Divorce Guide

Divorce Guide


Vermont No Fault Divorce


According to Vermont no fault divorce laws, one can file divorce on the basis of grounds of “separation” for a minimum period of six months and claiming that there is no scope of reconciliation. The other grounds of divorce are the fault grounds where divorce can be obtained on the basis of a “wrong doing”, unlike the “no-fault” grounds, where the “wrongdoing” of the spouses need not be established. The fault grounds for divorce are: adultery, impotency, willful desertion, gross neglect of duties etc.

Residential requirements in Vermont no fault divorce

In order to file divorce from the state of Vermont, it is mandatory that at least one spouse must be the resident of the state for the last one year prior to the final date of divorce hearing at the court. Temporary absence from the state, owing to ill health or vacation etc does not affect the residential requirements for filing the divorce unless that spouse does not have a permanent resident in the state.

Alimony in Vermont no fault divorce

The matter of spousal support and alimony are generally settled outside the court by both the spouses in most of VT no fault divorce cases. Generally alimony is awarded to the financially weaker spouse by the other. It can be rehabilitative or permanent. In most of the cases, alimony would be terminated if the spouse remarries. When the courts intervene, they look at the employability of the financially weaker spouse, age and his/her health etc. In many cases, alimony would be provided as a lump sum so that a spouse develops the skills of getting employment outside.

Property distribution in Vermont no fault divorce

Vermont is an “equitable distribution” state where the property acquired by the spouses during the course of the marriage is justifiably and equitably divided among the spouses. In most of the cases, the separate or individual property of a spouse is not affected during property division. However, in some cases where a particular financial condition of a spouse is such that the separate property of the other spouse needs to be divided after divorce, the courts would do it. In most of VT no fault divorce cases, spouses try to settle the matter of property division among themselves. This would save a lot of money and also ensure that the process of divorce is quick and less antagonizing. It is only when the differences between the spouses are not reconciled that the property would be divided by the court.

Child custody in VT no-fault divorce

According to Vermont no fault divorce laws, child custody matter would be dealt by the court only if the parents are unable to arrive at a consensus regarding child custody. Usually parents try to settle the matter “outside the court” so that the child does not get involved in the custody battle. They may participate in custody mediation as suggested by the court. During mediation, parents would be drafting visitation schedule and sound parenting plan for their child. In case, they are unable to reach at a consensus, then the courts would intervene. Courts try to settle the matter of child custody based on the “best interests of the child” and ensure that the safety and welfare of the child is taken care of.

The decision to have what grounds for divorce lies with the spouse filing the divorce in many cases; spouses file for no-fault divorce even if there is substantial “wrongdoing” on part of the other spouse. This is to make the process less antagonizing, economical and also to avoid children be the witness of the divorce battle. You may file on the basis of “fault” grounds, if you are likely to have an edge on the spouse on matters of custody or property division or alimony owing to the wrong doing of that parent.


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