At Montroll, Oettinger & Barquist P.C., we understand the complexity of family law. Our  attorneys are fluent in Vermont’s laws and policies regarding family matters, including divorce, spousal support, child support and custody.

Divorce

Going through a divorce can be one of the most difficult experiences a client can face. While many choose to represent themselves in a divorce, the guidance of an attorney is helpful when there are children or complex property matters involved, or if you choose to file for a divorce based on fault of your spouse. Mark Oettinger understands the intricacies of divorce proceedings in Vermont and is available to guide you, in trial or mediation, through what is often a challenging time.

Child Support and Custody

Reaching an arrangement that provides the best possible support to your child is absolutely crucial to your child’s wellbeing. Legal custody, physical custody, and child support must be determined, and Montroll, Oettinger & Barquist P.C., will work with you to advocate for your child.

Kristen understands that divorce, parentage disputes, and custody battles are incredibly stressful, and emotional processes for her clients. She believes that her clients are experts on what is best for their family, and will work towards resolutions out of court whenever possible; she also understands that sometimes resolution outside of the court process is not possible, and in those cases, she guide her clients through the litigation process, and ensure that they understand what is going on with every step.

Most, but not all, of family law is related to divorce. When parents have children under the age of 18, a divorce proceeding can have as many as five distinct elements:

• Legal parental rights and responsibilities, sometimes called “legal custody;”

• Physical parental rights and responsibilities, sometimes called “custody and visitation;”

• Child support;

• Spousal maintenance, often referred to as “alimony;"

• Division of property.

Parental rights and responsibilities (PR&R) govern which parent has decision-making authority over the child’s health care, education, religion and extraordinary travel. Physical PR&R establishes the times during which the child is with each parent. Child support is set through a fairly complex formula which is based mostly on the parents’ incomes, and the amount of time the children spend with each parent. Spousal maintenance is generally intended to equalize the parties’ standard of living for a period of time after the divorce. It is more of a factor in longer marriages, especially when one spouse has a much greater income that the other. Property division depends on a variety of factors, including the length of the marriage, how and when the property was acquired by the parties, and in rare cases, the relative “fault” of the parties.

The grounds for "fault" in a divorce include the following:

• Adultery;

• Incarceration for more than three years;

• Intolerable severity;

• Deserting the other person for at least seven years;

• Refusal by either side to provide financial resources despite a proven ability to do so;

• Incurable insanity.

One way for parties to limit the cost of the divorce process is to gather all the information about their income and expenses, and their assets and liabilities, prior to consulting a lawyer. This process has other benefits as well. This task is not a simple one, and we encourage you to use the forms provided by the courts for this purpose. The forms will have to be filled out shortly after the filing of the divorce in any event, and engaging in the process prior to filing can sometimes allow the parties to approach the process in an uncontested manner. This, in turn, is better and cheaper for all concerned.

The process of going through a divorce is often one of the most difficult life transitions that one can experience, and for this reason, as is the case in all aspects of our practice, we encourage the use of alternative dispute resolution (usually mediation) whenever appropriate.