Breaking Down Divorce in Vermont: Laws and Steps

Discussing divorce can feel overwhelming, but having the right information can make it more manageable. This page is here to help you understand divorce in Vermont. We’re aiming to make the information easy to grasp. Plus, you’ll find more detailed resources and useful links on this page too.

Divorce Laws in Vermont

In Vermont, you can file for a no-fault divorce, which means no one gets the blame for the marriage ending. You can also file for divorce based on fault reasons like adultery or cruelty. To file in Vermont, one spouse needs to have lived in the state for at least six months.

Process of Filing for Divorce

To start a divorce in Vermont, first decide if it’s no-fault or fault-based. You file in the county where you or your spouse lives. There are specific forms you need to fill out, available online or at the courthouse. After completing them, you need to legally “serve” these forms to your spouse.

Get an in-depth overview of this process in How to File for Divorce in Vermont

Child Custody and Support

In Vermont, the child’s best interests are the main focus in custody decisions. Custody can be either joint or with one parent, depending on the child’s needs. Child support calculations consider both parents’ incomes and other factors. Vermont has its own guidelines for determining custody and support, which may vary from other states.

Alimony/Spousal Support

In Vermont, alimony is determined based on various factors. The court examines the marriage length, each person’s income, and whether one spouse needs financial support. Every case is unique, so alimony decisions can vary.

Property Division

During a divorce in Vermont, property is divided through “equitable distribution.” This means the court divides property fairly, taking into account different aspects of the marriage and financial situation. It’s not necessarily a 50-50 split, but what’s considered fair.

Vermont Divorce Resources

Interested in learning more about divorce in Vermont? Check out the links we’ve provided for you. They lead to official court sites, government resources, and places where you can find legal help.

Article: How Much Does Divorce Cost in Vermont

Vermont Divorce Forms:

• Complaint for Divorce/Legal Separation/Dissolution without Children (Family-01): https://www.vermontjudiciary.org/court-forms
• Notice of Appearance (Family-05): https://www.vermontjudiciary.org/court-forms
• Financial Affidavit Part A (Form 813A): https://vtlawhelp.org/cfp/fill-out-form-813a-financial-affidavit-income-and-expenses
• Financial Affidavit Part B (Form 813B): https://www.vermontjudiciary.org/sites/default/files/documents/400-00813B.pdf
• Record of Divorce or Annulment (VITAL-040A) or Record of Civil Union Dissolution (VITAL-040B): https://www.burlingtonvt.gov/ct/marriage-licenses
• Motions: https://vtlawhelp.org/cfp/family-court-forms

Divorce with Minor Children:

• Affidavit of Care and Custody (OCAJ-1): https://www.vermontjudiciary.org/family/parental-rights-and-responsibilities-and-parent-child-contact
• Parenting Plan: https://www.vermontjudiciary.org/family/parental-rights-and-responsibilities-and-parent-child-contact
• Child Support Worksheet: http://dcf.vermont.gov/ocs/parents/calculator

Additional Resources:

• Vermont Judiciary Family Court Forms: https://www.vermontjudiciary.org/court-forms
• VTLawHelp Divorce Roadmap: https://www.vermontjudiciary.org/family/divorce/divorce-process
• Vermont Department of Health Marriage License Information: https://www.burlingtonvt.gov/ct/marriage-licenses
• Vermont Legal Aid – https://www.vtlegalaid.org/

Disclaimer

Please remember, this information is for guidance and not legal advice. For specific advice, consulting a lawyer is always the best route.