Vermont Residency Requirement:
According to the Vermont Divorce Laws and Vermont Divorce Guidelines, to get divorced in Vermont, either spouse must have been a resident of the state for at least 6 months before the case is filed. In addition, the divorce will not be completed until either spouse has been a resident for 1 year
Vermont Grounds for Divorce:
Grounds for a No-Fault divorce:
(1) Living separate and apart without cohabitation for 6 consecutive months
Grounds for a Fault based divorce:
(2) imprisonment for 3 years or more or for life
(3) willful desertion for 7 years
(4) cruel and inhuman treatment of intolerable severity
(5) incurable mental illness
(6) gross neglect
Vermont Child Custody:
- Visitation is the plan the spouses have on where the children will live and when the children will see the other spouse
- Legal Custody is the decision ability of the parents in the lives of the children. Such as, where the children will attend school and which church they will go to.
- Physical Custody pertains to the place where the children will live and which parent they live with.
Vermont Child Support:
If the parents are unable to agree to an amount of child support, there are guidelines that determine the amount of support based on the Vermont Child Support Guidelines. The guideline amount is presumed to arrive at an amount of support that is in the child’s best interest.
- Debts Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
- Alimony (Spousal Support) In an Uncontested Divorce, Alimony may be awarded to either spouse for their support and maintenance after the divorce. Both parties must agree to it. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. Alimony may be paid in a lump sum payment of money or a payment plan. Alimony is not required for a person to get divorced in Vermont.
If you do not know where your spouse is and cannot locate him/her, after diligent effort, you may still get a divorce in Vermont. It may involve the extra expense of running a newspaper ad or something similar.