Vermont Statutes Title 15, Chapter 11 - Annulment and Divorce

Vermont recognizes seven grounds for divorce: (1) adultery, (2) imprisonment for 3+ years, (3) intolerable severity (conduct endangering physical or mental health), (4) willful desertion or 7-year absence, (5) persistent refusal to provide maintenance despite ability, (6) permanent mental incapacity, and (7) no-fault — living separate and apart for 6 consecutive months with no reasonable probability of reconciliation. The no-fault ground is by far the most commonly used.

Effective: 2024

A legal separation — permanent or for a limited time — may be granted for any of the same causes that justify an absolute divorce. Legal separation allows the court to issue orders on property, support, and parenting without formally ending the marriage. This option is used by couples who want court-ordered arrangements but do not wish to dissolve the marriage for religious, insurance, or personal reasons.

Effective: 2024

To file for divorce, either spouse must have been a Vermont resident for at least 6 months. However, the final divorce decree cannot be issued until one spouse has resided in the state for at least 1 full year before the final hearing. Temporary absences for employment, military service, or illness do not break the residency period. A special exception allows non-residents who married in Vermont to file if neither spouse's home state recognizes their marriage for divorce purposes.

Effective: 2024

Vermont follows equitable distribution. The court must settle property rights by dividing and assigning property fairly — but not necessarily equally. All property owned by either or both spouses, regardless of when or how it was acquired and regardless of whose name is on the title, is subject to division. Vermont is one of the few states where even separate property brought into the marriage can be divided. The court considers all relevant factors including length of marriage, each spouse's financial situation, contributions (including homemaking), and the desirability of awarding the family home to the custodial parent.

Effective: 2024

While primarily a maintenance statute, §752 interacts with property division because the court must first consider whether the property apportioned under §751 provides sufficient income and resources before awarding spousal maintenance. This ensures property division and support work together — a spouse who receives substantial property may receive less or no maintenance. The court evaluates whether the requesting spouse lacks sufficient income or property to meet reasonable needs after the §751 distribution.

Effective: 2024

Vermont uses 'parental rights and responsibilities' rather than 'custody.' The court decides based on the child's best interests, considering: (1) each parent's relationship with the child, (2) ability to provide food, clothing, medical care, and a safe environment, (3) ability to meet developmental needs, (4) the child's adjustment to current home, school, and community, (5) each parent's willingness to foster a positive relationship with the other parent, (6) parents' ability to communicate and cooperate, and (7) evidence of abuse. The court cannot prefer one parent based on gender or wealth. Shared or divided parental rights may only be ordered if both parents agree.

Effective: 2024

A parenting order can be modified upon a showing of a 'real, substantial, and unanticipated change of circumstances' if modification is in the child's best interests. This applies whether the original order was based on a stipulation or court decision. When physical responsibility is modified, the court must automatically schedule a child support modification hearing and may issue a temporary support order. Orders related to cases involving sexual assault have a higher modification threshold requiring 'extraordinary' changed circumstances.

Effective: 2024

The court may appoint an attorney to represent a minor child's interests regarding custody and support. If a child testifies, the probative value must outweigh potential harm to the child, and the evidence sought must not be available by other means. The judge may examine the child privately in chambers with a court reporter present. Attorney fees are paid by one or both parents, or by the state if both parents are indigent.

Effective: 2024

The court may order rehabilitative or long-term spousal maintenance if the requesting spouse: (1) lacks sufficient income or property to meet reasonable needs after property division, AND (2) cannot support themselves through appropriate employment at the marital standard of living, or is the custodian of a child. Vermont does not use a formula — the court considers the time needed for education or job training, the standard of living during marriage, length of marriage, age, health, and each spouse's financial resources. Marital fault is not considered. Informal guidelines suggest approximately 30% of the income difference, with duration roughly one-third of the marriage length for marriages under 15 years.

Effective: 2024

Vermont declares as public policy that children of separated parents should receive the same proportion of parental income as they would if both parents lived in the same household. The state uses an income shares model, combining both parents' incomes to determine the total child support obligation based on guidelines tables. The obligation is then divided proportionally between parents based on their respective available incomes. The guidelines create a rebuttable presumption — the court may deviate only with written findings explaining why the guidelines amount would be unjust.

Effective: 2024

The noncustodial parent's share of the total child support obligation is paid in money to the custodial parent. Available income is calculated by subtracting federal/state/FICA taxes, pre-existing support obligations, and health insurance costs for the children from gross income. For combined incomes exceeding the guidelines tables, the court uses discretion. Special calculations apply for shared physical custody (each parent has the child more than 25% of the time) and split custody (each parent has primary responsibility for at least one child).

Effective: 2024

Either parent or the Office of Child Support may request modification upon showing a 'real, substantial, and unanticipated change of circumstances,' including job loss or a significant income change. A 10% or greater deviation from the current guidelines calculation is sufficient grounds. The motion must include calculations demonstrating entitlement. If neither party requests a hearing within 15 days of service, the magistrate may modify based on the calculations alone. Modifications apply only to future payments and those accruing after the other party is notified.

Effective: 2024

Divorce complaints are filed in the Family Division of the Superior Court in the county where either spouse lives — there is no specific county residency requirement. The Superior Court has exclusive jurisdiction over divorce and annulment cases, and judges serve as both finders of fact and law. Cases can be filed in person, by mail, or electronically. Filing fees are $90 for stipulated (uncontested) divorces and $295 for contested divorces, with fee waivers available for those who cannot afford to pay.

Effective: 2024

Either or both spouses may apply for temporary orders at any time after separation, filed simultaneously with or after the divorce complaint. The court may issue any order it would be authorized to make at a final hearing — including temporary custody, support, exclusive possession of the home, and restraining orders. A hearing must be held promptly, evidence recorded, and the court must issue its order within 14 days of the hearing. These temporary orders remain in effect until the final hearing or further court order.

Effective: 2024

Filing requires 6 months of Vermont residency by either spouse. The final decree requires 1 year of continuous residency before the final hearing date. Vermont also requires a 6-month separation period for no-fault divorce. In practice, this means the fastest possible uncontested Vermont divorce takes approximately 3 months from filing if the separation period has already been satisfied, plus compliance with the 1-year residency requirement for the final hearing.

Effective: 2024

Both parties must provide complete financial information including income, assets, and expenses. If a party fails to provide required income information, the court may estimate income from available evidence or presume gross income equal to 150% of the statewide average covered wage as calculated by the Vermont Department of Labor. If a default child support order was based on income that later proves inaccurate by 10% or more, a party may seek relief from the judgment under Rule 60 of the Vermont Rules of Civil Procedure.

Effective: 2024

Any family or household member may seek a protective order against another family or household member by filing a complaint in the Family Division of Superior Court — with no filing fee required. After notice and hearing (proof by preponderance of evidence), the court may order the abuser to stay away, vacate the home, surrender firearms, pay temporary child support for up to 3 months, and return personal documents including immigration paperwork. Orders can be extended as long as the court deems necessary. Minors age 16+ (or younger if in a dating relationship) may file on their own behalf.

Effective: 2024

When a person is in immediate danger, they can obtain a temporary emergency protective order without prior notice to the abuser. Applications can be filed in the criminal, civil, or family division of Superior Court, and courts must have procedures for after-hours, weekend, and holiday filings. The temporary order sets a hearing date within 10 days, at which the respondent may contest it. If abuse is proven at the hearing, the order remains in effect and may be expanded with additional protections.

Effective: 2024

Upon granting a divorce, unless good cause is shown to the contrary, the court shall allow either spouse to resume a prior name or the name of a former spouse. This provision was updated in 2024 to use gender-neutral language — previously it only applied to women resuming a 'maiden name.' The request should be made in the divorce complaint and mentioned at the final hearing. The divorce decree then serves as the legal name change document for updating official records.

Effective: 2024

This section establishes the framework for automatic wage withholding to enforce child support and spousal maintenance orders. Key definitions include 'wages' (covering salary, commissions, bonuses, pensions, workers' compensation, and insurance payments), 'support order' (any enforceable judgment for child or spousal support), and 'wage withholding order' (a transfer of the right to receive a portion of the obligor's wages directly from their employer). Wage withholding is mandatory when any support payment is 7 or more days late.

Effective: 2024

Defines income broadly for child support purposes — including salaries, wages, commissions, pensions, Social Security, disability, and investment income. Non-income-producing assets worth $10,000+ (excluding primary residence and up to $15,000 of a vehicle) have income imputed at the long-term U.S. Treasury Bill rate. If a parent is voluntarily unemployed or underemployed, the court may impute potential income based on earning capacity. Tax deductions use standardized calculations (7.65% FICA for employees, 15.3% for self-employed) rather than actual tax returns.

Effective: 2024