Vermont’s Divorce Laws
If either party to the marriage has resided within Vermont for a period of six months, a complaint for divorce may be brought in this state.
However, a divorce will not be granted until one of the parties has resided in the state for at least one year preceding the date of the final hearing.
Grounds for divorce
There is no-fault divorce in Vermont. A no-fault divorce may be granted 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. A divorce may also be decreed:
a) For adultery in either party;
Division of property
In Vermont, the divorce court will equitably divide all property, owned by either or both of the parties, however and whenever acquired.
Title to the property, whether in the names of the husband, the wife, or both parties, 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:
a) the length of the civil marriage;
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 its child custody determination, the court will consider at least the following factors:
a) 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;
Child support payments are figured using the state’s formulated support guideline. 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 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.
The court may order either spouse to make maintenance payments 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 civil marriage or is the custodian of a child of the parties.
The amount and length of maintenance payments are determined after considering all relevant factors including:
a) 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;
Sources: http://www.leg.state.vt.us/statutes/chapters.cfm?Title=15 (Vermont divorce laws)
The State Resource pages are provided for informational purposes only. Do not take any actions based upon the information contained within the State Resource pages without first consulting an attorney licensed in your state. We at DadsDivorce.com strive to keep our information up-to-date; however state laws are not static and subject to change without notice.