Divorce Laws in Vermont: Complete 2026 Guide

Vermont recognizes both no-fault and fault-based grounds for divorce under 15 V.S.A. § 551. The no-fault ground — by far the most commonly used — requires that the spouses have lived separate and apart for six consecutive months and that the court finds the resumption of marital relations is not reasonably probable (15 V.S.A. § 551(7)). Importantly, living 'separate and apart' does not necessarily mean living in separate homes; Vermont courts have found that spouses can live under the same roof while maintaining separate lives, sleeping in different rooms and keeping separate households. Vermont also permits fault-based divorce on several grounds: adultery; confinement in prison for three or more years or for life (whether in Vermont, another state, or a foreign country); intolerable severity (cruelty); willful desertion for seven or more years; refusal or neglect to provide suitable support despite having the ability to do so; and permanent incapacity due to a mental condition or psychiatric disability (15 V.S.A. §§ 551(1)–(6), 631–637). While fault-based grounds remain available, most Vermont divorces proceed on no-fault grounds because they simplify the process and do not require the filing spouse to prove specific misconduct. However, fault may still be relevant in property division, as Vermont courts can consider the respective merits of the parties when making property settlements under 15 V.S.A. § 751. If one spouse denies that the parties have lived apart for the required six months, or alleges that reconciliation is reasonably probable, the court will consider all relevant factors and may continue the action for 30 to 60 days (15 V.S.A. § 552).

Vermont has a two-tiered residency requirement for divorce, codified at 15 V.S.A. § 592. To file for divorce, either you or your spouse must have been a resident of Vermont for at least six months preceding the filing. However, a final divorce decree will not be granted unless at least one party has resided continuously in Vermont for one year prior to the date of the final hearing. Temporary absence from Vermont due to illness, out-of-state employment, military service, or other legitimate reasons does not interrupt the six-month or one-year residency periods, as long as the person otherwise maintained Vermont residency (15 V.S.A. § 592(a)). The divorce complaint must be filed in the county where either spouse resides (15 V.S.A. § 593). There is a limited exception for non-residents. If the couple was married or entered a civil union in Vermont and neither party's home state recognizes the marriage for purposes of divorce, they may file a stipulated divorce in the county where the marriage certificate was filed, provided there are no minor children, both parties agree on all issues, and the complaint is filed with a complete stipulation (15 V.S.A. § 592(b)). These residency requirements mean that a Vermont divorce cannot be finalized quickly. Even if you have lived in Vermont for years, you must still satisfy the six-month separation requirement for a no-fault divorce and have the one-year residency satisfied before the final hearing.

Vermont is an equitable distribution state. Under 15 V.S.A. § 751, the court is required to settle the rights of the parties to their property by equitably dividing and assigning it. All property owned by either or both spouses, however and whenever acquired, is subject to the court's jurisdiction. This means that Vermont courts can consider both marital property and separate property (including pre-marital assets and inheritances), though the court may leave separate property undisturbed if an equitable distribution can be achieved without it. Vermont law starts with a presumption of equal division, then adjusts based on fairness using a list of statutory factors (15 V.S.A. § 751(b)). These factors include: (1) the length of the marriage; (2) the age and health of the parties; (3) the occupation, source, and amount of income of each party; (4) vocational skills and employability; (5) the contribution by one spouse to the education, training, or increased earning power of the other; (6) the value of all property interests, liabilities, and needs of each party; (7) whether the property settlement is in lieu of or in addition to maintenance; (8) the opportunity of each party for future acquisition of capital assets and income; (9) the desirability of awarding the family home to the custodial parent; (10) the party through whom the property was acquired; and (11) the contribution of each spouse to the acquisition, preservation, and depreciation or appreciation of the estate, including non-monetary contributions as a homemaker. The court may also consider the respective merits of the parties, meaning that fault can play a role in how property is divided. Economic misconduct — such as one spouse wastefully or fraudulently spending marital assets — may also result in a less favorable division for that party. Spouses are strongly encouraged to negotiate a property settlement agreement; if they can agree, the court will generally approve the agreement without further involvement. If they cannot agree, the judge will make the division after considering all relevant factors.

In Vermont, spousal support is called 'maintenance' and is governed by 15 V.S.A. § 752. The court may order either spouse to make maintenance payments — either rehabilitative (short-term) or long-term in nature — to the other spouse. To qualify, the requesting spouse must demonstrate two threshold requirements: (1) that they lack sufficient income or property to provide for their reasonable needs, and (2) that they are unable to support themselves through appropriate employment at the standard of living established during the marriage, or that they are the custodial parent of the couple's child. Once eligibility is established, the court determines the amount and duration by considering all relevant factors under 15 V.S.A. § 752(b), including: the financial resources of the party seeking maintenance and their ability to meet needs independently; the time and expense necessary to acquire education or training for 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 paying maintenance; and inflation relative to the cost of living. There is no fixed formula for calculating maintenance in Vermont — the court exercises broad discretion. Rehabilitative maintenance is the most common type awarded in Vermont and is designed to help a spouse become self-supporting by acquiring education or job skills. Long-term or permanent maintenance is less common and is generally reserved for cases involving long marriages where one spouse cannot become self-supporting due to age, disability, or extended absence from the workforce. Vermont is unique in that maintenance does not automatically terminate upon the recipient's remarriage or cohabitation. Instead, the paying spouse must request a review and demonstrate that the recipient's financial circumstances have significantly improved. Maintenance orders can be modified upon a showing of a real, substantial, and unanticipated change in circumstances.

Vermont uses the terms 'parental rights and responsibilities' (instead of 'custody') and 'parent-child contact' (instead of 'visitation'). Under 15 V.S.A. § 665, the court must issue an order concerning parental rights and responsibilities for any minor child of the parties. There are two components: legal responsibility (the authority to make major decisions regarding education, medical care, religion, etc.) and physical responsibility (providing daily care and the child's primary residence). All custody decisions in Vermont are guided by the best interests of the child. The court must consider at least the following factors under 15 V.S.A. § 665(b): the child's relationship with each parent; each parent's ability to provide love, affection, guidance, food, clothing, medical care, and a safe environment; each parent's ability to meet the child's developmental needs; the quality of the child's adjustment to current housing, school, and community; each parent's willingness to foster a positive relationship with the other parent; the quality of the child's relationship with the primary caregiver; the child's relationship with any other significant person; the parents' ability to communicate and cooperate; and evidence of domestic abuse. Vermont law specifically prohibits the court from preferring one parent over the other based on the sex of the parent or child, or on the financial resources of either parent (15 V.S.A. § 665(c)). Notably, if parents cannot agree to share parental rights and responsibilities, the court must award them primarily or solely to one parent — the court cannot order shared custody without parental agreement. Vermont public policy favors maximum contact with both parents unless contact would cause physical harm or significant emotional harm to the child or a parent. Parents with minor children involved in a divorce are typically required to attend a parenting education program known as COPE (Children and Parents Experience).

To file for divorce in Vermont, you begin by preparing and filing a Complaint for Divorce with the Family Division of the Vermont Superior Court in the county where either you or your spouse resides (15 V.S.A. § 593). Vermont offers two main filing tracks: a contested divorce (filing fee of $295) and a stipulated divorce where both parties agree on all issues at the time of filing (reduced filing fee of $90) (32 V.S.A. § 1431(b)(2)). Forms can be completed online using the VTCourtForms guided interview tool on the Vermont Judiciary website, or you can obtain fillable PDF forms. Required documents include the Complaint for Divorce, a financial affidavit, and — for stipulated cases — a signed stipulation covering property, debt, spousal support, and (if applicable) child support and parenting plan. After filing, if the case is contested, you must serve (deliver) the divorce papers to your spouse, typically through a sheriff, constable, or process server. Your spouse then has 21 days to respond if located in Vermont, or 30 days if out of state. In a stipulated case, formal service is not required because both parties file jointly. For contested cases, a case manager conference is typically scheduled four to eight weeks after filing, where both parties meet with a case manager to discuss the case and exchange financial information. If you have children, you will be required to complete a parenting education course (COPE), and you must file a child support worksheet calculated using Vermont's child support guidelines. Once all requirements are met — including the six-month separation period and the one-year residency requirement — the court will schedule a final hearing. In a stipulated case, you may be able to waive the final hearing if the judge finds the paperwork is complete and the agreement is fair. After the judge signs the final order, the divorce becomes final after the 90-day nisi period (unless waived in a stipulated divorce). If you cannot afford the filing fee, you may request a waiver by filing an Application to Waive Filing Fees and Service Costs with the court. Divorce cases in Vermont are handled by the Family Division of the Vermont Superior Court. Vermont's court system was restructured in 2010, consolidating the former District Courts, Family Courts, and other courts into a unified Superior Court with multiple divisions. The Family Division has jurisdiction over divorce, legal separation, civil union dissolution, parentage, child custody (parental rights and responsibilities), child support, and domestic violence matters. Vermont has 14 counties, and each county has a Superior Court unit. Divorce cases must be filed in the county where one of the spouses resides (15 V.S.A. § 593). Family Division magistrates may handle certain matters such as temporary child support and spousal maintenance orders (4 V.S.A. § 461). Judges in the Family Division preside over final hearings, review stipulations, and issue divorce decrees. Appeals from Family Division decisions go to the Vermont Supreme Court, which is the state's only appellate court. Vermont does not have an intermediate court of appeals, so family law decisions from the Superior Court are appealed directly to the Supreme Court. The Vermont Judiciary provides extensive self-help resources for pro se (self-represented) litigants, including court forms, guided interview tools, and informational pages about the divorce process on their website (vermontjudiciary.org).

Vermont imposes several timing requirements that effectively create mandatory waiting periods in the divorce process. First, for a no-fault divorce, the spouses must have lived separate and apart for at least six consecutive months before the final divorce hearing (15 V.S.A. § 551(7)). This separation period can begin before the divorce complaint is filed, and spouses can be considered 'separate and apart' even while living under the same roof if they maintain separate lives. Second, at least one spouse must have resided in Vermont continuously for one year before the final hearing can take place (15 V.S.A. § 592(a)). This one-year residency requirement runs concurrently with the six-month separation period, so it does not necessarily add additional time if the filer has already lived in Vermont for a year or more. Third, after the judge signs the final divorce order, there is a 90-day 'nisi period' before the divorce becomes legally final (15 V.S.A. § 554). This period serves as a last chance for reconciliation. In a stipulated (uncontested) divorce, both spouses may agree to waive the nisi period, allowing the divorce to take effect sooner. In a contested divorce, the nisi period cannot be waived. Additionally, if the parties have minor children, the court will typically not schedule the final hearing until at least six months after the case was filed, to ensure that the parenting plan has been followed effectively. When all timing requirements are taken into account, even an uncontested Vermont divorce typically takes a minimum of six to nine months from filing to finalization.