Free Vermont Marital Separation Agreement

What options do you have when your marriage is no longer working, and what seemed like forever is now a far-away dream? As a married couple in Vermont, it is important that you understand all the legal options you can use to end or help salvage your marriage.

Legal separation in Vermont

In Vermont, the state law permits married couples to get legal separation as a way bring to end constant disagreements in households. With the legal separation decree, couples live apart and separately especially after signing a Vermont marital separation agreement. The agreement highlights all the rights and responsibilities of the couple to each other, their children (if any), and their finances (assets and debts).

Through legal separations, couples remain legally married although the same laws permit them to live apart and separately, but with no rights to date or remarry.

Divorce in Vermont

Just like legal separation, divorce is under the governance of the state law in Vermont. Divorce cases lead to the dissolution of marriage vows, and after the decree of divorce, the parties are free to remarry.

Grounds for legal separation and divorce

  • Though these cases have different endings, the grounds for their acknowledgment and the decree by the Vermont family law courts are similar. They include:

    • Separation – if you and your spouse have lived apart for at least six months, consecutively, and the court finds that resumption of marital relations is unreasonably probable, then you will get the legal separation or divorce granted. If you have a marital separation agreement in Vermont, then it will make it easier for the court to pass judgment. This will be cheap as well.

    • Intolerable severity – this is when one party persistently engages in misconduct to the extent that the misconduct threatens or causes injury to the health, life or limb of the other party. The court will consider the injury even when it results indirectly from grief, mental distress or worry from the other party’s misconduct.

    • Adultery

    • Incurable insanity

    • Confinement in prison – if either party has been confined in prison for at least three years, and they are still in confinement at the time of filing the divorce or separation, then the court will grant either request.

    • Willful desertion – if either party remains absent and unheard of for several years, or at least seven years, then the court will grant a decree of divorce or legal separation.

    • Persistent neglect or refusal especially if it results without cause yet that party has the monetary and the physical means to support and provide for the other.

While these are the main grounds considered by the court when hearing legal separation or divorce cases, it is important to mention that you have to prove the ground you bring to the court.

If both parties contest a divorce, then there will be a trial where the court will hear testimonies about the allegations presented and proven to the court’s satisfaction. The exact type and amount of evidence are necessary for proving the grounds established by any prior cases.

Alimony

This is also called spousal support. In the state of Vermont, upon dissolution of a civil union, the court may order either spouse to make temporary or even permanent payments for maintenance to the other spouse. This is after the court determines that the spouse requesting spousal support lacks sufficient assets or income to meet his or her reasonable needs.

  • Before granting alimony, the court also considers:

    • The length of the marriage

    • The spousal ability to support him/ herself at the standard of living maintained during the marriage

    • Age and health of both parties

    • Cost and length of time requested

    • Ability of the spouse whom maintenance is requested to meet his or her reasonable needs while paying alimony

Property Distributions

This is the final thing done during the last hearing in divorce proceedings. When both parties agree on the division of real and personal property, the agreement gets incorporated in the property settlement agreement which is then presented to the court for approval.

In general, the division of all property acquired in the course of the marriage happens on an equitable basis. The court can also order the distribution of inheritances, premarital property, and separate property.

From this, it is clear that legal separation and divorce proceedings are lengthy. If you are looking for a simpler option because you and your partner agree on everything, then get this marital separation agreement from us today.

Whether you live in Burlington or any other city of Vermont, you can use our legal forms easily.