Rutland County, VT Family Law Lawyers
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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64 North Main St, Rutland, VT 05702
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73 Center St, Rutland, VT 05701
Profile LAWPOINTS™32/100
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LEGAL TERMS
MARITAL SETTLEMENT AGREEMENT
See divorce agreement.
PETITIONER
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly div... (more...)
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly divorce and other family law cases.
UNCONTESTED DIVORCE
A divorce automatically granted by a court when the spouse who is served with a summons and complaint for divorce fails to file a formal response with the court... (more...)
A divorce automatically granted by a court when the spouse who is served with a summons and complaint for divorce fails to file a formal response with the court. Many divorces proceed this way when the spouses have worked everything out and there's no reason for both to go to court -- and pay the court costs.
MINOR
In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in ... (more...)
In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in the military, married or living independently with court permission. Property left to a minor must be handled by an adult until the minor becomes an adult under the laws of the state where he or she lives.
SPLIT CUSTODY
A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. ... (more...)
A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. This arrangement is generally disfavored by judges because they are reluctant to split up siblings.
QUALIFIED MEDICAL CHILD SUPPORT ORDER (QMSCO)
A court order that provides health benefit coverage for the child of the noncustodial parent under that parent's group health plan.
FAMILY AND MEDICAL LEAVE ACT (FMLA)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family hea... (more...)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family health needs or personal illness. The employer must allow the employee to return to the same position or a position similar to that held before taking the leave. There are exceptions to the FMLA: the most notable is that only employers with 50 or more employees are covered--about half the workforce.
CONFINEMENT IN PRISON
In most states with fault divorce, grounds for a spouse not in prison to obtain a fault divorce if the other spouse has been imprisoned for a certain number of ... (more...)
In most states with fault divorce, grounds for a spouse not in prison to obtain a fault divorce if the other spouse has been imprisoned for a certain number of years.
IRRECONCILABLE DIFFERENCES
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable... (more...)
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.
SAMPLE LEGAL CASES
Thompson v. Pafundi
... erroneously suggests. The term "supervised visit" in Vermont family law has a specific
connotation, suggesting that there was some reason for which a parent could not
appropriately be left alone with a child. This was not the case. ...
Iannarone v. Limoggio
... 104, 857 A.2d 324; Kellner v. Kellner, 2004 VT 1, ¶¶ 6-13, 176 Vt. 571, 844 A.2d 743
(mem.). Indeed, we have noted "`[t]here is no area of the law requiring more finality
and stability than family law.'" St. Hilaire v. DeBlois, 168 Vt. ...
Wilson v. Wilson
... the court abused its discretion in dismissing the motion as a matter of law and not considering
the merits of his request for relief from judgment under Rule of Civil Procedure 60(b). See VRFP
4(a)(1) (making Vermont Rules of Civil Procedure applicable to family division unless ...
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