Getting a divorce is never easy, but it can be even more complicated when children are involved. Vermont divorce laws and parenting plans are designed to help ensure that the best interests of the children are taken into account in the divorce process. In this article, we’ll take a closer look at Vermont divorce laws and parenting plans, and how they can impact your divorce.
Vermont Divorce Laws
Vermont is what is known as a "no-fault" divorce state. This means that a divorce can be granted without one of the parties having to prove that the other did something wrong. Instead, one or both parties can simply state that the marriage is irretrievably broken and cannot be repaired.
In Vermont, there is a waiting period of 6 months from the date of the filing of the divorce before the divorce can be finalized. During this time, the court can issue temporary orders regarding child custody, support, and visitation.
Property Division
Vermont is an equitable distribution state when it comes to property division in a divorce. This means that any property acquired by the couple during the marriage is generally divided fairly, but not necessarily equally. The court will take into account a number of factors, such as the length of the marriage, the earning capacity of each spouse, and the contributions that each spouse made to the marital property.
Spousal Support
In Vermont, spousal support, also known as alimony, is not automatically awarded in a divorce. Rather, the court will consider a number of factors, such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage, before deciding whether spousal support is appropriate.
Parenting Plans
If there are children involved in a divorce, the court will also require the parties to develop a parenting plan. A parenting plan is a written agreement that outlines how the parents will share the responsibility of raising the children after the divorce. The parenting plan must be approved by the court before the divorce can be finalized.
What is Included in a Parenting Plan?
A parenting plan should include information about:
- The physical and legal custody of the children
- The parenting time schedule, including holidays and vacations
- How the parents will make major decisions for the children, such as those related to education and healthcare
- How the parents will communicate with each other about the children
- How disputes between the parents will be resolved
Developing a Parenting Plan
The parties can develop a parenting plan on their own, but it is recommended that they seek the assistance of an experienced family law attorney to ensure that the plan is in compliance with Vermont divorce laws. If the parties are unable to agree on a parenting plan, the court can appoint a mediator to help facilitate negotiations. If mediation does not succeed, the court will make a decision about the parenting plan after holding a hearing.
Modifying a Parenting Plan
Once a parenting plan has been approved by the court, it becomes a court order. However, if circumstances change, such as a parent moving out of state or a major change in the child’s needs, either parent can request a modification of the parenting plan. The court will consider whether the requested modification is in the best interests of the child before making a decision.
Conclusion
Vermont divorce laws and parenting plans are designed to protect the best interests of the children involved in a divorce. If you are considering a divorce and have children, it is important that you understand how these laws and plans impact your situation. An experienced family law attorney can help you navigate the complexities of the divorce process and ensure that your rights and the rights of your children are protected.