Divorce in Vermont
Vermont allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and allows filing once either spouse has lived in Vermont for six months, but a divorce cannot be granted unless one spouse has lived there for one year before the final hearing. No-fault divorce requires living separately for six consecutive months.
Quick Facts
Residency Requirement
6 months to file, 1 year before final hearing
Waiting Period
6 months separation for no-fault
Filing Fee (approximate, varies by county)
$250-$350
Property Division
equitable distribution
Grounds for Divorce
- Living apart for 6 consecutive months
- Adultery
- Intolerable severity
- Willful desertion
Key Facts
- Vermont requires 6 months of separation for no-fault divorce
- You can file after 6 months of Vermont residency, but one spouse must have lived there for 1 year before the final hearing
- Property is divided by equitable distribution
- Both fault and no-fault grounds are available
- Vermont was an early adopter of civil union laws
Child Custody
Vermont courts determine custody based on the best interests of the child. The court uses the term 'parental rights and responsibilities' and considers the quality of each parent's relationship with the child, the ability of each parent to provide for the child, and the child's adjustment to school and community.
Alimony / Spousal Support
Vermont courts may award spousal maintenance based on the requesting spouse's lack of sufficient income or property to meet their needs and their inability to support themselves. The court considers the standard of living during the marriage, the duration of the marriage, and each party's financial resources.
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FAQs
Common questions about divorce in Vermont
Vermont requires that the spouses live apart for six consecutive months for a no-fault divorce. During this separation period, there should be no resumption of marital relations. You may file on fault grounds to potentially avoid this separation requirement.
Vermont uses equitable distribution, considering all property owned by either spouse regardless of title. The court considers the length of the marriage, each party's contributions, the value of each party's property, each party's economic circumstances, and whether custody of minor children is involved.