Introduction
Filing for divorce is one of the most significant legal steps you can take, and understanding the rules specific to your state is essential for navigating the process with confidence. Vermont has its own statutes governing how marriages are dissolved, how property is divided, how children are protected, and how spousal support is determined. Whether you and your spouse are approaching your separation amicably or anticipate a contested proceeding, knowing what Vermont law requires will help you make informed decisions at every stage.
This guide provides a comprehensive overview of divorce in Vermont, covering grounds for divorce, residency requirements, property division, child custody, spousal support, the filing process, and the costs and timelines you can expect. It is designed as an educational starting point — not a substitute for personalized legal advice from a qualified Vermont family law attorney.
Grounds for Divorce in Vermont
Vermont recognizes both no-fault and fault-based grounds for divorce under 15 V.S.A. § 551.
No-Fault Divorce
The no-fault ground is by far the most commonly used basis for divorce in Vermont. To obtain a no-fault divorce, the filing spouse must demonstrate that the couple has lived separate and apart for at least six consecutive months and that there is no reasonable prospect of reconciliation. "Living separate and apart" does not necessarily require that the spouses maintain separate residences — Vermont courts have recognized that spouses can live separate lives under the same roof, provided they have truly ceased functioning as a married couple.
No-fault divorce has become the preferred path for most couples because it does not require either party to prove wrongdoing. This generally results in a less adversarial, less expensive, and faster process.
Fault-Based Divorce
Vermont also permits fault-based divorce on several traditional grounds, including but not limited to:
- Adultery
- Intolerable severity (physical or mental cruelty)
- Willful desertion or absence for seven or more years
- Refusal or inability to support the other spouse when able to do so
- Incurable insanity
- Confinement in prison for three or more years
Fault-based grounds are less commonly pursued because they require the filing spouse to present evidence of the other party's misconduct. However, establishing fault can sometimes influence the court's decisions on property division or spousal support, so there may be strategic reasons to consider a fault-based filing in certain cases.
Residency Requirements
Vermont has a two-tiered residency requirement for divorce, codified at 15 V.S.A. § 592. To file for divorce in a Vermont court:
- Either you or your spouse must have been a resident of Vermont for at least six months before filing the action.
- The person who files must also have been a resident of the state for at least one year before the final divorce decree is entered.
This means you can initiate the process after six months of residency, but the court will not finalize the divorce until the residency threshold of one year has been met. If your spouse is the Vermont resident but you are not, you may still file in Vermont provided your spouse satisfies the residency requirement. Military personnel stationed in Vermont may also qualify under certain conditions.
Meeting these requirements is jurisdictional — if they are not satisfied, the court lacks authority to grant the divorce.
Property Division
Vermont is an equitable distribution state. Under 15 V.S.A. § 751, the court is required to equitably divide the marital estate between the spouses. "Equitable" does not mean "equal" — it means fair, given the totality of the circumstances.
What the Court Considers
When dividing property, the court evaluates a broad set of statutory factors, including:
- The length of the marriage
- The age and health of each party
- Each spouse's occupation, sources of income, and earning capacity
- The contribution of each spouse to the acquisition, preservation, or appreciation of marital property (including contributions as a homemaker)
- The value of each party's separate property (property owned before the marriage or received by gift or inheritance)
- Whether a property settlement is in lieu of or in addition to spousal support
- Each spouse's opportunity for future acquisition of assets and income
- The desirability of awarding the family home to the custodial parent
- Any waste or dissipation of assets by either party
Marital vs. Separate Property
Vermont courts have broad discretion and may consider all property owned by either spouse, regardless of how or when it was acquired. While property brought into the marriage or received as a gift or inheritance is often treated differently, it is not automatically excluded from the marital estate. The court will weigh the equities of each situation to arrive at a fair distribution.
Child Custody and Parenting
Vermont uses the term parental rights and responsibilities rather than the traditional "custody" and "visitation" language. Decisions about children are governed by the best interests of the child standard under 15 V.S.A. § 665.
Types of Custody Arrangements
- Physical responsibility refers to where the child primarily lives and which parent provides day-to-day care.
- Legal responsibility refers to which parent has decision-making authority on major issues such as education, healthcare, and religious upbringing.
Parents may share physical responsibility, legal responsibility, or both. The court may also award sole rights and responsibilities to one parent if the circumstances warrant it.
Factors the Court Considers
When determining custody arrangements, Vermont courts evaluate factors including:
- The quality of the child's relationship with each parent
- Each parent's ability and willingness to foster a positive relationship between the child and the other parent
- Each parent's ability to provide love, affection, guidance, and stability
- The child's adjustment to home, school, and community
- The child's wishes (if the child is of sufficient age and maturity)
- Evidence of abuse, neglect, or domestic violence
Parents are encouraged to develop a parenting plan collaboratively. If they cannot agree, the court will impose an arrangement.
Spousal Support (Maintenance)
Spousal support — referred to as maintenance in Vermont — may be awarded to either spouse during or after the divorce under 15 V.S.A. § 752.
Types of Maintenance
- Temporary maintenance may be ordered while the divorce is pending to maintain the status quo.
- Rehabilitative maintenance is awarded for a specific period to help a spouse become self-sufficient, often by completing education or job training.
- Long-term or permanent maintenance may be ordered in cases involving lengthy marriages or situations where one spouse is unlikely to become financially independent due to age, health, or other factors.
Factors the Court Considers
The court considers several factors when deciding whether to award maintenance and in what amount, including:
- Each spouse's financial resources and property allocation
- The time and expense needed for the requesting spouse to acquire education or training for suitable employment
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical and emotional condition of each spouse
- The ability of the paying spouse to meet their own needs while supporting the other
Maintenance is not automatic and is determined on a case-by-case basis.
Filing Process
Here is a general overview of the steps involved in filing for divorce in Vermont:
Step 1: Prepare the Complaint
The divorce process begins with the filing of a Complaint for Divorce in the Family Division of the Vermont Superior Court in the county where either spouse resides. The complaint must state the grounds for divorce and outline any requests regarding property, custody, and support.
Step 2: File and Serve
Once the complaint is filed with the court clerk and the filing fee is paid, the other spouse must be formally served with the divorce papers. Service can be accomplished through a sheriff, constable, or other approved method. The served spouse then has 20 days to file an answer.
Step 3: Financial Disclosures
Both parties are required to exchange financial affidavits detailing their income, expenses, assets, and debts. Full financial disclosure is mandatory and is essential to fair resolution of property and support issues.
Step 4: Negotiation or Litigation
If the spouses can agree on all issues — property division, custody, and support — the case proceeds as an uncontested divorce, which is faster and less expensive. If disputes remain, the court may order mediation or schedule hearings and ultimately a trial for a judge to decide the contested matters.
Step 5: Final Hearing and Decree
Once all issues are resolved, a final hearing is held. If the court is satisfied that the legal requirements have been met and the agreement is fair, it will issue a final order of divorce. In Vermont, this order is subject to a 90-day nisi period — meaning it does not become absolute for 90 days. However, in uncontested cases, the nisi period may be waived by the court.
Timeline and Costs
Timeline
The overall timeline for a Vermont divorce depends on several factors:
- Six-month separation period: Required for no-fault divorce before filing.
- Court processing time: Uncontested cases can often be resolved within a few months of filing. Contested cases can take considerably longer — sometimes a year or more.
- 90-day nisi period: After the final order, there is typically a 90-day waiting period before the divorce becomes absolute (may be waived in uncontested cases).
All told, even a straightforward uncontested divorce in Vermont may take nine months to a year or more from the date the spouses separate.
Costs
- Filing fee: Approximately $90 to $295 as of February 2026. Fees vary by county and case type, so verify the current amount with your local court clerk.
- Attorney fees: These vary widely depending on the complexity of the case. An uncontested divorce handled by a single attorney may cost a few thousand dollars, while a contested case can cost significantly more.
- Mediation costs: If mediation is used, the parties typically share the cost of the mediator's fees.
- Other costs: Additional expenses may include process server fees, financial expert fees, and costs for certified copies of court documents.
Fee waivers may be available if you meet low-income criteria. Ask the court clerk about the process for requesting a waiver.
Conclusion
Divorce in Vermont follows a structured legal process designed to ensure fairness for both parties and, most importantly, to protect the well-being of any children involved. Whether you pursue a no-fault or fault-based divorce, understanding the state's residency requirements, equitable distribution framework, custody standards, and support guidelines will position you to make sound decisions during what can be an emotionally challenging time.
Every divorce is unique, and this guide is intended only as a general overview. For advice tailored to your specific situation, consult with a licensed Vermont family law attorney who can help you understand your rights and obligations under current law.
Legal Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. The information presented here reflects general principles of Vermont divorce law and may not account for recent legislative changes, local court rules, or the specific facts of your situation. No attorney-client relationship is created by reading this guide. You should consult a qualified Vermont family law attorney before making any legal decisions related to your divorce.