VERMONT DIVORCE LAWS:
The Residency Requirement: Either spouse must have resided in Vermont for six months prior to filing for divorce, and for one year before the divorce will be made final.
No Fault: Living separate and apart for a period of at least 6 months with no chance of the marriage being saved.
Fault: Adultery; Imprisonment for a period of three or more years; Intolerable severity in either party; Willful desertion or when either party has been absent and not heard from for seven years; When a spouse has the ability to provide suitable maintenance for the other and, without cause, persistently refuses, or neglects, to do so; Incurable insanity.
Property Division: Vermont is an equitable-distribution “hotchpot” state. This means the court can divide any and all property owned by the parties, however and whenever acquired, in an “equitable” manner, i.e., fairly as the circumstances dictate. The state considers 14 factors including whether the property settlement is in lieu of, or in addition to, any maintenance, the party through whom the property was acquired, and the respective merits of each party (click the following for an expert's expert's overview and key tips on dividing up property through divorce).
Alimony: The court may award alimony to either spouse, without regard to fault. Vermont considers both rehabilitative maintenance and permanent maintenance.
Child custody and child support: As in every state, custody is based on “the best interests of the child.” Custody is decided without a preference for one parent over the other because of the sex of the parent, the sex of the child, or the financial resources of the parent. If parents agree on shared custody, there is a presumption that that is in the best interests of the child. The court may refuse to enforce the agreement if it is not in the best interests of the child or if the agreement was reached involuntarily (click the following for an expert's overview and a dlist of articles on child custody and child support).
Vermont child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes. There are many factors that go into the formula, and in Vermont’s case, an extra step. Vermont considers what it calls “available income,” which starts with gross income, but gets around the disparity of different tax brackets. The “net” used in for the calculations in the obligation tables.
Vermont has put all of its child-support information, including the child support calculations.
This will help you figure child support in your case.
Support ends when a child reaches 18, or completes high school.
The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.