Civil anti-stalking and sexual assault hearings are heard by a judge presiding in Superior Court, Civil Division. These types of hearings can be particularly stressful whether you want to file a complaint, or you need to defend against one. If you are facing the prospect of having a Final Anti-Stalking or Sexual Assault Order entered against you, the consequences may be severe. If you have been served with an emergency Temporary Order against Stalking or Sexual Assault, it is important to act quickly to secure legal representation. Generally, the date for the final hearing is only a week or two away. An anti-stalking and sexual assault order only applies to parties who are not family members, have never lived together, and have not dated. If the parties are family members, have lived together, or have dated, then the matter may be heard as a Relief from Abuse proceeding in the Superior Court’s Family Division.

Getting divorced is almost always stressful. Whether your divorce is high-conflict or more amicable, we can help you navigate the process from beginning to end. We do this by identifying what is important to you at the outset and then developing a strategy and timetable that helps you achieve a desired outcome. The most common grounds for divorce in Vermont is a “no-fault” divorce. It requires that you and your spouse live separate and apart for at least six consecutive months and that you are not likely to reconcile. All parties are usually required to complete financial forms that must be submitted to the court as part of the divorce process. We can ease that burden with our experienced help. If your spouse is also represented by an attorney, it is possible to reach an agreement, or stipulation, that settles the divorce completely, usually without having to appear in a court room. We have built long-lasting relationships with many of our clients borne out of the support and guidance we offered throughout their divorce.

When a child is born out of wedlock in Vermont, the father does not automatically have parental rights even if he is named on the birth certificate. This can be surprising to most people but if the law does not recognize you as the child’s legal parent, you may not be entitled to contact with the child if the child’s legally recognized parent objects. There may be other consequences if the law does not recognize you as the child’s legal parent. There are different ways to establish parentage. Establishing parentage can be done voluntarily when both parents sign a State of Vermont Voluntary Acknowledgement of Parentage Form. If you are not certain whether both parents signed this form, you can write to the Vermont Department of Health and ask for a certified copy. If you sign the document, it means that you can ask a court to award parental rights and responsibilities regarding the child and/or ask for parent-child contact. Parentage can also be established involuntarily by filing a Complaint to Establish Parentage in court. Parentage creates specific legal rights and obligations, and we can help whether you want to file a Complaint or need to respond to one filed against you.

Oftentimes clients start thinking about divorce long before one spouse actually files in court. Our firm offers steady and confidential advice about what clients should be doing – and should not be doing -- in anticipation of a possible divorce. We can explain the process and give you a roadmap of what to expect. Some divorces present challenging financial issues, while others are more straightforward. Depending on the complexity of your case, we can offer strategies designed to help you achieve the best possible outcome. We will ask you questions about the length of your marriage, assets (whether held jointly or individually) and whether you have minor children. Thinking about divorce can be just as stressful as going through a divorce. Our strategies and counseling are designed to help you understand what a divorce could look like for you.

In Vermont, all property owned by either or both of the parties, however and whenever acquired, is marital property that will be equitably divided by a judge. Title to the property really does not matter when you are getting divorced. This means, for example, that every asset you own before you get married becomes marital property unless you have an enforceable pre-nuptial agreement. Pre-nuptial agreements are recognized in Vermont, but they must be drafted correctly. It is vitally important that you retain an attorney if you are interested in entering into a pre-nuptial agreement that will be enforced in a court of law.

Relief from Abuse hearings are heard by a judge presiding in Superior Court, Family Division. In order to obtain Relief from Abuse order, the defendant must be a family member or household member. For purposes of a Relief from Abuse hearing, “abuse” is defined as attempting to cause or causing physical harm, or placing another in fear of imminent serious physical harm. If you have been served with an emergency Temporary Relief from Abuse Order, it is important to act quickly to secure legal representation. Generally, the date for the final hearing is only a week or two away. Relief from Abuse hearings are stressful. The courts are busy. Having experienced legal counsel by your side will help ease your nerves and ensure that your rights are protected.