Vermont Ground Rules

What are the grounds for divorce in Vermont?

A divorce may be granted in Vermont divorce law for any of the following grounds:

(1) For adultery in either party;

(2) When either party is sentenced to confinement at hard labor in the state prison in this state for life, or for three years or more, and is actually confined at the time of the bringing of the libel; or when either party being without the state, receives a sentence for an equally long term of imprisonment by a competent court having jurisdiction as the result of a trial in any one of the other states of the United States, or in a federal court, or in any one of the territories, possessions or other courts subject to the jurisdiction of the United States, or in a foreign country granting a trial by jury, and is actually confined at the time of the bringing of the libel, as determined as per Vermont divorce law;

(3) For intolerable severity in either party;

(4) For willful desertion or when either party has been absent for seven years and not heard of during that time;

(5) On the complaint of either party when one spouse has sufficient pecuniary or physical ability to provide suitable maintenance for the other and, without cause, persistently refuses or neglects so to do;

(6) On the ground of incurable insanity of either party;

(7) When a married person has lived apart from his or her spouse for six consecutive months and Vermont divorce law finds that the resumption of marital relations is not reasonably probable.

Annulment

In Vermont divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to a divorce attorney. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.

In Vermont divorce law, the marriage contract may be annulled when, at the time of marriage, either party had not attained the age of sixteen years or was an idiot or lunatic or physically incapable of entering into the marriage state or when the consent of either party was obtained by force or fraud. Again, speak to a divorce lawyer before considering this route.

Documentation

You’ll need to provide your divorce lawyer with the following documentation, in order to proceed with your dissolution under Vermont divorce law. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Personal Data

• Full addresses and phone numbers of both parties.
• Full names, birth dates, and addresses of all children of the marriage, their school and grade.
• Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
• A copy of any domestic contracts (e.g. a prenuptial agreement).
• Information about any previous legal proceedings between the spouses or involving any of the children.
• Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.

Financial Data

• Your previous year’s income tax return, and any related data from the IRS.
• Information about your current income, e.g. a current pay slip.
• A list of substantial assets and liabilities of both spouses.