Divorce in Vermont

Overview of Divorce in Vermont

Vermont’s divorce laws are governed by Title 15 of the Vermont Statutes Annotated (15 V.S.A.), Chapter 11. Vermont is a purely no-fault divorce state, meaning neither spouse must prove wrongdoing to obtain a divorce. The only ground for divorce is that the spouses have lived separate and apart for six consecutive months and the resumption of marital relations is not reasonably probable. Vermont uses equitable distribution principles to divide marital property and applies a detailed statutory framework for maintenance (alimony) and child-related matters.

For a broader understanding of the divorce process, see our complete guide to divorce.

Residency Requirements

Under 15 V.S.A. Section 592, at least one spouse must have been a resident of Vermont for six months before filing for divorce. Additionally, the plaintiff must have resided in Vermont for one year before the final hearing can be held. This two-tier requirement means that while filing can occur after six months of residency, the divorce cannot be finalized until the one-year mark has passed. The action is filed in the family division of the superior court in the county where either party resides.

Grounds for Divorce

Vermont recognizes only one ground for divorce: that the parties have lived separate and apart for six consecutive months and the resumption of marital relations is not reasonably probable. This is set forth in 15 V.S.A. Section 551. Living separate and apart does not necessarily require separate residences; the parties may live under the same roof if they have ceased functioning as a married couple in terms of their personal, financial, and social relationship.

Vermont eliminated all fault-based grounds, so neither spouse can allege adultery, desertion, cruelty, or other traditional grounds. The court’s inquiry focuses solely on whether the marriage has irretrievably broken down.

Filing Fees and Costs

The filing fee for divorce in Vermont is $295, which is uniform statewide. Additional costs may include service of process fees, mediation fees, and the cost of a parenting education program in cases involving minor children. Fee waivers are available for individuals who demonstrate financial hardship through an application to proceed in forma pauperis.

Waiting Period

Vermont does not impose a separate mandatory waiting period after filing. However, the requirement that the parties must have lived apart for six months before the divorce can be granted, combined with the one-year residency requirement before the final hearing, effectively builds in a substantial timeline. Uncontested divorces typically take three to six months after filing, while contested cases may take eight months to two years.

Property Division

Vermont follows the equitable distribution model under 15 V.S.A. Section 751. The court divides all property owned by either or both spouses, regardless of how title is held, in a manner that is equitable. The court considers:

• The length of the marriage
• The age and health of the parties
• The occupation, source, and amount of income of each party
• Vocational skills and employability
• The contribution by one spouse to the education, training, or increased earning power of the other
• The value of each party’s property, estate, and liabilities
• Whether the property settlement is in lieu of or in addition to maintenance
• The opportunity of each party for future acquisition of capital assets and income
• The desirability of awarding the family home to the custodial parent
• The party through whom the property was acquired
• The contribution of a spouse as homemaker

Maintenance (Alimony)

Vermont courts award maintenance under 15 V.S.A. Section 752. The court considers the financial resources of the party seeking maintenance, the time and expense needed to obtain education or training, the standard of living during the marriage, the duration of the marriage, the age and health of each spouse, the ability of the paying spouse to meet needs while paying maintenance, inflation and cost of living, and each spouse’s contributions to the other’s earning power.

Vermont courts typically award rehabilitative maintenance designed to help the recipient become self-supporting, though permanent maintenance may be awarded in longer marriages or when the recipient spouse has limited capacity for self-support.

The Divorce Process

1. Filing the complaint. One spouse files a complaint for divorce in the family division of the superior court.
2. Service of process. The respondent is served with the complaint and summons.
3. Response. The respondent has 21 days to file an answer.
4. Temporary orders. Either party may request temporary orders for maintenance, child custody, or use of the family home.
5. Discovery and financial disclosures. Both parties exchange financial affidavits and supporting documentation.
6. Mediation. Vermont courts may refer contested cases to mediation.
7. Final hearing. If the parties reach agreement, they present it to the court. Otherwise, the case proceeds to a contested hearing.
8. Final order. The court enters the final divorce order.

When to Consult an Attorney

Vermont’s no-fault framework, broad property division authority, and detailed maintenance factors require careful analysis of each family’s circumstances. Whether your case is straightforward or involves complex financial issues, consider scheduling a free consultation with a family law attorney to understand your rights under Vermont law.

Frequently Asked Questions

How long does a divorce take in Vermont?

The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce in Vermont can typically be finalized in a few months, while contested cases may take a year or longer depending on the complexity of the issues involved.

What are the residency requirements to file for divorce in Vermont?

Vermont requires that at least one spouse meet the state’s residency requirement before filing. Check Vermont’s specific residency period, as it varies from state to state and may also require residency in the county where you file.

Is Vermont a community property or equitable distribution state?

This determines how marital property is divided. Community property states split assets roughly 50/50, while equitable distribution states divide property based on what the court considers fair. The distinction significantly affects your financial outcome in a divorce.

Do I need a lawyer to get divorced in Vermont?

You are not legally required to hire a lawyer, but having legal representation is strongly recommended — especially when children, significant assets, or complex financial issues are involved. A Vermont family law attorney can protect your rights and help you avoid costly mistakes.

Can I get a divorce in Vermont if my spouse does not agree?

Yes. Vermont allows you to proceed with a divorce even if your spouse does not consent. If your spouse does not respond to the divorce petition, you may be able to obtain a default judgment. The process takes longer, but the court will not force you to remain married.