Vermont does not permit couples to establish common law marriages within its borders, but the state fully recognizes valid common law marriages formed in other jurisdictions under the Full Faith and Credit Clause of the U.S. Constitution. If you entered into a common law marriage in Colorado, Texas, Kansas, Iowa, Montana, Utah, Oklahoma, Rhode Island, or the District of Columbia and now reside in Vermont, you must obtain a formal divorce to legally end that union. Filing fees range from $90 for uncontested stipulated divorces to $295 for contested cases, and Vermont requires at least six months of residency before filing with a full year of residency before the final decree can be issued.
| Key Facts | Details |
|---|---|
| Filing Fee | $90 (uncontested with stipulation) to $295 (contested) |
| Residency Requirement | 6 months to file, 1 year for final decree |
| Waiting Period | 90-day nisi period after judgment |
| Grounds | No-fault (6 months living separate) |
| Property Division | Equitable distribution under 15 V.S.A. § 751 |
| Common Law Marriage Creation | Not permitted in Vermont |
| Out-of-State Recognition | Yes, under Full Faith and Credit |
Vermont Does Not Create Common Law Marriages
Vermont law prohibits the creation of common law marriages within its jurisdiction, meaning couples cannot establish a legally recognized marriage simply by living together regardless of the duration. Under 15 V.S.A. § 1204, Vermont requires all marriages to be solemnized by an authorized official and properly licensed through the town clerk. Approximately 95% of Vermont residents seeking marriage must obtain a marriage license, pay the $60 license fee, and have the ceremony performed by a judge, justice of the peace, or clergy member. This statutory framework has been consistent for decades, and no amount of cohabitation, joint property ownership, or public representation as spouses will create a marriage under Vermont law.
The distinction between states that recognize common law marriage and those that do not carries significant legal consequences. In the nine jurisdictions that currently recognize common law marriage—Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, Utah, and the District of Columbia—couples who meet specific requirements become legally married without a ceremony or license. Vermont residents who believe they have a common law marriage based solely on their Vermont cohabitation have no legal marriage to divorce, though they may still have property rights, custody issues, or support obligations to address through other legal mechanisms.
Recognition of Out-of-State Common Law Marriages in Vermont
Vermont courts recognize common law marriages validly formed in other states under the Full Faith and Credit Clause of the U.S. Constitution, which requires states to honor the judicial proceedings and public acts of other states. If you established a valid common law marriage in Texas by meeting that state's requirements—agreement to be married, cohabitation, and holding yourselves out as spouses—Vermont will treat your marriage as legally valid when you relocate. This recognition means you must obtain a formal Vermont divorce to end the relationship, you may be entitled to spousal maintenance under 15 V.S.A. § 752, and the court will divide your property according to Vermont's equitable distribution principles.
Proving the validity of your out-of-state common law marriage becomes the critical first step in Vermont divorce proceedings. Vermont courts require evidence demonstrating that you met all requirements in the state where your common law marriage originated. Colorado requires mutual agreement to marry and public reputation as spouses under the 2021 Hogsett ruling. Texas allows couples to file a Declaration of Informal Marriage or prove agreement, cohabitation, and public representation under Texas Family Code Sections 2.401-2.405. Kansas requires present agreement to marry, cohabitation, and public reputation under Kansas Statute 23-2502. Gathering documentation such as joint tax returns filed as married, joint bank accounts, shared property deeds, testimony from friends and family, and any written agreements helps establish the marriage's validity.
How to Divorce a Common Law Marriage in Vermont
Divorcing a common law marriage in Vermont follows the same procedural requirements as divorcing any traditional marriage, with no special forms or expedited processes. You must file a Complaint for Divorce in the Family Division of the Superior Court in the county where you or your spouse resides under 15 V.S.A. § 593. The filing fee is $295 for contested cases without a stipulation or $90 if both parties submit a complete stipulation resolving all issues including property division, spousal support, and child custody. Non-residents who married in Vermont and whose home states do not recognize their Vermont marriage may file in the county where the marriage certificate was filed, paying a $180 filing fee.
The divorce process timeline in Vermont spans 6 to 12 months for uncontested cases and 12 to 24 months for contested divorces, according to the Vermont Judiciary. Three mandatory waiting periods affect this timeline: the 6-month separation requirement under 15 V.S.A. § 551(7) for no-fault grounds, the 1-year residency requirement before the final decree under 15 V.S.A. § 592, and the 90-day nisi period after the judge signs the final order. Temporary absences for work, military service, illness, or other legitimate reasons do not interrupt the residency requirement provided the person otherwise maintains Vermont residence.
Vermont's Residency Requirements for Divorce
Vermont imposes a two-tiered residency requirement that separates the ability to file from the ability to finalize the divorce, creating one of the more complex residency structures in the United States. Under 15 V.S.A. § 592, either you or your spouse must have lived in Vermont for at least six months before filing the Complaint for Divorce. However, the court cannot enter the final divorce decree until at least one spouse has resided continuously in Vermont for one full year before the final hearing. This means a spouse who moves to Vermont and immediately files for divorce must wait until reaching the one-year residency mark for finalization, even if all other aspects of the divorce are resolved.
The one-year residency requirement can create strategic considerations for couples relocating from common law marriage states. If both spouses previously lived in Colorado and one moves to Vermont while the other remains in Colorado, the Vermont spouse must wait six months before filing and one year before obtaining a final decree. Alternatively, the Colorado spouse could file for divorce in Colorado immediately, as Colorado has only a 91-day residency requirement for divorce. Understanding these timing differences may influence which state handles the divorce and which state's laws govern property division and support.
Grounds for Divorce in Vermont
Vermont permits divorce on no-fault grounds under 15 V.S.A. § 551(7), requiring only that the spouses have lived separate and apart for six consecutive months and that reconciliation is not reasonably probable. Approximately 95% of Vermont divorces proceed under this no-fault ground because it eliminates the need to prove wrongdoing and reduces litigation costs, with the average contested divorce costing $30,000 or more compared to $2,500-$6,000 for uncontested cases. Living separate and apart does not necessarily require separate residences; Vermont courts recognize that spouses can maintain separate lives under the same roof by sleeping in different rooms and keeping separate households.
Fault-based divorce grounds remain available under 15 V.S.A. § 551(1)-(6) but offer no practical advantages in most cases. These grounds include adultery, imprisonment for three years or more, intolerable severity (cruelty), willful desertion for seven or more years, failure to provide support, and incurable insanity. Vermont courts do not consider marital misconduct when dividing property under 15 V.S.A. § 751 or awarding spousal maintenance under 15 V.S.A. § 752, meaning a spouse who proves adultery will not receive a larger property share or higher support payments. The additional litigation costs and emotional strain of proving fault typically outweigh any perceived benefits.
Property Division in Common Law Marriage Divorces
Vermont follows equitable distribution principles under 15 V.S.A. § 751, dividing marital property fairly but not necessarily equally based on 11 statutory factors. Unlike community property states that split assets 50/50, Vermont courts consider the length of the marriage, each spouse's age and health, occupation and earning capacity, sources and amounts of income, vocational skills, employability, liabilities and needs, opportunity for future acquisition of assets, desirability of awarding the family home to the custodial parent, and the parties' respective merits. Common divisions range from 50/50 to 70/30 depending on individual circumstances.
Vermont's all-property doctrine significantly impacts common law marriage divorces where couples may have accumulated substantial assets before formalizing their relationship through cohabitation in a recognition state. Under this doctrine, Vermont courts can divide all property owned by either or both parties, however and whenever acquired, including premarital assets, inherited property, and gifts received during the marriage. This contrasts with states that only divide marital property acquired during the marriage, potentially exposing assets you brought into the common law marriage to division. Prenuptial or postnuptial agreements may protect separate property, but couples in common law marriages rarely execute such documents.
Special Considerations for Common Law Marriage Divorces
Proving the existence and validity of a common law marriage presents unique evidentiary challenges that do not arise in traditional divorces where a marriage license exists. Vermont courts require clear and convincing evidence that you met all requirements of the state where your common law marriage originated at the time you claim the marriage began. A spouse who disputes the marriage's existence may argue that the couple never agreed to be married, did not hold themselves out publicly as married, or failed to cohabitate sufficiently. Gathering contemporaneous documentation—not just evidence created after the dispute arose—strengthens your position, including joint tax returns, insurance beneficiary designations, loan applications listing both parties as spouses, and birth certificates listing both parties as married parents.
Child custody and support issues in common law marriage divorces proceed identically to traditional divorces because parentage rights exist independently of marriage. Under 15 V.S.A. § 665, Vermont courts determine custody based on the best interests of the child, considering factors including each parent's ability to meet the child's needs, the quality of the child's relationship with each parent, and the child's adjustment to home, school, and community. Vermont uses the Income Shares Model for calculating child support under 15 V.S.A. § 656, combining both parents' incomes and allocating support based on each parent's proportional share. The Vermont Child Support Guidelines Calculator available through the Vermont Judiciary website produces presumptive support amounts that courts deviate from only for specific statutory reasons.
The 90-Day Nisi Period After Judgment
Vermont requires a 90-day nisi period after the court enters the Final Order and Decree of Divorce before the divorce becomes absolute, creating additional time between the judge's decision and legal finalization. Under 15 V.S.A. § 554, the decree of divorce from the bonds of matrimony shall be a decree nisi and shall become absolute at the expiration of 90 days from entry. During this period, neither spouse may legally remarry, and certain benefits such as health insurance coverage through a spouse's employer may continue. The nisi period serves as a final cooling-off period for potential reconciliation, reflecting Vermont's historically cautious approach to divorce finality.
Couples in uncontested divorces may request waiver or reduction of the 90-day nisi period directly on the Final Stipulation form (400-00878) if both parties agree and the court approves. However, waiving the nisi period may have unintended consequences including immediate loss of health insurance coverage through a spouse's employer and changes to income tax filing status. Contested divorces cannot waive the nisi period regardless of circumstances. Planning for the nisi period ensures adequate time to secure alternative health insurance coverage and make other post-divorce transitions.
Costs of Divorcing a Common Law Marriage in Vermont
The total cost of divorcing a common law marriage in Vermont ranges from $90 for a completely DIY uncontested case to $30,000 or more for a contested divorce requiring full litigation, with the state average sitting at approximately $11,200 when attorneys are involved. Filing fees as of March 2026 are $90 for uncontested divorces filed with a complete stipulation, $180 for non-resident stipulated divorces, and $295 for contested divorces without a stipulation. A responding party filing a cross-petition pays an additional $90, and post-judgment modification motions trigger a $90 fee each time filed.
| Cost Category | Uncontested | Contested |
|---|---|---|
| Filing Fee | $90-$180 | $295 |
| Attorney Retainer | $2,500-$6,000 | $5,000-$10,000 |
| Total Attorney Fees | $2,500-$6,000 | $15,000-$30,000+ |
| Mediation | $500-$2,000 | $2,000-$5,000 |
| COPE Parenting Class | $79 per parent | $79 per parent |
| Guardian ad Litem | N/A | $150-$300/hour |
| Total Estimated Cost | $90-$8,000 | $18,000-$40,000+ |
Vermont attorneys charge a median hourly rate of $320, with retainers typically ranging from $2,500 to $6,000 for straightforward cases. Fee waivers are available for individuals with household income below 200% of the federal poverty level—approximately $30,120 for a single person or $62,400 for a family of four in 2026—or those receiving public benefits such as Reach Up, 3SquaresVT, SSI, or Medicaid. Form 228 (Application to Waive Filing Fees and Service Costs) is available through the Vermont Judiciary website.
Alternatives if You Do Not Have a Valid Common Law Marriage
Couples who lived together in Vermont believing they had a common law marriage—but who never formalized a union in a state that recognizes it—face different legal challenges than divorcing spouses. Without a valid marriage, there is no divorce to obtain, but you may still have claims for property division, support, or custody. Vermont allows cohabiting partners to enter domestic partnerships, which provide some legal recognition but do not create a marriage. Partners must be at least 18 years old, not related by blood, be each other's sole domestic partner, have been together for at least six consecutive months, and be responsible for each other's welfare.
Property disputes between unmarried cohabitants proceed through civil litigation rather than family court divorce proceedings. Vermont courts apply contract law, partnership law, and equitable principles such as constructive trust and unjust enrichment to divide property accumulated during cohabitation. Unlike divorce where courts apply statutory factors, unmarried cohabitants must prove their contributions to property acquisition through testimony, receipts, bank records, and other documentation. Consulting with a Vermont family law attorney helps determine whether your relationship constitutes a recognizable common law marriage or requires alternative legal approaches.
Frequently Asked Questions
Does Vermont recognize common law marriage?
Vermont does not permit couples to create common law marriages within its borders, but it recognizes valid common law marriages formed in other states under the Full Faith and Credit Clause. The nine jurisdictions currently recognizing common law marriage are Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, Utah, and the District of Columbia.
How long do you have to live together in Vermont to have a common law marriage?
No amount of cohabitation creates a common law marriage in Vermont because the state does not recognize this form of marriage. Whether you live together for 1 year or 50 years, Vermont law requires a marriage license and solemnization ceremony to create a legal marriage under 15 V.S.A. § 1204.
Can I get divorced in Vermont if I have a common law marriage from another state?
Yes, Vermont will process your divorce if you have a valid common law marriage from a state that recognizes such unions, provided you meet Vermont's residency requirements. You must have lived in Vermont for at least 6 months to file, and at least 1 year before the final decree under 15 V.S.A. § 592.
How do I prove my common law marriage to a Vermont court?
Vermont courts require evidence that you met all requirements of the state where your common law marriage originated. Strong evidence includes joint tax returns filed as married, joint property deeds, insurance policies naming each other as spouse, testimony from family and friends recognizing you as married, and any written declarations of marriage.
What is the filing fee for a common law divorce in Vermont?
Filing fees for divorcing a common law marriage in Vermont are identical to traditional divorce fees: $90 for uncontested cases with a complete stipulation, $180 for non-resident stipulated divorces, and $295 for contested cases. Fee waivers are available for individuals earning below 200% of the federal poverty level.
How long does a common law divorce take in Vermont?
A common law divorce in Vermont takes 6 to 12 months for uncontested cases and 12 to 24 months for contested divorces. Three mandatory waiting periods affect this timeline: 6 months living separate for no-fault grounds, 1 year residency before final decree, and 90 days nisi period after judgment.
Will Vermont divide property from my common law marriage?
Yes, Vermont applies its equitable distribution principles under 15 V.S.A. § 751 to all property owned by either spouse, regardless of whether the marriage was ceremonial or common law. Vermont's all-property doctrine means premarital assets, inherited property, and gifts may also be subject to division.
What if my spouse denies we had a common law marriage?
If your spouse disputes the existence of your common law marriage, you bear the burden of proving its validity through clear and convincing evidence. Vermont courts will examine documentation from the time you claim the marriage began, including tax returns, contracts, and testimony, to determine whether you met the originating state's requirements.
Do I need a lawyer for a common law divorce in Vermont?
While not legally required, an attorney is strongly recommended for common law divorces due to the additional evidentiary requirements of proving the marriage's validity. Vermont divorce attorneys charge a median hourly rate of $320, with uncontested case total fees ranging from $2,500 to $6,000.
Can I waive the 90-day waiting period after my divorce judgment?
Uncontested divorces may request waiver or reduction of the 90-day nisi period on the Final Stipulation form if both parties agree and the court approves. However, waiving this period may immediately terminate health insurance coverage and affect tax filing status. Contested divorces cannot waive the nisi period.
Sources: