Added: 04/29/2007 |
The Basics Of A Vermont DivorceGoing through a divorce is a trying time for both the husband and the wife, and can be even more trying for a child of that couple. In order to successfully file for a Vermont divorce, certain rules and regulations must be met before the filing. Vermont divorce law states that there are two main types of divorces, fault and no-fault. Depending on the circumstances, the state of Vermont will decide which category a certain divorce will fall into.
A main requirement for a Vermont divorce is that one or both parties have lived within the state of Vermont for at least six months. The residency requirement is not unique to the state of Vermont. In almost every state, proof of residency is required in order for a couple to file for divorce in that state. Some states have variations of this requirement, such as one or both parties must live within the state in question, the marriage must have taken place in the state, and so on. It is up to the couple to check with their divorce attorneys or with the state divorce laws.
There are two main types of divorce within the state of Vermont; no-fault and fault. A fault Vermont divorce is defined by six main characteristics. These six characteristics include adultery committed by either spouse, imprisonment for three years or more (including life sentences), intolerable severity including mental and physical abuse, willful desertion of seven years or more, when either party neglects or refuses to care for the other spouse when they are physically and mentally able to do so, and finally, incurable insanity.
There are grounds for a no-fault Vermont divorce. Typically, a no-fault divorce will be granted as long as both parties are living apart and separately without any type of cohabitation for at least six months. Additionally so, reconciliation must not be probable. One of the main causes checked on a no-fault divorce filing in the state of Vermont is that of “irreconcilable differences”. In most cases, a no-fault divorce is not contested and is one of the easiest divorces to obtain.
If children are involved in a marital dissolution, Vermont divorce law will always consider what is best for the child over the parents. Putting children through a divorce at any time in their lives is particularly damaging, especially when the parents are not agreeable to each other. Usually, early on in a divorce filing, a judge or the court will review the case, to rule in the best interest of the child or children of the couple. If the divorce turns bitter, a judge may or may not grant custody to both parents but may choose one parent and allow the other only visitation rights.
To get through a divorce as quickly and peacefully as possible, it is wise to always check the state laws as to what requirements need to be met. Vermont divorce law is comparable to the other forty-nine states, but does have its specific regulations that will be explained to any divorcing couple by the divorce attorney or by engaging in research of the state’s divorce laws.
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