How to Get Divorced in Vermont
- 1). Meet with an attorney. A majority of attorneys will meet for an initial consultation to explain the process and your options. In Vermont, either party can file for divorce based on adultery, abandonment or willful desertion with no contact for seven years, imprisonment, incurable insanity, intolerable severity, neglect or separation due to irreconcilable differences for a period of no less than six consecutive months.
- 2). Gather your financial documents. Having reliable copies of bank statements, financial account statements, property records, credit card statements, all retirement accounts, and prior tax returns will be important in determining property distribution.
- 3). Keep track of all debts incurred or paid once you separate from your spouse. When you file for divorce in Vermont, you first file for separation. As of December 2010, this period of separation must last at least 180 days before the divorce is final, during which you and your spouse cannot live together. While a higher-earning spouse in Vermont may be obligated to pay spousal support during a separation, it can take a few months before the courts will approve spousal support.
- 4). Determine whether alimony or child support is warranted. If you are the spouse seeking support, initiate court proceedings immediately. You will not receive support until you file. Keep a log of money you give your spouse as alimony or child support, and write checks rather than giving cash. The court will determine any spousal or maintenance payments that a party may have to pay to the other party. The court takes into consideration factors such as standard of living, income, property and custodial agreements of the divorcing couple.
- 5). Negotiate a custody plan if children are involved; you will have to. Most courts offer free assistance.
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