Family Law: Divorce & Child Custody Attorney
Mary P. Kehoe
Family Law
At Lisman & Leckerling, we understand that when our clients come to us for divorce or separation, they are often experiencing the most distressing time of their lives. For this reason, the most important thing we can do at the outset is to listen, intently, to the client’s concerns. This helps us understand the core issues you are facing and allows us to build a theory of your case. A case theory is a critical component of any divorce or family law matter because it humanizes you to the court and provides us with the cornerstone for advocating your position.
What are the prerequisites for obtaining a divorce in Vermont?
Vermont is a “no-fault” divorce state. This means that you can obtain a divorce for any reason, so long as you can establish that you and your spouse have been living separate and apart for six consecutive months and there is no reasonable likelihood your marriage will resume. This can be proven by your own testimony in court. You must also live in Vermont for at least six months before filing your divorce and at least one year before obtaining a divorce. Of course, you can still file a divorce on fault grounds, such as adultery, imprisonment, intolerable severity, desertion, neglect or insanity.
Many people wonder what the “separate and apart” standard really means. Many are surprised to learn that it does not mean you and your spouse no longer reside in the same household. The term “separate and apart” means that “the elements of the marriage have been abandoned.” It does not necessarily mean that husband and wife are no longer residing under the same roof. Therefore, you may file for divorce, even if your spouse has not moved out of the house, so long as you are no longer residing as husband and wife.
Does it make sense to file for a legal separation?
Many people wonder whether it makes more sense to obtain a legal separation rather than a divorce. There is little difference between legal separation and divorce, except that you may not remarry if you are legally separated. There may be some tax advantages, or other benefits, to a legal separation that would be lost through divorce. However, legal separation in lieu of divorce is extremely rare.
What are the most common issues in divorce?
In every divorce, the parties must determine, or the court must decide, how to divide the marital estate between husband and wife and whether to award one of the parties support (sometimes called “alimony” or “maintenance”). When the parties have minor children, issues of child custody (known as parental rights and responsibilities), parent child contact and child support must also be addressed.
What is the process for filing and actually obtaining a divorce?
All divorces are filed in the family division of the Vermont Superior Court. The initial process includes filing a complaint and serving the other party with a copy of the complaint. After that, the first step is to establish a status quo that allows the parties to determine initial issues surrounding possession of the marital residence, temporary custody, contact with the children, temporary alimony and child support. This is often done in court at a case manager’s conference by agreement of the parties or by court order, after a hearing, if the parties cannot agree.
Next Steps
After the case manager’s conference or initial hearing, the parties usually engage in a process known as “discovery”. This process allows each party to inquire of the other about their income, assets, and liabilities to determine how to value and divide the marital estate and how much, if any, alimony should be awarded. Once the discovery process is complete, the parties are in a position to either negotiate settlement or prepare for trial.
Experience
At Lisman & Leckerling, we have tried and settled hundreds of family law cases in the last twenty-five years. Mary Kehoe, our lead family law attorney, has represented nationally known figures, public officials, business owners and others who have complex marital estates. With the help of her tax partners at Lisman & Leckerling, Mary is able to understand complex valuation, tax and estate issues so that she can provide clear advice as to how to value a complicated martial estate.
Because of Mary’s many years practicing in all of Vermont’s family courts, she has the breadth of experience necessary to gauge the value of settlement offers and the risks of taking a case to trial. This level of experience allows Mary to give you better advice as to outcome.
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