during your marriage will be equitably – but not necessarily equally – divided between you and your ex-spouse.
Reach Out To Our Experienced Divorce Attorneys Today
The stress and frustration that frequently go with the ending of a marriage can overshadow your life. We can help you identify your priorities and find a path toward a brighter, post-divorce future. To seek caring counsel and legal representation for your divorce, contact our Barre office today at 802-858-8152 or send us an email online to schedule a consultation with one of our skilled lawyers. We serve individuals and families throughout Central Vermont.