What are the different types of divorce in Vermont?
Vermont reports more than 1,500 divorces are filed in the state each year. Vermont recognizes divorce based on “fault” and “no-fault” grounds:
No-fault divorce: Simplifies the process by allowing spouses to file without blaming the other, needing only to declare irreconcilable differences.
Fault-based divorce: For those preferring to cite specific reasons such as adultery or cruelty, this option requires proving such grounds in court.
The state also has various forms of separation that match the diverse situations of couples seeking to end their marriage. These include:
Legal separation: Separation offers an alternative for couples not ready to divorce. It allows couples to establish financial and parental agreements without ending the marriage.
Annulment: This applies in cases where the marriage is deemed invalid from the start, such as in instances of fraud or bigamy.
How much does a divorce cost in Vermont?
Divorce costs in Vermont can vary widely based on case complexity and how much spouses can agree on.
Here are some of the key expenses you can expect when filing for divorce in Vermont:
Filing fees: $90 for an uncontested divorce and $295 for a contested divorce.
Attorney fees: Fees can vary widely between contested and uncontested divorces, with attorneys charging $200 to $500 per hour. The average hourly rate for a family lawyer in Vermont is typically around $285. All in, the average cost of legal fees for a divorce in Vermont is around $9,000, but it can be much more, depending on the complexity.
Mediation costs: Opting for mediation costs around $200 per hour, or a total cost around $3,000, which covers the cost of both parties in the divorce.
Additional costs: Expect other expenses for document servicing and financial consultations.
While some costs are fixed, such as filing fees, attorney and mediation expenses depend on the complexity of the divorce and how long resolution takes.
Exploring mediation or negotiation can help control costs, and Vermont provides legal aid for those eligible, easing the financial strain of the process.
How do you file for divorce in Vermont?
Filing for divorce in Vermont involves a few key steps, along with understanding associated costs and timelines:
Check eligibility: One spouse must have lived in Vermont for at least six months before filing, however, they won’t be granted the divorce until they’ve lived in Vermont for a full year.
Gather documents: Required forms, including the divorce complaint and financial affidavits, are available on the Vermont Judiciary website or at local courthouses.
Submit the complaint: File your paperwork with the county court and pay the filing fee, which is either $90 for an uncontested divorce or $295 for a contested divorce. If you can't afford this fee, you might qualify for a waiver.
Serve your spouse: Officially notify your spouse by serving them the divorce papers, ensuring they're aware of the proceedings.
Await response: Your spouse has 21 days to respond if they're in Vermont or 30 days if elsewhere. Their response influences whether the divorce is contested or uncontested.
Finalization: To finalize the divorce, you and your spouse must be separated for at least six months. Also, divorcing parties with children need to take a six-month co-parenting class. Once the judge has signed off on your divorce, there’s yet another 90-day waiting period before your divorce is final.
How do you split assets in a divorce in Vermont?
In Vermont, all the assets acquired during the marriage will be split at the time of the divorce. The court’s aim is to be fair rather than perfectly equal.
This process involves two critical steps:
Identify and evaluate assets: The spouses will distinguish between marital and personal property and then assess the value of all marital assets and debts, including real estate, vehicles, bank and retirement accounts, investments, personal property, and debt.
Divide the assets: Vermont is an "equitable property" state, where the rule of thumb is that assets and debts acquired during the marriage should be divided fairly, often aiming for a division in half.
The more spouses can come to agree on what each gets, the more money they save on legal fees. If spouses can't agree on how to divide their assets through negotiation or mediation, the court will make a decision. The court will endeavor to ensure both parties maintain a stable financial status post-divorce, factoring in the total contributions made by each spouse during the marriage.
How does alimony work in Vermont?
In Vermont, alimony or spousal support is awarded to help reduce the hardship a divorce may cause one spouse. The amount is based on what is reasonable and fair. It must be filed in the original paperwork.
When considering whether to award alimony and how much to pay, the court considers the following factors:
Standard of living during the marriage
Financial resources of both parties
Earning capacity of the receiving spouse
Health and age of each spouse
Whether child support includes support for the receiving spouse
Education and employment history of the receiving spouse
Situations where one spouse has been out of the job market and has fewer financial resources to support themselves after divorce are common. Alimony may be adjusted with significant changes in circumstances, ensuring fairness over time.
What happens to children during a divorce in Vermont?
The well-being of children involved is a priority during a divorce in Vermont. Decisions made in their best interest regarding custody, support, and visitation are referred to as "parent-child contact" in Vermont law.
Child custody: Custody may be joint or sole, emphasizing the child's stability and well-being. When deciding on custody arrangements, courts consider factors like the child's relationship with each parent, each parent's ability to provide, and the child’s adjustment to his or her environment.
Child support: When determining child support, Vermont uses guidelines that factor in both parents' incomes, the amount of time spent overnight at each house, who pays for the child’s health insurance, the cost of child care, and other factors. The court will aim to preserve a stable living standard for the child similar to pre-divorce circumstances.
Both custody and support orders can be modified with significant life changes. Vermont enforces these orders to safeguard children's interests consistently.
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