A couple of months ago I wrote about the new Vermont statute that provided an easier way to subpoena records from out of state entities. We had a chance to use the new statute, and here is our experience, with some practical tips which may help to make the process more effective for other attorneys. We […]
Obtaining an appropriate award of spousal maintenance (alimony) or child support depends in large part on obtaining accurate information about your spouse’s income. Many people believe that their spouses are hiding income. There are ways to determine income, or to make an educated guess about income that the court will consider in determining alimony or […]
A man filed for divorce a year after he separated from his wife. He was represented by an attorney at various times during the divorce, but at the final hearing, held two years after he filed, he was unrepresented. The parties had been notified of the final hearing many weeks earlier. The wife, who had an attorney, had […]
Author’s note: Litigation sometimes results in difficult relationships between attorneys. This article is a reminder to myself as much as it is a message to other attorneys and litigants. Clients involved in litigation want to be sure that their attorneys are representing their best interests and have no conflicting loyalties. Thus clients are understandably uneasy […]
In Vermont, parental rights and responsibilities are divided into two separate categories: physical parental rights and responsibilities, and legal parental rights and responsibilities. 15 V.S.A. Section 664 defines legal parental rights and responsibilities as follows: ” ‘Legal responsibility’ means the rights and responsibilities to determine and control various matters affecting a child’s welfare and upbringing, other […]
I have written before of the frustration I feel for my clients who do not understand why Family Court judges in Vermont seem to be reluctant to enforce family court orders. Recently in three separate cases clients rightly expressed their dismay at not receiving prompt and decisive responses from the court when the opposing party […]
I confess that I have had frustrations over the years with the Vermont courts’ reluctance to enforce court orders in family court. In New Hampshire, where I practice family law occasionally, the attitude of the courts is quite different: just an allegation of violation of a court order will often result in an ex parte […]