Vermont law provides two distinct legal pathways for ending a marriage: annulment and divorce. An annulment under 15 V.S.A. § 511-520 declares that a valid marriage never existed, while a divorce under 15 V.S.A. § 551 legally terminates a valid marriage. The filing fee for annulment in Vermont is $295, the same as a contested divorce, unless filed with a complete stipulation ($90). Annulment grounds include bigamy, fraud, physical incapacity (must file within 2 years), mental incapacity, or marriage under age 16. Vermont requires 6 months of separation before granting a divorce, plus a 90-day nisi period before the decree becomes final.
Key Facts: Annulment vs. Divorce in Vermont
| Factor | Annulment | Divorce |
|---|---|---|
| Legal Effect | Marriage declared void (never existed) | Marriage legally terminated |
| Filing Fee | $295 (or $90 with stipulation) | $295 contested / $90 stipulated |
| Residency Requirement | 6 months in Vermont | 6 months to file; 1 year for final hearing |
| Waiting Period | None specified for most grounds | 6 months separation + 90-day nisi period |
| Time Limit | 2 years for physical incapacity | None |
| Property Division | Court may still divide property | Equitable distribution applies |
| Grounds Required | Yes (fraud, bigamy, incapacity, etc.) | No-fault available |
What Is an Annulment in Vermont?
An annulment in Vermont is a legal declaration that a marriage was never valid from its inception, effectively erasing the marriage from legal existence. Under 15 V.S.A. § 511, void marriages include those prohibited by consanguinity (blood relation), affinity (relation by marriage), or bigamy (one spouse having a living husband or wife). These marriages are automatically void without requiring a court decree, though either party may file for a formal decree of nullity to establish certainty. Vermont courts distinguish between void marriages that are invalid from the start and voidable marriages under 15 V.S.A. § 512 that require court action to annul.
The practical difference between annulment vs divorce Vermont residents face is significant. When a court grants an annulment, legal records indicate the marriage never legally existed. This differs fundamentally from divorce, which acknowledges a valid marriage occurred and then ended. Despite declaring the marriage void, Vermont courts retain authority to decide child custody, child support, spousal maintenance, and property division in annulment cases. Children born of annulled marriages retain full legal rights, including inheritance rights from both parents and the right to support from both parents.
Grounds for Annulment in Vermont
Vermont law establishes specific grounds for annulment that divide into void marriages and voidable marriages. Understanding these distinctions determines whether you qualify for annulment vs divorce in Vermont. The filing fee of $295 applies to annulment petitions filed without a stipulation, while agreed-upon annulments with complete stipulations cost $90. As of March 2026, verify current fees with your local Superior Court clerk.
Void Marriages (Automatic Invalidity)
Under 15 V.S.A. § 511, certain marriages are void without requiring any court action:
- Bigamy: One party was already legally married to another living person at the time of the marriage ceremony
- Consanguinity: The parties are related by blood within prohibited degrees (parent-child, grandparent-grandchild, siblings, aunt/uncle-nephew/niece)
- Affinity: The parties are related through marriage within prohibited degrees
While these marriages are automatically void, either party may file a complaint to obtain a formal decree of nullity. This decree provides conclusive legal proof of the marriage's invalidity and is recommended for establishing clear legal status.
Voidable Marriages (Court Action Required)
Under 15 V.S.A. § 512, courts may annul marriages based on:
- Underage Marriage: Either party was under 16 years old at the time of marriage
- Physical Incapacity: One party was physically incapable of consummating the marriage (must file within 2 years per 15 V.S.A. § 515)
- Mental Incapacity: One party lacked mental capacity to consent to marriage
- Force, Fraud, or Coercion: Consent was obtained through deception, threats, or other coercive means under 15 V.S.A. § 516
Time Limits for Filing Annulment in Vermont
Vermont imposes specific deadlines for certain annulment grounds that affect whether annulment vs divorce Vermont courts will accept. The 2-year limitation for physical incapacity claims is strictly enforced, while other grounds have different or no explicit time restrictions. Filing fees remain $295 for contested matters or $90 with complete stipulation regardless of grounds.
| Annulment Ground | Time Limit | Who May File |
|---|---|---|
| Physical Incapacity | 2 years from marriage date | Injured party only |
| Mental Incapacity | During lifetime of either party | Relative of incapacitated person |
| Force or Fraud | During lifetime of parties | Affected party, parent, guardian, or interested relative |
| Underage (under 16) | Before legal age reached | Parent, guardian, or next friend |
| Bigamy | Anytime | Either party |
| Consanguinity/Affinity | Anytime | Either party |
For physical incapacity annulments under 15 V.S.A. § 515, only the injured party (not the allegedly incapacitated spouse) may file, and the complaint must be filed within two years of the marriage ceremony. After this deadline passes, divorce becomes the only option for ending the marriage.
Vermont Divorce Requirements and Process
Vermont divorce requires meeting residency requirements and completing mandatory waiting periods before finalization. Under 15 V.S.A. § 592, either spouse must reside in Vermont for 6 months before filing a divorce complaint, and either the plaintiff or defendant must have resided in Vermont for 1 full year before the court can hold a final divorce hearing. The filing fee is $295 for contested divorces or $90 for stipulated divorces where both parties agree on all terms. Non-resident stipulated divorces cost $180.
Separation and Waiting Periods
Vermont imposes multiple waiting periods that distinguish divorce from annulment:
- 6-Month Separation: Under 15 V.S.A. § 551, couples must live separate and apart for 6 consecutive months to qualify for no-fault divorce. Separation can occur under the same roof if parties maintain separate bedrooms and separate household operations.
- 90-Day Nisi Period: After the judge grants a divorce decree, a mandatory 90-day waiting period must pass before the divorce becomes final and absolute. During this period, parties remain legally married.
- Nisi Waiver Option: In uncontested divorces with complete agreements, parties may file a joint request to waive the nisi period. Note that waiving may affect health insurance coverage and tax filing status.
Vermont Divorce Grounds
Vermont recognizes both no-fault and fault-based grounds for divorce:
- No-Fault: Living separate and apart for 6 consecutive months with no reasonable prospect of reconciliation
- Fault-Based: Adultery, imprisonment, desertion, intolerable severity (cruelty), and failure to provide support
Most Vermont divorces proceed on no-fault grounds, as fault-based divorces require proving specific allegations and do not typically affect property division or support outcomes.
Property Division: Annulment vs. Divorce Vermont
Vermont courts apply equitable distribution principles to property division in both annulment and divorce cases. Under 15 V.S.A. § 751, the court divides property based on fairness rather than automatic 50/50 splits. Vermont's all-property doctrine is notably broad: courts may divide all property owned by either spouse, including premarital assets, inheritances, and gifts. This approach applies regardless of whose name appears on the title.
When comparing annulment vs divorce Vermont property outcomes, courts consider identical factors in both proceedings:
- Length of the marriage or relationship
- Age and health of each party
- Occupation, income sources, and amounts for each party
- Vocational skills and employability
- Contribution to the other spouse's education or earning capacity
- Value of property interests, liabilities, and needs of each party
- Whether the settlement is in lieu of or in addition to maintenance
- Desirability of awarding the family home to the custodial parent
Property division orders are final and cannot be modified post-judgment, unlike child support or custody arrangements. This finality applies to both annulment and divorce decrees.
Child Custody and Support in Annulment Cases
Children born during annulled marriages retain full legal rights under Vermont law, identical to children of valid marriages. Courts maintain jurisdiction to establish parental rights and responsibilities, parent-child contact schedules, and child support obligations regardless of whether the marriage is annulled or divorced. Vermont calculates child support using income shares guidelines that consider both parents' incomes and the number of children.
Parents with minor children must complete Vermont's Coping with Separation and Divorce (COPE) class, which costs $79 per person. Fee reductions to $30 or $15 are available for those who cannot afford the full amount. This requirement applies to both annulment and divorce proceedings involving minor children.
How to Get an Annulment in Vermont
The process for obtaining an annulment in Vermont follows similar procedural steps as filing for divorce, though the legal standards differ significantly. Filing requires the $295 fee for contested matters or $90 for stipulated annulments. Sheriff service costs range from $75 to $100 as of January 2026.
Step-by-Step Annulment Process
- Confirm Residency: Either you or your spouse must have resided in Vermont for at least 6 months
- Identify Valid Grounds: Determine which statutory ground applies (bigamy, fraud, incapacity, underage, consanguinity)
- Gather Evidence: Under 15 V.S.A. § 518, courts cannot annul marriages based solely on party declarations; additional satisfactory evidence is required
- File Complaint: Submit the annulment complaint to Superior Court with the filing fee
- Serve Your Spouse: Arrange service through the sheriff or approved alternative method
- Attend Hearing: Present evidence supporting your grounds for annulment
- Receive Decree: If granted, the decree of nullity becomes conclusive evidence of invalidity
Evidence Requirements
Vermont courts require more than just party statements to grant annulments. 15 V.S.A. § 518 explicitly states that marriages shall not be declared null solely on declarations or confessions of the parties. You must provide satisfactory evidence such as:
- Marriage certificates proving prior marriage (bigamy)
- Medical records or expert testimony (physical or mental incapacity)
- Witness testimony about fraudulent representations
- Birth certificates or identification documents (underage marriage)
- Documentation of family relationships (consanguinity)
Annulment vs. Divorce Vermont: Which Should You Choose?
Choosing between annulment vs divorce Vermont proceedings depends on your specific circumstances, grounds, and goals. Annulment is appropriate only when valid legal grounds exist; divorce is available regardless of fault through Vermont's no-fault option. Consider these factors when deciding:
| Consideration | Annulment | Divorce |
|---|---|---|
| Valid grounds exist | Required | Not required (no-fault available) |
| Marriage duration | Typically short | Any length |
| Religious reasons | May be preferred | Standard legal option |
| Time to finalize | Potentially faster (no 6-month separation required) | Minimum 6-9 months total |
| Property/support outcomes | Same as divorce | Equitable distribution |
| Children's rights | Fully protected | Fully protected |
| Legal record | Marriage declared void | Marriage terminated |
When Annulment Makes Sense
Annulment may be the better choice when:
- One spouse was already married to someone else (bigamy)
- The marriage was based on significant fraud or deception
- One party lacked capacity to consent (mental or physical)
- Either party was under 16 at the time of marriage
- Religious beliefs favor annulment over divorce
- The marriage was very short and no significant property was accumulated
When Divorce Is the Only Option
Divorce is necessary when:
- No valid annulment grounds exist
- The 2-year deadline for physical incapacity has passed
- Both parties were legal age, single, unrelated, and consented freely
- You simply want to end a valid marriage
Fee Waivers and Financial Assistance
Vermont offers fee waivers for those who cannot afford court costs. The Vermont Fee Waiver Application (Form 228) allows parties to request waiver of the $90 or $295 filing fee based on financial hardship. Additional costs that may apply include:
- Sheriff service: $75-$100
- COPE class (if children): $79 (reducible to $30 or $15)
- Credit card convenience fee: 2.39%
- Post-judgment modification motions: $90
- Child support modification petitions: $45
Frequently Asked Questions
How long does an annulment take in Vermont compared to divorce?
Annulment in Vermont can potentially finalize faster than divorce because it does not require the 6-month separation period or 90-day nisi waiting period that divorces require. However, contested annulments may take longer if the grounds are disputed. An uncontested stipulated divorce typically takes 6-9 months minimum, while an uncontested annulment with clear evidence of grounds could finalize in 2-4 months.
Can I get an annulment in Vermont if my spouse committed adultery?
No, adultery is not a ground for annulment in Vermont. Adultery is a fault-based ground for divorce, not annulment. Annulment requires proving the marriage was invalid from its inception due to bigamy, fraud, incapacity, underage marriage, or prohibited family relationship. If your spouse committed adultery during a valid marriage, you must file for divorce rather than annulment.
What happens to property in a Vermont annulment?
Vermont courts divide property equitably in annulment cases using the same factors applied in divorce under 15 V.S.A. § 751. Despite declaring the marriage void, courts consider length of relationship, contributions, income, needs, and other relevant factors. The all-property doctrine means courts can divide any property owned by either party, including premarital assets. Property division is final and cannot be modified.
How much does an annulment cost in Vermont?
As of March 2026, Vermont annulment filing fees are $295 for contested cases or $90 for stipulated annulments where both parties agree. Additional costs include sheriff service ($75-$100), the COPE class if children are involved ($79), and potential attorney fees. Fee waivers are available through Form 228 for those who qualify financially. Verify current fees with your local Superior Court clerk.
What is the difference between void and voidable marriages in Vermont?
Void marriages under 15 V.S.A. § 511 are automatically invalid without court action, including bigamous marriages and those between close relatives. Voidable marriages under 15 V.S.A. § 512 are valid until a court annuls them, including marriages involving fraud, incapacity, or underage parties. Either type may be formally annulled for legal clarity, but void marriages are invalid from inception regardless of court action.
Can I remarry immediately after a Vermont annulment?
Yes, once a Vermont court issues a decree of nullity, you can remarry immediately. Unlike divorce, there is no 90-day nisi waiting period for annulments. The decree declares your marriage never existed, so you are legally single as soon as the court issues its order. Ensure you obtain certified copies of the decree for marriage license applications.
Do children from an annulled marriage have inheritance rights?
Yes, children born during annulled marriages in Vermont retain full legal rights identical to children of valid marriages. This includes the right to inherit from both parents, receive child support from both parents, and have custody/visitation arrangements determined by the court. The annulment affects only the legal status of the marriage, not parent-child relationships.
What evidence do I need to prove fraud for a Vermont annulment?
Under 15 V.S.A. § 518, Vermont courts cannot annul marriages based solely on party declarations. To prove fraud, you must provide additional evidence such as witness testimony, documents showing false representations, communications revealing deception, or other proof that your spouse misrepresented material facts that induced you to marry. The fraud must relate to something essential to the marriage relationship.
Is there a time limit to file for annulment in Vermont?
Time limits vary by ground. Physical incapacity annulments must be filed within 2 years of the marriage date under 15 V.S.A. § 515. Mental incapacity and fraud annulments may be filed during the lifetime of either party. Bigamy and consanguinity grounds have no time limit. Underage marriage annulments must generally be filed before the minor reaches legal age or ratifies the marriage through continued cohabitation.
Can my spouse contest an annulment in Vermont?
Yes, your spouse can contest an annulment by disputing your claimed grounds. For example, if you claim physical incapacity, your spouse might present medical evidence of capacity. If you claim fraud, your spouse might argue no material misrepresentation occurred. Contested annulments require a hearing where the court evaluates evidence from both sides. The burden of proof rests on the party seeking annulment.