Vermont Divorce Law

Going through a divorce is one of life's most challenging experiences. When you're ending a marriage in Vermont, understanding the state's divorce laws helps you navigate the process with more confidence and less stress.

Vermont takes a balanced approach to divorce, offering options for both simple and complex situations. The state recognizes that every marriage is different, so Vermont divorce law provides flexibility while protecting everyone's rights, especially children's.

The Family Division of the Superior Court handles all divorce cases in Vermont. These courts exist in every county, making the divorce process accessible no matter where you live in the state.

No-Fault and Fault-Based Divorce Options

Vermont gives couples two main paths to divorce: no-fault and fault-based.

No-Fault Divorce

Most people in Vermont choose the no-fault option. This means you don't need to prove your spouse did anything wrong. You simply need to show that you've lived "separate and apart" for at least six months and that getting back together isn't reasonably probable. Living separate and apart means you're living separate lives; you can even still live under the same roof and meet this requirement.

Fault-Based Divorce

Sometimes people choose to file based on specific grounds. Vermont recognizes several traditional reasons for divorce:

• Adultery : When one spouse has been unfaithful
• Intolerable severity : This includes cruelty or abusive behavior
• Willful desertion : When a spouse abandons the marriage or has been gone for seven years without contact
• Imprisonment : When a spouse receives a sentence of three or more years and is currently confined
• Persistent financial neglect : When a spouse refuses to provide support despite having the ability
• Permanent incapacity : Due to mental conditions or psychiatric disabilities

While fault-based grounds exist, most Vermont divorces proceed on no-fault grounds because they're simpler and less emotionally draining.

Meeting Vermont's Residency Requirements

Before you can file divorce papers in Vermont, you must meet the state's residency requirements. These requirements have two parts that work together.

Initial Filing Requirement

Either you or your spouse must have lived in Vermont for at least six months before filing the divorce complaint. This shows you have genuine ties to the state.

Final Decree Requirement

Here's where Vermont differs from many states. Even after you file, the court won't issue your final divorce decree until you or your spouse has lived in Vermont for one full year. This creates an interesting timing situation.

For example, if you moved to Vermont nine months ago and filed for divorce today, you'll need to wait three more months before the court can finalize your divorce, even if everything else is ready.

Special Circumstances

Temporary absences don't break your residency. If you left Vermont temporarily for work, military service, illness, or other legitimate reasons but maintained your Vermont residence, you still count as a resident.

Non-Resident Divorces in Special Cases

Vermont also allows non-residents to file for divorce in very specific situations. This mainly applies to couples who got married or entered a civil union in Vermont but now live in states that don't recognize their marriage.

If you're not a Vermont resident, you can only file here if:

• You got married or entered a civil union in Vermont
• Neither of you currently lives in a state that recognizes your marriage for divorce purposes
• You have no minor children from the marriage
• You both agree on all divorce terms and file a complete stipulation

This provision helps couples who might otherwise be trapped in marriages that their home states don't acknowledge.

The Divorce Process

Understanding the divorce process helps reduce anxiety about what comes next. Vermont's divorce process follows a logical sequence, though the timeline varies based on whether your divorce is contested or uncontested.

Starting Your Divorce Case

Every divorce begins when one spouse (the plaintiff) files a complaint for divorce with the Family Division of the Superior Court. You file in the county where you or your spouse lives, or in the county where your marriage certificate was filed if neither of you lives in Vermont.

Required Initial Forms

• Complaint for Divorce (with or without children, depending on your situation)
• Notice of Appearance (showing you're representing yourself)
• Family Court Information Sheet (basic information about both spouses)
• Statement of Confidential Information (Social Security numbers)
• Record of Divorce or Civil Union Dissolution form (goes to the Vermont Department of Health)

Filing Fees: As of 2025, Vermont charges different fees based on your situation:

If you can't afford the filing fee, you can apply for a fee waiver by showing that you receive public assistance or that your income falls below certain levels.

Serving the Divorce Papers

After filing, you must serve divorce papers on your spouse. This means officially delivering copies of all documents so your spouse knows about the divorce and can respond. Vermont law allows several service methods:

• Personal service by a sheriff or process server
• Acceptance of service (your spouse signs, acknowledging receipt)
• Certified mail with return receipt
• Regular mail if certified mail is refused

The acceptance of service is the simplest method. Your spouse simply signs a form confirming they received the papers. This doesn't mean they agree with everything in your complaint, just that they got the documents.

Case Management and Resolution

Once your spouse has been served, the court schedules a case management conference. This meeting involves both spouses (and their attorneys if they have them) and focuses on identifying issues and exploring settlement options.

The court tries to help couples reach agreements rather than fighting in court. Many cases resolve through negotiation, mediation, or collaborative discussions.

Contested vs. Uncontested Divorce

The biggest factor affecting how long your divorce takes is whether it's contested or uncontested.

Uncontested (Stipulated) Divorce

An uncontested divorce happens when you and your spouse agree on all major issues. Vermont calls this a "stipulated divorce." To qualify, you must:

• Live separately and apart for at least six months
• Agree on property division
• Agree on spousal support (or agree that neither will receive it)
• Agree on child custody, visitation, and support (if you have minor children)
• Sign a written stipulation covering all these issues

Benefits of Stipulated Divorce

• Lower filing fees ($90 vs. $295 for Vermont residents)
• Faster process, often just a few months
• Less stress and conflict
• More control over the outcome
• May not require a final hearing

The court can waive your final hearing if you both agree and file a request. However, you'll still have a hearing if:

• Either spouse had a final abuse prevention order against the other
• Only one spouse has a lawyer and you have children
• The court wants to ensure your agreement is fair and voluntary

Contested Divorce

A contested divorce means you and your spouse disagree on one or more issues. These cases require more court involvement and take longer to resolve.

After the case management conference, the court may order mediation to help you work through disagreements. If mediation doesn't resolve everything, you'll proceed to court hearings where a judge decides the disputed issues.

Common Areas of Disagreement

• How to divide property and debts
• Whether anyone should receive spousal support and how much
• Child custody arrangements
• Child support amounts
• Who keeps the family home

Even in contested divorces, you can still reach agreements on some issues while asking the court to decide others. This hybrid approach often works well and saves time and money.

Property Division Under Vermont Law

Vermont follows the "equitable distribution" model for dividing marital property. This means the court divides assets and debts fairly, not necessarily equally.

What Gets Divided?

Vermont law is broader than many states, the court can divide both marital property and separate property if doing so creates a fairer overall result.

Marital Property  typically includes:

• Real estate purchased during the marriage
• Retirement accounts and pensions earned during the marriage
• Bank accounts opened during the marriage
• Vehicles, furniture, and personal belongings
• Business interests developed during the marriage
• Investment accounts and stocks
• Debts incurred during the marriage

Separate Property  traditionally includes:

• Property owned before marriage
• Inheritances received by one spouse
• Gifts given specifically to one spouse
• Personal injury settlements
• Property kept completely separate throughout the marriage

However, separate property can become marital property if it's used for the marriage's benefit. For example, if you owned a house before marriage but both spouses lived there, and both contributed to mortgage payments and improvements, the court might treat it as marital property.

How Courts Divide Property

Vermont judges consider multiple factors when dividing property under 15 VSA § 751:

1. Length of the marriage : Longer marriages often result in more equal divisions
2. Age and health of both spouses : Older or less healthy spouses may need more financial resources
3. Occupation and income : Current earning capacity matters
4. Vocational skills and employability : Future earning potential affects fairness
5. Amount and sources of income : All income streams count
6. Needs of each spouse : Basic living expenses and lifestyle considerations
7. Whether either spouse will receive spousal support : Support payments affect property needs
8. Contributions to education or career advancement : Did one spouse support the other through school?

The court starts with a presumption of equal division but adjusts based on these factors to reach an equitable result. In practice, divisions range from 50-50 splits to 60-40 or even 70-30 depending on circumstances.

Spousal Support and Maintenance

Vermont law allows courts to order spousal maintenance (alimony) to help the lower-earning spouse maintain a reasonable standard of living after divorce. You must request maintenance in your original divorce complaint; you can't ask for it later.

Types of Spousal Support

Vermont recognizes two main types of maintenance:

Rehabilitative Maintenance

Temporary support is designed to help a spouse become self-sufficient. This often covers the time needed to complete education or training, gain work experience, or re-enter the job market after years away.

Long-Term Maintenance

Ongoing support when the receiving spouse cannot reasonably achieve the marital standard of living through work. This typically applies in longer marriages where one spouse sacrificed career opportunities for the family.

Factors Courts Consider

Under 15 VSA § 752, Vermont courts evaluate multiple factors when deciding spousal maintenance:

• Financial resources of both spouses : All income, assets, and property
• Standard of living during the marriage : The lifestyle you maintained
• Length of the marriage : Longer marriages often warrant more support
• Age and physical and emotional condition : Health issues affect earning capacity
• Ability to become self-supporting : Education, work history, and job skills
• Time and expense needed for education or training : Getting qualified for suitable work
• Child support obligations : Support for children living with either parent
• Ability of the paying spouse to afford support : Must balance both spouses' needs
• Retirement and Social Security considerations : Age and retirement benefits

Duration and Modification

Maintenance orders typically specify both the amount and duration. The court may order support for a specific number of years or until certain conditions are met (like completing a degree program).

Either spouse can request a modification if circumstances change substantially. Major income changes, health crises, retirement, or remarriage might justify modifying support.

Child Custody and Parental Rights

When divorcing parents can't agree on custody, Vermont courts step in to protect the child's best interests. Vermont uses the term "parental rights and responsibilities" instead of "custody," but it means the same thing.

Types of Parental Responsibility

Vermont divides parental responsibilities into two categories:

Legal Responsibility

The right to make major decisions about your child's life, including:

• Education choices (which school, special programs)
• Medical and dental care
• Religious upbringing
• Travel arrangements
• Other significant welfare decisions

Physical Responsibility

Day-to-day care and control of the child, including where the child lives and routine decisions about daily life.

Parents can share legal responsibility (joint legal custody), share physical responsibility (joint physical custody), or one parent can have sole responsibility while the other has visitation rights (called "parent-child contact").

Best Interest Factors

Under 15 VSA § 665, Vermont courts evaluate several factors to determine what serves the child's best interests:

1. Relationship with each parent : The quality of the child's bond with each parent
2. Ability to provide basic needs : Food, clothing, medical care, safe housing
3. Meeting developmental needs : Age-appropriate care and support
4. Adjustment to current situation : Impact of changes to home, school, community
5. Fostering relationship with the other parent : Willingness to encourage contact
6. Primary caregiver relationship : Who has been the main caretaker
7. Other significant relationships : Siblings, grandparents, other important people
8. Communication and cooperation : Can parents work together on decisions?
9. History of abuse : Any domestic violence or child abuse

The court doesn't prefer one parent based on gender or financial resources. The focus remains entirely on what arrangement best serves the child.

Shared Physical Custody Arrangements

Vermont encourages maximum contact with both parents when appropriate. When each parent has physical custody for 30% or more of the year, special rules apply for calculating support and recognizing the additional costs of maintaining two households.

Child Support in Vermont

Both parents have a financial obligation to support their children. Vermont uses a standardized guideline to calculate child support amounts, ensuring consistency across cases.

How Child Support Is Calculated

Vermont's child support system focuses on the "total support obligation", the combined amount both parents should contribute. The calculation involves several steps:

Step 1: Determine Available Income

Start with each parent's gross income (from all sources), then subtract:

• Spousal support is actually paid to another person
• Health insurance costs for the children
• FICA taxes (7.65% for employees, 15.3% for self-employed)
• State and federal income taxes
• Court-mandated expenses for the child's case plan

Step 2: Calculate Total Support Obligation

Use Vermont's guideline table based on the combined available income and number of children. Add:

• Base support from the guideline
• Actual child care costs due to employment
• Extraordinary medical expenses over $200 annually
• Special needs expenses

Step 3: Divide Proportionally

Each parent pays a percentage based on their portion of the combined available income. The non-custodial parent typically pays their share directly to the custodial parent.

Special Circumstances

If paying guideline support would drop a parent's income below 120% of the federal poverty level, the court may reduce the obligation to preserve the parent's ability to meet basic needs.

Shared Custody Adjustments

When each parent has the children at least 30% of the time, the total support obligation increases by 50% to reflect the costs of maintaining two households. The obligations are then offset, with the higher-earning parent paying the difference.

Additional Dependents

The court adjusts support when a parent also supports other children not subject to the current order.

Modification of Child Support

Child support orders can be modified when circumstances change substantially. You can request a modification if:

• Either parent's income changes by more than 10%
• The current order differs from guideline amounts by more than 10%
• Three years have passed since the last modification
• Either parent becomes unemployed, incarcerated, or disabled
• Child care costs change significantly

The court can only modify future support, not amounts that already came due. The modification takes effect from the date you file your motion.

The Waiting Period and Final Decree

Vermont has a unique waiting period called the "nisi period" that affects when your divorce becomes final.

Nisi Period

After the judge signs your final divorce order, Vermont law imposes a 90-day waiting period before the divorce becomes final. During this nisi period, you're technically still married. This gives couples one last chance to reconcile.

Waiving the Nisi Period

Both spouses can agree to waive the waiting period if:

• You both sign an agreement waiving it
• You have a stipulated divorce with complete agreement on all issues
• Neither spouse had an abuse prevention order against the other

When waived, your divorce becomes final immediately when the judge signs the decree.

Death During Nisi Period

If either spouse dies during the 90-day waiting period, the divorce automatically becomes final immediately before death.

Court Hearings and Legal Procedures

This early meeting sets the tone for your case. The judge or magistrate meets with both parties to:

• Identify areas of agreement and disagreement
• Discuss possible settlement options
• Set deadlines for exchanging financial information
• Schedule mediation if appropriate
• Plan next steps in your case

Come prepared with information about your finances, children, and what matters most to you in the divorce.

Financial Disclosure Requirements

Vermont requires complete financial transparency. You must file a Financial Affidavit (Form 813B) detailing:

• All income from every source
• All assets (bank accounts, retirement funds, property, vehicles)
• All debts and liabilities
• Monthly living expenses
• Four recent pay stubs

Hiding assets or providing false information can result in penalties and an unfavorable ruling. The court may impute income to a spouse who refuses to provide financial information, often estimating at 150% of Vermont's average wage.

Mediation and Settlement

Many Vermont courts require mediation before proceeding to trial in contested divorces. A neutral mediator helps you and your spouse work through disagreements and find common ground.

Benefits of mediation include

• Less expensive than going to trial
• Faster resolution
• More control over the outcome
• Reduced conflict and stress
• Better for children
• Creative solutions tailored to your family

Even if mediation doesn't resolve everything, partial agreements save time and money by narrowing the issues for trial.

Final Hearings

If you can't settle all issues, you'll have a final hearing where a judge decides disputed matters. At the hearing:

• Both sides present evidence and testimony
• You can call witnesses to support your position
• The judge asks questions to understand your situation
• Each party makes final arguments
• The judge issues a decision either immediately or after taking time to consider

Final hearings in uncontested cases are usually brief, just confirming that you both agree and that the agreement is fair. Contested hearings can last several hours or even multiple days in complex cases.

Special Considerations in Vermont Divorce Law

Some situations require special attention under Vermont law.

Domestic Violence and Abuse

Vermont takes domestic violence seriously. If there's been abuse in your marriage, special protections apply.

Relief from Abuse Orders

You can obtain a protective order before or during divorce proceedings. An active abuse prevention order affects:

• Whether you can waive the nisi period
• Child custody and visitation arrangements
• Whether supervised visitation is necessary
• Property division considerations

The court can order supervised parent-child contact, require the abusive parent to complete counseling, or deny contact altogether if necessary to protect the child or victim.

Custody Restriction

If a parent was convicted of domestic assault or aggravated domestic assault within the past ten years, the court may grant visitation only if adequate safety provisions can be made. The court can order:

• Exchanges in protected settings
• Supervised visitation
• Completion of batterer intervention programs
• No overnight visits
• Confidentiality of the child's address

Civil Unions and Same-Sex Marriage

Vermont pioneered civil unions in 2000 and marriage equality in 2009. The law treats dissolution of civil unions identically to divorce.

Civil unions created before September 1, 2009, continue to exist and can be dissolved using the same process as divorce. Same-sex marriages follow all the same legal procedures as opposite-sex marriages.

Military Divorce

When one spouse serves in the military, special considerations apply:

• Military service doesn't interrupt residency requirements
• The Servicemembers Civil Relief Act provides protections
• Military retirement benefits may be divided
• Deployment can affect custody arrangements
• BAH and other allowances count as income for support

High-Asset and Complex Property Divorces

Cases involving businesses, professional practices, substantial retirement accounts, or significant assets require careful handling. You may need:

• Business valuations
• Forensic accountants to trace assets
• Expert testimony about property values
• QDRO (Qualified Domestic Relations Order) for dividing retirement accounts
• Tax planning to minimize adverse consequences

These cases almost always benefit from attorney representation, given their complexity.

After the Divorce

Your divorce decree creates legally binding obligations. Understanding enforcement and modification helps you handle post-divorce issues.

Enforcing Divorce Orders

If your ex-spouse violates the divorce decree, Vermont provides several enforcement mechanisms:

Contempt Proceedings

For non-financial violations (like refusing visitation), you can file for civil contempt. The court can impose sanctions to compel compliance.

Wage Withholding

Child support and spousal maintenance orders typically include automatic wage withholding, with payments sent directly from the employer to the recipient through Vermont's Office of Child Support.

Collection Actions

Unpaid support becomes a judgment you can enforce through liens, bank levies, or other collection methods. Vermont adds surcharges of 6% annually on unpaid child support.

Post-Decree Modifications

Life changes after divorce. Vermont law allows modifications when circumstances substantially change:

Child Support Modification

File a motion showing:

• Income changed by more than 10%
• Support amount differs from guidelines by more than 10%
• Three years have passed since the last order
• Unemployment, incarceration, or disability occurred

Custody Modification

Requires showing a real, substantial, and unanticipated change affecting the child's best interests.

Spousal Maintenance Modification

Possible when financial circumstances change dramatically for either spouse.

Do You Need a Divorce Attorney?

Many Vermonters complete uncontested divorces without lawyers. However, you should strongly consider hiring a Vermont divorce attorney if:

• Your spouse has a lawyer
• You own real estate or a business together
• Either spouse has substantial retirement accounts, pensions, or investment portfolios
• There's been domestic violence or abuse
• You have significant assets or a complex financial situation
• Child custody is disputed
• You have a disability ,making self-representation difficult
• Your spouse is hiding assets or being dishonest

A skilled family law attorney provides invaluable help:

• Protecting your legal rights
• Navigating complex court procedures
• Negotiating favorable settlement terms
• Presenting your case effectively in court
• Handling paperwork correctly and on time
• Explaining options you might not know about

Even if you represent yourself, consulting with a divorce lawyer for advice can help you avoid costly mistakes.

Resources and Next Steps

Vermont provides several resources to help people through divorce:

• Vermont Judiciary Website  (vermontjudiciary.org): Court forms, instructions, and information about the divorce process
• Legal Services Vermont  (vtlawhelp.org): Free legal information and assistance for qualifying low-income Vermonters
• Vermont Bar Association Lawyer Referral Service : Connects you with experienced divorce attorneys
• Office of Child Support : Helps establish and enforce child support orders
• COPE (Children's Opportunity to Participate Equitably) : Required parenting education program for divorcing parents with minor children
• VTCourtForms : Online tool that helps you complete divorce forms correctly in multiple languages

Main Takeaways About Vermont Divorce Law

Vermont's divorce laws balance protecting individual rights with promoting fair outcomes. Remember these essential points:

• You need six months of Vermont residency to file, but one year to finalize
• No-fault divorce based on six-month separation is the simplest option
• Uncontested divorces cost less and resolve faster than contested cases
• Vermont divides property equitably, not necessarily equally
• Both parents have financial obligations to support their children
• The court focuses on children's best interests in custody decisions
• Spousal support helps the lower-earning spouse maintain reasonable living standards
• A 90-day waiting period applies unless both spouses waive it
• Complete financial disclosure is mandatory, and hiding assets has serious consequences
• Post-divorce modifications are possible when circumstances change substantially

Going through a divorce is never easy, but understanding Vermont's legal framework helps you make informed decisions and advocate effectively for yourself and your children. Whether you handle your divorce pro se or hire an attorney, knowing the law empowers you to move forward with confidence toward the next chapter of your life.