Vermont Divorce Laws

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The state of Vermont has its own specified rules for divorce and annulment of marriage. These rules consist of different legal provisions that state the requirements that are to be met to accomplish a divorce procedure. Some important issues related to a divorce in Vermont like spousal maintenance and child custody have been explained below.

Vermont Divorce Laws regarding Alimony

The Court may grant permanent or rehabilitative alimony to either partner if it concludes that this partner:

  • Is the custodian of a child from the marriage and fails to support self at the standard of living reached during marital life, by attending a proper job
  • Does not have enough income and / or property inclusive of the property allocated as per section 751 to fulfill the self reasonable requirements

The Court determines the reasonable duration and amount of alimony after contemplating on the following points:

  • The period of marital life
  • The kind of living standard witnessed during the time of marriage
  • The time required and expenditure essential for the spouse to undergo enough education and training to be suitably employed
  • The income sources of the spouse requesting alimony, the property assigned to this partner, this partner's capacity to meet his/her wants independently, if this partner is a custodian of a child then what degree of the child support amount is reserved for this partner
  • Inflation and its impact on the cost of living
  • The partners capacity, from whom alimony is demanded, to meet the self reasonable requirements and the reasonable requirements of the partner seeking alimony
  • The emotional condition, physical state and age of each partner

Vermont Divorce Laws pertaining Property Distribution

This state believes in equitable distribution of marital property. The title of the property is immaterial. The issues pondered over by the Court while deciding property distribution are as follows:

  • The valuation of all requirements, liabilities and property interests of each partner
  • The input of one partner to the increased earning power, training and education of the other partner
  • Employability and vocational skills of both partners
  • The sources and amount of income and occupation of both parties
  • The age and health of both partners
  • Marital life duration
  • The partners merits
  • The input of each spouse in the appreciation, depreciation, preservation and attainment of the respective estates inclusive of non-monetary input of either partner as a homemaker
  • The partner responsible for attainment of a property
  • The wish to allocate the family house or the partners right to stay in the house for a set period who is awarded custody of the children
  • The chance for each partner regarding acquiring income and capital assets anytime in the near future
  • Whether the property settlement is an addition or a substitute to maintenance

Child Support

The Court takes into account the below mentioned issues while finalizing child support:

  • Inflation
  • The requirements and economical sources of the non-custodial parent
  • The educational requirements of the child
  • The emotional and physical state of the child
  • If the marriage was not dissolved, then the standard of living the child would have enjoyed
  • The economical resources of the custodial parent
  • The economical resources of the child
  • While executing the right of parent-child contact, what are the travel and travel-related expenditures
  • If the parent intends to raise the earning capacity by means of education, then the expenditure essential for this education
  • Other issues that are felt relevant by the Court

Child Visitation

Child visitation is an important part of the parenting plan. The court may issue a visitation schedule that explains everything in detail. These visits are planned according to the weekly visit plan and vacations for festivals. Also, there are rules for an open contact with children by using phone or computer.

The child visitation schedule can be planned by mutual consent of the partners. It is necessary to take the following factors into consideration while designing the plan:

  • The parent who has legal custody
  • The role and responsibilities in the development of a child
  • The requirements of the child
  • The previous methods used for the upbringing of child
  • Comfortable atmosphere for the child
  • Educational and cultural background of the child

Residency Requirements in Vermont

Residency requirements are the important conditions that are need to be fulfilled by an applicant to file a divorce case in the state. The petitioner should be a citizen of Vermont for a period of at least six months. The military members stationed in this state should follow the same rule to complete residency conditions. The divorce case can be filed in the county court where one of the partners or both of them reside.

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