Divorce Takes Time | BarrSternberg

Southern Vermont Justice

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Divorce Takes Time

Divorce process may take A LOT of your time and effort. Below are 5 legal criteria that may significantly postpone your divorce in Vermont.

Elderly hands wearing wedding ring

  1. RESIDENCY: To file for divorce, you or your spouse must have resided in Vermont for at least 6 months. One of you must have lived continuously in the state for at least a year before the final divorce hearing can be held.
  2. SEPARATION: You can file for divorce before, during, or after your separation from a spouse. BUT, your divorce hearing can happen only 6 months AFTER you’ve been separated.
    Note that living separate means not living as a couple. You and your spouse can still live in the same home, but you need to sleep in separate rooms and keep your households apart.
  3. GROUNDS FOR DIVORCE: In Vermont, most apply for a “no fault divorce”, which means there’s no determination which spouse was wrong or guilty of marital misconduct. In order to be qualified for a “no fault divorce”, you and your spouse must live separately for at least 6 months.
  4. MINOR CHILDREN: If you have minor children, the court may not allow your final divorce hearing until 6 months AFTER the divorce process starts. If you and your spouse had a stable parenting agreement for at least 6 months, you may qualify for a faster divorce completion.
  5. WAITING PERIOD: Even after you attended your final hearing, you and your spouse are still not divorced. Vermont establishes 3-month waiting period after the final hearing before the divorce is settled. The court may shorten or cancel the waiting period if you and your spouse both agree.
  6. Do you have more questions? Contact us.

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