Vermont Divorce Information
and FAQ
To obtain a no-fault divorcc in the State of Vermont, the spouses
must have lived apart from each other for six consecutive months,
and the court must conclude that the resumption of marital relations
is not reasonably probable. The court will conclude that resumption
is not probable unless one of the spouses objects. 15 VSA § 551.
Waiting Period Except under extraordinary circumstances, no
divorce action shall be heard on its merits until after the
expiration of six months from the date of service, if the custody of
a child or children of either party is involved.
A decree of divorce shall become absolute at the expiration of
three months (the “nisi period”) from the entry thereof but, in
its discretion, the court may fix an earlier date upon which the
decree shall become absolute. If one of the parties dies prior to
the expiration of the “nisi period,” the decree shall be deemed
absolute immediately prior to death. 15 VSA § 554
Residency Requirements A complaint for divorce or annulment of
marriage may be brought if either party to the marriage has resided
within the state for a period of six months or more, but a divorce
shall not be decreed for any cause, unless the plaintiff or the
defendant has resided in the state one year next preceding the date
of final hearing. Temporary absence from the state because of
illness, employment without the state, service as a member of the
armed forces of the United States, or other legitimate and bona fide
cause, shall not affect the six months' period or the one year
period specified in the preceding sentence, provided the person has
otherwise retained residence in this state. 15 VSA § 592 Name of
court and title of action/parties An action for divorce is filed in
the Family Court. The action is instituted by the filing of the
Complaint for Divorce, while the document granting the dissolution
is referred to as the Final Divorce Order. The party instituting the
action is referred to as the Plaintiff, and the opposing party is
the Defendant.
Where to File - Venue Complaints for divorce shall be brought in
the county in which the parties or one of them resides. 15 VSA §
593 Property Division The court shall settle the rights of the
parties to their property, by including in its judgment provisions
which 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; and 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; The respective merits of the parties. 15
VSA. § 751 » Return to top Alimony 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, to
provide for his or her reasonable needs, 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 shall 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. 15
VSA. § 752 » Return to top Parental Rights and Responsibilities
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. In making an order awarding parental rights
and responsibilities, the court shall be guided by the best
interests of the child, and shall consider at least the following
factors: 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; 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; The
ability and disposition of each parent to meet the child's present
and future developmental needs; The quality of the child's
adjustment to the child's present housing, school and community and
the potential effect of any change; 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; The quality of the child's relationship with the primary
care provider, if appropriate given the child's age and development;
The relationship of the child with any other person who may
significantly affect the child; 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. In addition, the court
shall consider 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. 15 VSA § 665
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:
Physical living arrangements; Parent child contact; Education of the
minor child; Medical, dental and health care; Travel arrangements;
Procedures for communicating about the child's welfare; and 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.
If the court finds that an agreement between the parents is not
in the best interests of the child or if the court finds that an
agreement was not reached voluntarily the court shall refuse to
approve the agreement. 15 VSA § 666
Parent Child Contact The legislature finds and declares as public
policy that after parents have separated or dissolved their marriage
it is in the best interests of their minor child to have the
opportunity for maximum continuing physical and emotional contact
with both parents, unless direct physical harm or significant
emotional harm to the child or a parent is likely to result from
such contact. 15 VSA § 650 » Return to top Child support The
legislature finds and declares as public policy that parents have
the responsibility to provide child support and that child support
orders should reflect the true costs of raising children and
approximate insofar as possible the standard of living the child
would have enjoyed had the marriage not been dissolved. 15 VSA §
650 Guidelines for child support have been established which
reflects the percent of combined available income which parents
living in the same household in Vermont ordinarily spend on their
children. The amounts of child support determined under the
guideline shall be presumed to be the total support obligation of
parents. 15 VSA § 654
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. 15 VSA § 656
The total support obligation shall be presumed to be the amount
of child support needed. Upon request of a party, the court shall
consider the following factors in respect to both parents. If, after
consideration of these 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:
The financial resources of the child. The financial resources of
the custodial parent. The standard of living the child would have
enjoyed had the marital relationship not been discontinued. The
physical and emotional condition of the child. The educational needs
of the child. The financial resources and needs of the noncustodial
parent. Inflation. 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. Extraordinary travel
and other travel-related expenses incurred in exercising the right
to parent-child contact. 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 postsecondary education. 15 VSA § 659
Name change Upon granting a divorce to a woman, unless good cause
is shown to the contrary, the court may allow her to resume her
maiden name or the name of a former husband. 15 VSA § 558 The court
may change the names of the minor children of divorced parents when
application for that purpose is made in the complaint for divorce.
15 VSA § 559
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