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For instance, property, which you or your spouse inherits, is considered marital property, and property given to you or your spouse by a family member is also considered marital property. The court can also divide property which either spouse owned before the marriage.
In Vermont, the courts will divide all marital property at the time of your divorce. Virtually all property you own is marital property.
The judge can grant you a divorce in Vermont if either you or your spouse has lived in Vermont for at least six months. However, if you want to file for divorce for any reason, you or your spouse must have lived in Vermont for one year before the final hearing for the judge to issue a final divorce decree.
Whether you are the plaintiff or the defendant does not affect the outcome of your case. The main form you file to start a divorce case is called a complaint. The complaint is not the only form you have to fill out.
Property division means that the court will divide your assets and liabilities between the two of you in your divorce. How will they be divided? Vermont is an ?equitable property? state. This means that the rule of thumb is that everything you own, and everything you owe, should be divided in half.
The final stipulation shows your mutual agreement to divorce, and your agreement on all financial and property issues. That includes the division of your property, allocation of your debts, and whether either of you will pay the other any ongoing spousal support. Both of you must sign the stipulation.
Even so, some spouses seek a fault-based divorce in hopes of gaining an advantage when it comes to custody or support decisions. Under Vermont divorce laws, a fault-based divorce will be granted for the following reasons: adultery.
Vermont is an equitable distribution state, meaning that courts will fairly and equitably divide the marital property between you and your ex. It is important to understand that ?fairly and equitably? does not necessarily mean that everything will be divided equally.