Family Lawyers Vermont
Divorce and separation are the focus of our expertise. Book your free initial consultation with our expert family lawyers today and know where you stand. Our services cover:
- Divorce Applications & Separation Declarations
- Binding Financial Agreements
- Child Support & Custody Arrangements
- De Facto & Same Sex Relationships
Expert Support & Advice
Since 1922, Pearsons have been listening, advising and guiding people through the difficult maze of divorce and separation. We understand what you’re going through and our team is standing by ready to help.
Get A Fair Outcome
We’ll work towards getting you a fair and equitable outcome whilst minimising your stress, cost and time.
Know Where You Stand
Book your free appointment today and get all your questions answered, discuss your options, understand your entitlements & know what your divorce will cost.
Get Your First Appointment Free
Divorce Lawyers Vermont
Why Work With Pearsons Family Lawyers?
Awards & Memberships
Know Where You Stand
Family Law Solicitors Vermont
Being specialist Family Lawyers, divorce proceedings and related issues are a major focus of our expertise.
Our services cover:
- Divorce applications.
- Separation declarations, including separation under the same roof.
- Declarations of existence of a de facto.
- Marital and same sex relationships.
Given the complexity of today’s relationships this goes beyond paperwork to people work.
If you are the Applicant seeking the protection of an IVO for yourself and/or your children, we can advise you of options and arrange representation at all hearings.
If you are the Respondent, we can defend you and endeavour to resolve your dispute as quickly and cost effectively as possible.
We can appear on your behalf or arrange representation for you at the Mention, Directions Hearing and Contested Hearing if necessary.
“The thing about having over 35 years of experience in Family Law is that you do not panic. In a crisis you stay calm and remain courageous so that you do not lose focus on what is important, namely the clients’ needs.” – Leanne Abela (Principal Director)
Pearsons Family Lawyers
Applying for a Divorce
There are two ways to apply for a divorce. The first is to go to a lawyer, and the second is a do-it-yourself divorce kit. The basic ground for divorce it that you have to be separated for 12 months.
There are sometimes situation whereby the husband or the wife is unable to leave the matrimonial home and therefore this is classified as ‘separation under the same roof’.
To prove this you need to get a family or a friend that can corroborate that there has been separation under the same roof. This needs to be for a period of 12 months.
Once you have established that major ground of the 12 months, then you can go to your lawyer and ask them to make the application
You must make sure you take your marriage certificate with you because it needs to be shown to the court that there has actually been a valid marriage.
Know Where You Stand
Client Reviews & Testimonials
Pearsons Family Lawyers
Latest Articles on Divorce & Separation
What is the divorce law in Australia? How are assets split? (2023)
It is a common misconception amongst Australians that a system of “divorce law” exists. Indeed, there are laws on divorce, but these are a small assembly of laws amongst other laws as to the range...
Pet Ownership after Separation
The breakdown of a marriage or de facto relationship is a challenging time, filled with difficult decisions and emotional turmoil. Among the many issues that need to be addressed during a separation...
A parent’s guide to child support payments while going through a separation
In Australia, parents have an obligation to financially support their child. This obligation is not changed by: 1. A separation and/or a divorce. 2. Where the child lives or the amount of time they...
Know Where You Stand
Frequently Asked Questions
Hidden FIeld
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.
What is the divorce process?
One of the first things that you can attend to, which will cost you nothing, and will be very effective, is to change your e-mail password. Most relationships result in parties knowing one another’s password and so the first thing that can go wrong is that potential eavesdropping on each others’ conversations.
Secondly, the next thing you could attend to will involve a visit to the bank. That is, freezing your mortgage balances, freezing draw-down facilities, and freezing some credit cards.
Most people these days operate with a mortgage balance or a mortgage limit, and then have their draw-down facility. One thing you could effectively do is to contact the bank, explain that you’ve separated, and that you’d like to avoid either party drawing-down against the mortgage or overdraft.
Next, a lot of people come and approach us about changing the locks just to ensure you have privacy and that you’re not worried about them returning when you have taken occupation of the property. These are just a few beginner steps to consider before you apply for a divorce.
To arrange your free initial consultation with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
How to file for divorce in Vermont?
Filing for a divorce of itself is usually very straightforward, uncomplicated and relatively inexpensive.
Like marriage a divorce is a legal status. Once a Divorce Order is made your status alters to no longer being married and further you are at liberty to remarry.
In addition to effecting your legal status, a divorce also commences the time running on 12 months from the time that the Divorce Order is made for you to make an application for property settlement or spousal maintenance. Once the 12 months from the date of the Divorce Order expires the parties to the Divorce Order are prohibited from commencing such proceedings without first obtaining permission from the Court. Obtaining permission from the Court will add additional costs as more documents and Court events are necessary and there is always the risk that the Court may refuse to grant such permission as the Court has a broad discretion when considering such matters.
If you are considering a divorce or have recently been divorced, we strongly suggest that you obtain advice about financial matters and whether there is a need to commence proceedings.
To obtain a divorce an Application for Divorce needs to be prepared which is reasonably straightforward. The Application is then filed with the Court upon the payment of a filing fee. Once it has been filed it then needs to be served (delivered) to the other party.
Subject to the Court being satisfied that the parties have been separated for 12 months, that the other party has been properly served with the Application for Divorce and matters concerning children have been appropriately dealt with, a Divorce Order will be granted. One month after the Divorce Order is made it becomes effective and a sealed Divorce Order is issued to each party who is now divorced.
At Pearsons Lawyers we can prepare your divorce documents, arrange for service and appear for you at the hearing to obtain your divorce and advise you about other matters relating to your circumstances including parenting and property.
To arrange your free initial consultation with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
When can you apply for a divorce?
There is only one ground for a divorce and that is a complete breakdown of the marriage which is proven by 12 months of separation.
Separation can be proven easily if parties physically separate and live separately and apart in different houses. Often parties separate under the same roof and commence living separate lives. In the case of separation under the same roof the Court requires additional evidence from an independent person (friend or family member) to confirm the separation took place.
If the date of filing for the divorce is less than 2 years after the marriage the parties will need to attend marriage guidance counselling and obtain a certificate from a qualified counsellor to demonstrate that the marriage has broken down completely.
To arrange your free initial consultation with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
How much is a divorce going to cost?
Obtaining a divorce is usually straightforward and inexpensive costing approximately $1,000 plus government filing fee depending on a variety of matters.
Obtaining formal parenting orders about children, documenting and formalising a property settlement and entering into private arrangements for the financial support of children by way of a Binding Child Support Agreement or a Consent Order can all be achieved relatively quickly and inexpensively.
Each case differs and the costs incurred in each case will also differ depending upon the individual complexities and difficulties.
If agreement is reached quickly and the matter is straightforward and simple, parenting or property matters could be documented and formalised for under $6,000.
Usually matters require greater legal attention and advice including the exchange of relevant financial documents, some negotiations and the “toing and froing” with draft documents until they are completed to the satisfaction of all parties. This may add some additional expense.
Generally speaking, lawyers charge either by way of time in blocks of six minute “units” or in certain matters a fixed fee can be negotiated and agreed upon. In essence, the more legal input is required the more time is involved the greater the expense.
There may be additional costs if valuations have to be obtained or separate accounting advice sought in relation to matters such as capital gains tax or other possible tax consequences of a property settlement.
At Pearsons Lawyers we discuss costs during the initial free consultation and then render regular accounts so that the client is kept fully informed at all times and that there are no nasty surprises.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
To arrange your free initial consultation with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
Divorce & Financial Support: Assets & Liabilities
What do these assets include? The matrimonial home, or the relationship home that the two of you lived in, regardless of whose name it’s in.
You look at its current value and that is what it’s worth now. It’s a good idea to contact a few real estate agents to get some free appraisals to better determine the property’s current value.
Other assets include vehicles, either in your own names or in the company name, regardless of who’s driving them. Most people determine the value of their vehicles in two ways: you can either go to a car trader and ask for its trading value or sale value or most people just do a Glass Guide or Redbook valuation.
You also look at bank accounts, that is, joint accounts, individual accounts and also accounts in the children’s’ names. Now, for some reason, people think that the accounts in the childrens’ names shouldn’t be included because they belong to the children, but, in fact, the children have not worked to save those funds and so those funds have to be included into the asset pool.
Other assets include collections: stamp collections; art collections; memorabilia, which is quite popular these days. They all have a value and though you may not know the value, you need to include them in the asset pool and they can be valued by a reliable source, later.
To arrange your free initial consultation with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
Hidden FIeld
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.
Divorce & children - how does decision making work?
The obvious question in divorce and children’s manners is what arrangements do we come to in respect to our children? In terms of the decision making powers, there is a presumption that decision making will be shared.
This is often called shared parental responsibility, and means that both parents generally share decision making in respect to a child.
However, where this is not practical, or there are issues of risk, this may not be possible, and therefore the court will make or, an agreement can actually assign, sole parental responsibility to one party.
In other situations there may be grandparents, or the parties, concerned with the care, welfare and development of a child who require that decision making power.
And in those situations, orders or written agreements can also be made providing sole parental responsibility for those parties or other parties to share in that responsibility.
In terms of who a child lives with and spends time with – they’re the new terms that we are now applying (as opposed to custody of a child).
Who a child will live with or spend time with will depend on the interests of the child and the composition of your family. In looking at what’s in the best interest of the child the court will consider and balance the need for a child to have a meaningful relationship with both parents.
Also, against the need of any risk factors or violence issues, that may be occurring within the home.
How do I deal with intervention orders?
Dealing with Intervention Orders and Restraining Orders demands a high degree of understanding and requires an appreciation for the broader impact such orders have in the Family Law jurisdiction, particularly parenting matters. We will advise you to ensure the best possible outcome. We provide:
- Advice and representation to obtain or defend an intervention order and restraining order including children on an interim or final basis.
- Applications for variations of intervention orders.
- Restraining orders to protect personal and real property.
To arrange your free initial consultation with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
What’s the difference between an IVO, AVO and Restraining Order?
Family violence orders are called different things in different states such as:
- Protection Orders (QLD)
- Apprehended Domestic Violence Order (NSW)
- Intervention Orders (VIC & SA)
- Violence Restraining Orders (WA)
- Family Violence Order (TAS)
- Domestic Violence Order (ACT & NT).
In Victoria, we have Family Intervention Orders (FVIO) or Personal Safety Intervention Orders (PSIO), which are collectively referred to as Intervention Orders (IVOs).
The names and terms vary from jurisdiction to jurisdiction – in America, these types of orders are often called Restraining Orders.
Domestic / Family Violence
As a firm specialising in all aspects of Family Law, Pearsons Lawyers have a team of lawyers with the necessary knowledge, skills and expertise to assist you and your family in these difficult times. Our team also has the skills and experience to assist with matters including:
- Personal Safety Orders; and
- Family Violence Intervention Orders.
If you are the Applicant seeking the protection of an IVO for yourself and/or your children, we can advise you of options and arrange representation at all hearings.
If you are the Respondent, we can defend you and endeavour to resolve your dispute as quickly and cost effectively as possible. We can appear on your behalf or arrange representation for you at the Mention, Directions Hearing and Contested Hearing if necessary.
Our experienced team of specialist Family Lawyers will advise you of the options available to you and will guide you through this often complex and difficult process.
For a free initial consultation please call or email Pearsons Lawyers on (03) 9306 0044 or [email protected] and know where you stand.
Family Violence & Protection of Children
In terms of the decision making of parents, where there are issues of family violence, it may be difficult for parents to share decision making in respect to that child.
In such situations depending on the facts of your case, and not all situations, one party may be provided sole parental responsibility where there are risk issues.
Family violence itself has a wide definition in respect to the Family Law Act, and includes physical, verbal, psychological, financial abuse, abuse to pets, and also any behaviour that is coercive or controlling to another party that makes that party feel fearful.
It doesn’t mean that in each situation of violence that you will obtain a sole parental responsibility order. It will largely depend on the facts of your case; the interests of your child will be the paramount considerations.
In terms of if you’re experiencing family violence; there are other measures that you can also take in respect to ensuring your safety and that of your children.
You may seek support, or also an interventional order, or police assistance if you need to assist you children and ensure your protection.
To arrange your free initial consultation with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
How long will getting a divorce usually take?
Each client and their circumstances differ.
The length of time that each matter takes to resolve will depend on the parties and their circumstances.
Some parents are able to reach agreement about parenting matters and Parenting Orders can be made within a matter of weeks.
In financial matters some separating parties can reach an amicable and fair settlement which can be documented by way of Consent Orders or a Binding Financial Agreement (BFA) within a matter of weeks.
Usually after receiving legal advice about options, negotiations are undertaken by way of an exchange of letters and documents. Sometimes there are intense and focused negotiations by way of a Roundtable Conference (a meeting of the parties and their lawyers at one place at one time to negotiation outstanding issues) or a mediation.
In the event that agreement cannot be reached through negotiations and mediation, litigation may become necessary. Throughout the litigation process parties are required to engage in mediation to discuss and explore the possibility of reaching agreement without judicial intervention.
Most cases that are commenced in the Family Court or the Federal Circuit Court are resolved at some stage during the litigation path, formal Orders are made, and the matter is resolved without a Judge making a decision.
A small number of cases are unable to be resolved and proceed to determination by a Judge which means that the Court hears the evidence of the parties, submissions by their Barristers and then a Court makes a decision in relation to parenting matters, property issues or both.
The litigation path can take anywhere from a few months up to three to four years depending upon the complexity of the matter, judicial availability and other issues that can arise from time to time such as COVID-19 which has disrupted Court hearings and created greater delays in the Court system.
Pearsons Lawyers can provide you with specialist Family Law advice and guidance with the options available to you and assist you making decisions best for you.
We advise our clients of the costs associated with Court proceedings and how long they are prepared to devote to negotiations prior to considering commencing Court proceedings. Court proceedings are a last resort but are sometimes inevitable to achieve finality.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
To arrange your free initial consultation with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.
Pearsons Family Lawyers
Let’s Work Together
Step 1: Book Your Free Appointment
No strings attached. No hidden costs. Just a free, confidential, one-on-one consultation with an expert family lawyer.
Step 2: Talk To An Expert
Get all your questions answered, discuss your options, understand your entitlements & know what your divorce will cost.
Step 3: Know Where You Stand
You’ll get the advice you need to move on with your life and find the happiness you deserve whilst getting a fair and equitable split.Know Where You Stand
Book Your Free Appointment
During your initial free consultation we will:
- Discuss your circumstances.
- Answer any questions about the divorce process.
- Discuss your options.
- Advise you of your entitlements.
- Provide you with information about the cost of a divorce and separation.
Call our office or fill in the contact form to book your free appointment.
Office Hours
Monday to Friday 8:30am – 5:00pm
(Please note we are closed between 1-2pm)
Wednesday Evenings 5:00pm – 7:00pm
(by appointment only)