>If you are trying to obtain custody of your children (called Parental Rights and Responsibilities in Vermont), there is one major mistake to avoid. Many parents believe that they must prove that the other parent is unfit in order to obtain custody, so they focus on the other parent’s failings. In a divorce or parentage […]
>Will contests are one of the most interesting cases for a lawyer, but one of the most painful for a family. If someone has died leaving a will, the law allows interested parties to contest the will. Interested parties are people who would have inherited if there was no will, such as children and grandchildren, […]
>The answer is no…and yes. In Vermont, one of the grounds for divorce is adultery. In 30 years of practice, I have never seen a judge rule that divorce was granted on the grounds of adultery. This is because in Vermont a divorce can be granted on the grounds that the parties “have lived separate […]
>If a child is abused by his parents, there are two legal avenues to protect the child. One, outlined in Chapter 53 of Title 33 of Vermont Statutes Annotated, provides for the state to take custody and guardianship of the child, and provides a mechanism for reunification or termination of parental rights in an orderly, […]
>Frequently Asked Questions about Fees and Costs in Family Law cases • How much will my case cost? It depends. In family cases, attorneys charge by the hour, or a portion thereof, for their time, and for paralegal time. The total amount of fees charged depends on the number of issues involved, the amount of […]
>The emotional issues associated with divorce often overshadow realistic consideration of the financial implications of the breakup of a marriage. Unfortunately, this reality may put one or both parties at financial risk because markets are always changing and financial records can become stale or lost. It is therefore important to address the financial issues early […]
> Where does my property go if I do not have a will? If you do not have a will, the state will distribute your property by what is called the laws of intestacy. Each state’s intestacy laws are different. For example, In New Hampshire, the first $250,000 of your estate, whether real or personal […]
>Vermont courts are promoting mediation as a solution to the explosion in family court filings. Mediation can be a great solution, but sometimes can be a problem. Here are the pros and cons: Pros: 1. Parties who can work out their differences often find better solutions than a court will, because the court will never […]
>Many people believe that it is easier to live together, and that if you split up, the legal process is simpler. It is not. If you have children together, there is a statutory mechanism to deal with custody and parent child contact issues, and child support. However, before there are any court orders, the mother […]
>I often hear complaints from parents who do not like how their children’s other parent treats the children. Parents think the court will respond to the complaints and fix the problem. The complaints are legitimate, but the courts hear these complaints all the time, and therefore do not consider them important enough for court action–and […]