Vermont Divorce Process

Filing for divorce in Vermont involves meeting specific residency requirements, establishing grounds, dividing property under the state’s equitable distribution framework, and—if children are involved—completing a mandatory parent education program. Vermont offers both no-fault and fault-based grounds for divorce, though the no-fault ground is used in the vast majority of cases. But the process still has procedural requirements and timelines that every filing spouse should understand before getting started.

This article walks through each step of the Vermont divorce process, from the initial residency requirement through the final hearing, so you know what to expect and how to prepare.

Residency Requirements

Vermont imposes a two-part residency requirement that is more demanding than many other states.

Before filing: At least one spouse must have been a resident of Vermont for six months before filing the complaint for divorce. This means you must have lived in Vermont continuously for at least half a year before the court will accept your filing.

Before the final hearing: At least one spouse must have been a resident of Vermont for one year before the court will hold the final hearing and grant the divorce. Even if you file at the six-month mark, the court will not finalize your divorce until you have been a Vermont resident for a full year.

This two-part requirement means there is a built-in waiting period. If you move to Vermont and file at the six-month mark, you will need to wait an additional six months before the court can issue your final divorce decree.

Grounds for Divorce

No-Fault Ground: Living Apart for Six Months

The most commonly used ground for divorce in Vermont is the no-fault ground under 15 V.S.A. section 551(7). The court may grant a divorce when the parties have lived apart for six or more consecutive months and the court finds that the resumption of marital relations is not reasonably probable.

Both elements must be satisfied:

1. Living apart for six consecutive months. The spouses must have been living separate and apart for at least six continuous months before the court will grant the divorce. “Living apart” generally means maintaining separate residences, though Vermont courts have recognized that spouses can live apart under the same roof in certain circumstances if they have completely separated their lives.

2. Resumption of marital relations is not reasonably probable. The court must find that reconciliation is unlikely. If both spouses agree that the marriage is over, this element is straightforward. If one spouse contests the divorce, the court will evaluate the evidence to determine whether there is a reasonable probability of reconciliation.

Fault-Based Grounds

Vermont also recognizes six fault-based grounds for divorce under 15 V.S.A. section 551:

• Adultery (section 551(1))
• Sentence of imprisonment for three years or more and actual confinement (section 551(2))
• Intolerable severity — cruel treatment that makes continued cohabitation unsafe (section 551(3))
• Willful desertion for seven consecutive years (section 551(4))
• Absence without being heard of for seven years (section 551(5))
• Persistent refusal or neglect to provide suitable maintenance when able to do so (section 551(6))

In practice, the no-fault ground is used in the vast majority of Vermont divorces because it avoids the evidentiary burden of proving fault. However, fault-based grounds remain available and may be relevant in some circumstances.

How to File for Divorce in Vermont

Step 1: Prepare and File the Complaint

The filing spouse (the plaintiff) files a complaint for divorce with the Family Division of the Vermont Superior Court in the county where either spouse resides. The filing fee is approximately $295. Fee waivers are available through a motion to proceed in forma pauperis.

Step 2: Serve the Other Spouse

The complaint must be served on the other spouse (the defendant) by a sheriff, constable, or other authorized person. The defendant has 21 days to file an answer.

Step 3: Financial Disclosures

Both parties must complete and exchange financial affidavits detailing income, expenses, assets, and debts. Failure to provide accurate information can result in sanctions.

Step 4: Temporary Orders

If either party needs immediate relief—temporary child support, spousal maintenance, use of the family home, or a parenting schedule—the court can issue temporary orders effective until the final decree.

Step 5: Negotiation or Trial

Most Vermont divorces are resolved through negotiation or mediation. If the parties cannot agree, the case proceeds to a contested hearing.

Step 6: Final Hearing

Once the one-year residency requirement is met and all issues are resolved, the court holds a final hearing and issues the final divorce decree addressing property division, spousal maintenance, and parental rights and responsibilities.

Equitable Distribution of Property

Vermont follows the equitable distribution model for dividing marital property. Under 15 V.S.A. section 751, the court divides property in a manner that is fair and equitable, which does not necessarily mean equal.

Vermont is notable for its broad approach to property division. The court may consider all property owned by either spouse, regardless of whether it was acquired before or during the marriage. This means that premarital property, inherited property, and gifts are not automatically excluded from division—though the source and nature of the property are factors the court considers.

The statutory factors the court weighs include:

• The length of the marriage
• The age and health of each spouse
• The occupation, sources of income, and earning capacity of each spouse
• The contribution of each spouse to the acquisition, preservation, or appreciation of marital property—including the contribution of a spouse as a homemaker
• The value of property each spouse received from other sources, such as inheritance or gifts
• Whether the property award is in lieu of or in addition to spousal maintenance
• The opportunity of each spouse for future acquisition of capital assets and income
• The desirability of awarding the family home or the right to live in the home for reasonable periods to the custodial parent
• The party through whom the property was acquired
• Any other relevant factor

Spousal Maintenance (Alimony)

Vermont courts may award spousal maintenance under 15 V.S.A. section 752 when a spouse lacks sufficient income or property to provide for their reasonable needs and cannot support themselves through appropriate employment. The court considers factors including each spouse’s financial resources, the time needed for education or training, the standard of living during the marriage, the marriage’s duration, each spouse’s age and health, and the paying spouse’s ability to meet their own needs while paying support. Vermont does not use a formula—the amount and duration are determined case by case.

Mandatory Parent Education Program

If minor children are involved, Vermont requires both parents to complete a parent education program approved by the court. This program covers the impact of divorce on children, communication strategies between co-parents, and ways to reduce conflict.

Under Administrative Order 38 issued by the Vermont Supreme Court, parents must complete the program early in the divorce process—typically within a specified time after filing. The court may delay or refuse to finalize the divorce if a parent has not completed the program.

The program is generally a one-time session lasting a few hours. Both parents attend, but they do not attend the same session. The cost is typically modest, and fee waivers may be available for those who qualify.

Uncontested vs. Contested Divorce

Uncontested divorce occurs when both spouses agree on all issues—grounds, property division, spousal maintenance, and parental rights and responsibilities. The parties submit a stipulated agreement, and the judge approves it if it is fair and serves the best interests of any children. An uncontested divorce can be finalized in approximately two to three months after filing (assuming all requirements are met).

Contested divorce occurs when the spouses disagree on one or more issues. Contested cases involve discovery, potentially a trial, and can take six months to over a year. Even in contested cases, Vermont courts encourage mediation and settlement discussions.

Remember that the one-year residency requirement sets a floor—the court cannot finalize the divorce until one spouse has been a Vermont resident for at least one year.

Divorce and Children: Parental Rights and Responsibilities

Vermont uses the term “parental rights and responsibilities” instead of “custody.” When children are involved, the court must determine both physical responsibility (where the child lives) and legal responsibility (who makes major decisions about the child’s education, healthcare, and welfare).

The court’s primary consideration is the best interests of the child. Vermont law lists specific factors the court evaluates, including each parent’s relationship with the child, the child’s adjustment to home and community, and each parent’s ability to support the child’s relationship with the other parent.

For a detailed discussion of custody in Vermont, see our article on Vermont custody and parental rights.

For a broader understanding of the divorce process across all states, see our complete guide to divorce and our guide on how to file for divorce.

What to Do Next

If you are considering divorce in Vermont, take these steps:

1. Confirm your residency. Verify that you or your spouse has lived in Vermont for at least six months before filing—and plan for the one-year requirement before the final hearing.
2. Gather financial records. Collect bank statements, tax returns, pay stubs, mortgage documents, retirement account statements, and any other financial records. Full disclosure is required, and thorough preparation saves time and money.
3. Understand the no-fault ground. Make sure you and your spouse have been living apart for at least six consecutive months. If you have not yet separated, the clock on this requirement starts when you do.
4. Consider mediation. Vermont courts encourage alternative dispute resolution. Mediation can help you resolve issues more quickly and at lower cost than a contested trial.
5. Complete the parent education program. If you have minor children, enroll in the court-approved program early to avoid delays in your case.
6. Consult a Vermont family law attorney. Every divorce involves unique facts and circumstances. Schedule a free consultation with a Vermont family law attorney who can evaluate your situation and guide you through the process.

Frequently Asked Questions

How long do you have to live in Vermont before you can file for divorce?

You must have been a Vermont resident for at least six months before you can file for divorce. However, the court will not hold the final hearing and grant the divorce until at least one spouse has been a Vermont resident for one full year. Both requirements must be met.

Does Vermont require a separation period before divorce?

For the no-fault ground, yes. Vermont requires that the spouses have lived apart for six or more consecutive months and that the court find that the resumption of marital relations is not reasonably probable. This is the most commonly used ground. Vermont also offers six fault-based grounds (adultery, imprisonment, intolerable severity, willful desertion, absence without being heard of, and persistent refusal to provide), which do not require a separation period.

How much does it cost to file for divorce in Vermont?

The court filing fee is approximately $295. Additional costs may include attorney fees, mediation fees, the parent education program, and expenses for financial experts or appraisers if needed. An uncontested divorce is significantly less expensive than a contested one.

Is Vermont a community property state?

No. Vermont follows the equitable distribution model, meaning the court divides property fairly based on a list of statutory factors. Vermont’s approach is broader than most equitable distribution states because the court may consider all property owned by either spouse, not just property acquired during the marriage.

Can I get divorced in Vermont without an attorney?

You have the legal right to represent yourself (pro se) in a Vermont divorce. The Vermont Judiciary provides self-help resources and forms for uncontested divorces. However, if your case involves significant assets, spousal maintenance, or disputes about parental rights and responsibilities, consulting with an attorney is strongly recommended to protect your interests.