Burlington sits in Chittenden County, Vermont's most populous county, and every divorce filed by a Burlington resident runs through the Chittenden Family Division at the Costello Courthouse, 32 Cherry Street, Suite 200, just off Church Street Marketplace downtown. Whether you live in the Old North End, the South End, the Hill Section near UVM, or out toward the New North End, your case is heard by the same family court judges who oversee Chittenden County matters. Vermont is a no-fault, equitable-distribution state, and this page covers the local logistics: where you physically file, what it costs, how long it takes, and which Vermont statutes control the outcome.
How do I file for divorce in Burlington, Vermont?
To file for divorce in Burlington, you submit a Complaint for Divorce plus a summons and a Vermont Family Court cover sheet to the Chittenden Family Division at 32 Cherry Street, Suite 200. You pay $90 for an uncontested stipulated case or $295 for a contested case under 32 V.S.A. § 1431. At least one spouse must have lived in Vermont for six months before filing.
Vermont divorces are dissolutions of marriage governed by 15 V.S.A. Chapter 11. Burlington residents almost always file under the no-fault ground in 15 V.S.A. § 551(7), which requires that the spouses lived separate and apart for six consecutive months and that resumption of marital relations is not reasonably probable. Vermont courts recognize that you can live separate and apart under the same roof if you have stopped functioning as a married couple, which matters in Burlington's tight rental and housing market where moving out before a decree is often not financially realistic.
After filing, you must serve your spouse. The simplest route in Chittenden County is having your spouse sign an Acceptance of Service form. If that is not possible, the Chittenden County Sheriff or a private process server will deliver the papers, typically for $75 to $100. Couples with minor children must complete the COPE parenting education program; the standard fee is $79, reduced to $30 or $15 based on income.
Where do I file for divorce in Burlington? (which courthouse)
Burlington residents file at the Chittenden Family Division, located at 32 Cherry Street, Suite 200, Burlington, VT 05401, inside the Costello Courthouse. The phone number is 802-651-1709 and the clerk's office is open Monday through Friday, 8:00 a.m. to 4:30 p.m. The court is closed the second Tuesday of each month from noon to 4:00 p.m. for staff training.
Do not confuse the divisions. The Costello Courthouse at 32 Cherry Street houses both the Family Division (Suite 200, where divorces are filed) and the Criminal Division (Suite 300). The Chittenden Civil Division is at a separate building, 175 Main Street, the historic former U.S. Post Office and Custom House. Divorce, parental rights and responsibilities, child support, and spousal maintenance are all Family Division matters, so 32 Cherry Street is your destination.
Vermont also offers electronic filing through the Odyssey File and Serve portal at vermont.tylerhost.net, which lets Burlington residents file without visiting the Cherry Street courthouse in person. Credit card payments through the portal carry a 2.39% convenience fee. If you prefer paper, you can file in person or by mail to the same Cherry Street address. The Vermont Judiciary's Access and Resource Center (802-879-1185) helps self-represented filers with forms.
Key Facts: Filing for Divorce in Burlington
| Detail | Burlington / Chittenden County |
|---|---|
| County | Chittenden County |
| Filing court | Chittenden Family Division (Costello Courthouse) |
| Court address | 32 Cherry Street, Suite 200, Burlington, VT 05401 |
| Filing fee | $90 uncontested stipulated / $295 contested (32 V.S.A. § 1431) |
| Residency to file | 6 months (15 V.S.A. § 592) |
| Residency to finalize | 1 year before final hearing |
| Waiting period | 90-day nisi period before decree is absolute |
| Property model | Equitable distribution (15 V.S.A. § 751) |
How much does a divorce lawyer cost in Burlington?
A Burlington divorce lawyer generally charges $250 to $375 per hour, and total fees range from about $3,500 for an uncontested case to $15,000 or more when custody and property are contested. Most Chittenden County attorneys require a retainer of $3,000 to $5,000 up front. The court filing fee itself is separate: $90 for a stipulated uncontested divorce or $295 for a contested one.
The single biggest cost driver is whether your case is contested. An uncontested Burlington divorce where both spouses agree on property, support, and parenting can sometimes be completed for the $90 filing fee plus a few hours of attorney review. A contested case involving a UVM Medical Center pension, a Burlington home, or a parenting dispute can require depositions, expert valuations, and multiple hearings, pushing costs well past $15,000.
If money is tight, Vermont waives the filing fee for households below 200% of the federal poverty guideline, roughly $30,120 for one person or $62,400 for a family of four in 2026, using Form 600-00228. Vermont's Superior Court Family Mediation Program offers subsidized mediation as low as $15 per hour for up to 10 hours, a far cheaper alternative to the $150 to $300 hourly rate private mediators charge. Legal aid options for Burlington residents include Vermont Legal Aid and Have Justice Will Travel. You can estimate your own range with our divorce cost estimator.
How long does a divorce take in Burlington?
An uncontested divorce in Burlington typically takes four to six months from filing to final decree, driven mainly by Vermont's 90-day nisi waiting period that applies before any divorce becomes absolute. Contested cases involving disputed parental rights or significant property at the Chittenden Family Division commonly take 12 to 18 months because of discovery, mediation, and crowded family court dockets.
The timeline has two distinct components. First is the residency math under 15 V.S.A. § 592: one spouse must have lived in Vermont six months to file, but the court cannot grant the final decree until one spouse has lived in Vermont one full year before the final hearing. A person who moved to Burlington in January 2026 can file in July 2026 but cannot finalize until January 2027.
Second is the 90-day nisi period. Even after a Burlington judge approves the terms, the divorce does not become final and you cannot remarry until 90 days pass. Chittenden County, handling the highest case volume in Vermont, schedules case manager conferences and final hearings on busy dockets, so building in extra time is realistic. You can model expected milestones with our divorce timeline tool.
What are the residency requirements to file in Chittenden County?
To file for divorce at the Chittenden Family Division in Burlington, either you or your spouse must have resided in Vermont for at least six consecutive months immediately before filing, under 15 V.S.A. § 592(a). The court cannot issue a final divorce decree until one spouse has lived in Vermont for one full year preceding the final hearing.
This two-tier rule trips up many newcomers to Burlington, a city with a transient population tied to the University of Vermont, Champlain College, and the regional medical center. Temporary absences do not break your residency clock. If you or your spouse lived outside Vermont temporarily because of illness, a job, or U.S. military service, that time still counts toward the six-month and one-year thresholds under 15 V.S.A. § 592.
There is one narrow exception. Non-residents married in Vermont may file under § 592(b) if both spouses agree, have no minor children, and file a joint stipulation resolving every issue. For most Burlington couples, however, the six-month-to-file, one-year-to-finalize structure applies.
How is property divided in a Burlington divorce?
Vermont is an equitable-distribution state under 15 V.S.A. § 751, so a Chittenden Family Division judge divides marital assets fairly, which does not always mean equally. Vermont uses an all-property approach: every asset either spouse owns, regardless of how or when it was acquired or whose name is on the title, falls under the court's jurisdiction, including pre-marital property and inheritances.
The court starts from a presumption of equal division, then adjusts using the 15 V.S.A. § 751 factors: length of the marriage, the age and health of each spouse, each spouse's income and earning capacity, vocational skills, the value of property and debts, whether maintenance is awarded, and whether one spouse helped the other's education or career. Judges may also weigh the respective merits of the parties, meaning fault can still influence a Burlington property award.
For parenting, Vermont uses the term parental rights and responsibilities rather than custody. Under 15 V.S.A. § 665, the court allocates legal responsibility (decisions on school, medical care, religion) and physical responsibility (where the child lives) based on the best interests of the child, with no preference for either parent based on sex or finances. When parents cannot agree, Vermont courts award primary responsibility to one parent rather than forcing shared custody. Estimate obligations with our child support calculator and alimony estimator.