Vermont LGBT Divorce

When relationships end, the legal process of divorce can feel overwhelming for any couple. For LGBT couples in Vermont, understanding your rights and the divorce process is essential to moving forward. Vermont has a proud history of supporting marriage equality, and today, same-sex couples have the same divorce rights as any other married couple in the state.

Vermont's Groundbreaking History with Marriage Equality

Vermont holds a special place in the history of LGBT rights in the United States. On April 7, 2009, Vermont became the first state to legalize same-sex marriage through a legislative process rather than a court decision. The legislature passed the Marriage Act on April 3, 2009, though Governor Jim Douglas vetoed it. However, the Senate and House quickly overrode his veto, and the law took effect on September 1, 2009.

This achievement came after years of advocacy by Vermont Freedom to Marry and organizations like GLAD (Gay & Lesbian Advocates & Defenders). Six years later, the Supreme Court ruling in Obergefell v. Hodges made marriage equality the law across all 50 states. Today, all states must issue marriage licenses to same-sex couples and respect marriages performed in other states.

Before same-sex marriage became legal, Vermont pioneered civil unions in July 2000, becoming the first state to offer a legal status essentially identical to marriage for same-sex couples. While Vermont stopped issuing new civil unions after marriage equality passed, the state still recognizes existing civil unions and provides a path for dissolving them.

Basic Requirements for Vermont LGBT Divorce

The process for Vermont LGBT divorce follows the same rules as any other divorce in the state. Vermont law treats all married couples equally, regardless of sexual orientation or gender identity. Here's what you need to know about starting the divorce process.

Residency Requirements

To file for divorce in Vermont, at least one spouse must have lived in the state for six months before filing. However, the court won't grant the final divorce until one spouse has been a Vermont resident for at least one year. These residency requirements apply to everyone seeking a divorce in Vermont.

For LGBT couples who married in Vermont but live elsewhere, there's good news. Vermont created a special exception to help non-resident same-sex couples who can't get divorced in their home states. If you were married in Vermont and neither of you currently lives in a state that recognizes your marriage, Vermont courts may still hear your case. However, this exception only applies if you don't have minor children and both spouses agree on all divorce terms (making it an uncontested divorce).

Vermont requires couples to live "separate and apart" for at least six months before the divorce can be finalized. This doesn't necessarily mean living in different homes. You can live under the same roof while maintaining separate lives. The law recognizes that many couples separate emotionally and practically before one person physically moves out.

Civil Unions vs. Marriage

If you entered a civil union in Vermont before September 1, 2009, you need to understand how this affects your situation. Vermont's same-sex marriage law didn't automatically convert civil unions into marriages. Couples in civil unions who want to marry each other can obtain a marriage license without dissolving their civil union first.

However, if you entered into both a civil union and later married your same partner, and now want to end the relationship, you must dissolve both the civil union and the marriage. The good news is that you can seek dissolution of both at the same time through the Vermont Family Court.

The Vermont Family Court has jurisdiction over all civil union dissolutions and applies the same family law rules that govern traditional marriage dissolutions. This means the same rights and obligations regarding property division, spousal support, and child-related matters apply whether you're dissolving a civil union or ending a marriage.

Types of Vermont LGBT Divorce

Vermont offers both fault-based and no-fault grounds for divorce. Understanding these options helps you decide the best path forward.

No-Fault Divorce

Most couples choose no-fault divorce, which is based simply on living separate and apart for six months. You don't need to prove that either spouse did anything wrong. This approach typically leads to faster, less expensive divorces because you're not fighting about who's to blame for the marriage ending.

Fault-Based Divorce

Vermont also allows fault-based divorce grounds, including imprisonment of one spouse, intolerable severity (similar to cruelty), willful desertion, neglect, or insanity. While these grounds exist, pursuing a fault-based divorce often leads to lengthy court battles and higher legal costs. Most family law attorneys recommend the no-fault approach unless there are specific reasons to pursue fault grounds.

Contested vs. Uncontested Divorce

A stipulated or uncontested divorce happens when both spouses agree on all major issues, including property division, spousal support, and (if applicable) child custody and support. These divorces move through the court system faster and cost significantly less.

A contested divorce occurs when spouses disagree on one or more major issues. These cases take longer to resolve and typically require more legal involvement, driving up costs.

Timeline and Costs for Vermont LGBT Divorce

The length of time your divorce takes depends on whether it's contested or uncontested and whether you have children.

Timeline Factors

Three main time periods affect when your divorce can be finalized:

First, you must have lived separate and apart for six months. Second, if you're filing as a Vermont resident, you must have lived in Vermont for one year before the final hearing. Third, if you have children together, the court waits six months between when you file the case and the final hearing.

These time periods can overlap. For example, if you've lived in Vermont for three years and have been separated for two months when you file, and you don't have children, your final hearing could happen in four months (once you reach the six-month separation mark).

After the final hearing, there's typically a 90-day "nisi period" before the divorce becomes final. This waiting period gives couples a last chance to reconcile. However, in uncontested divorces where both spouses agree, you can waive this nisi period and have the divorce become final immediately after the hearing.

Filing Fees

As of January 2025, Vermont charges these filing fees for divorce:

• $295 for a contested divorce
• $90 for a stipulated divorce where one spouse is a Vermont resident
• $180 for a stipulated divorce where neither spouse is a Vermont resident

You'll also need to pay fees to serve court papers on your spouse, which vary depending on the method used. If you can't afford these fees, you can apply for a fee waiver at the court.

Property Division in Vermont LGBT Divorce

Vermont is an equitable distribution state, which means the court divides marital property fairly between spouses, though not necessarily equally. The judge considers various factors to determine what's fair, including the length of the marriage, each spouse's contributions to the marriage, and each person's financial circumstances.

The Premarital Relationship Challenge

One unique issue affects many LGBT couples: what happens when your relationship lasted much longer than your legal marriage? Many same-sex couples lived together for years or even decades before they could legally marry. Vermont courts include as marital property "all property owned by either or both of the parties, however, or whenever acquired."

This language gives judges flexibility to consider the true length of your relationship, not just the legal marriage. However, there's no guarantee. One spouse might argue that property acquired before marriage should be considered marital property because the relationship functioned like a marriage even though the law didn't recognize it yet. Courts handle these situations case by case, which can lead to uncertainty.

What Counts as Marital Property

Generally, marital property includes anything either spouse earned or acquired during the marriage. This includes income, retirement accounts, real estate, vehicles, investments, and business interests. Separate property typically includes assets owned before marriage, inheritances, and gifts given specifically to one spouse.

The court has the authority to divide property in whatever way seems fair based on the circumstances. Judges consider factors like the length of the marriage, each spouse's contributions (including homemaking and childcare), the value of separate property each spouse owns, and each person's economic circumstances and earning potential.

Spousal Support (Alimony) in Vermont LGBT Divorce

Vermont calls spousal support "maintenance," and LGBT couples have the same rights to request it as any other divorcing couple. The court considers many factors when deciding whether to award maintenance and how much to provide.

Factors Courts Consider

Judges look at the length of the marriage, each spouse's financial resources and ability to earn income, the standard of living during the marriage, each spouse's age and health, educational levels and job skills, and contributions each person made to the marriage (including supporting the other's career or education).

The Length of Relationship Issue

Similar to property division, the length of the marriage affects spousal support decisions. For LGBT couples whose relationships predate marriage equality, this creates potential unfairness. If you lived together as partners for 15 years but could only legally marry for five years before divorcing, does the court consider a five-year marriage or a 20-year relationship?

Vermont law allows judges to consider any circumstances they find relevant when deciding spousal support. Some judges recognize the unfairness of ignoring premarital years and factor in the full relationship length. Others focus strictly on the legal marriage period. This uncertainty makes it particularly important to work with an attorney who understands these nuanced issues affecting LGBT divorces.

Child Custody and Support in Vermont LGBT Divorce

When LGBT couples with children divorce, Vermont applies the same "best interests of the child" standard used in all custody cases. The court doesn't discriminate based on sexual orientation when making custody decisions.

Establishing Parentage

Vermont's Parentage Act, passed in 2017, expanded who can be recognized as a parent. The law provides several ways to establish parentage, including by birth, genetic connection, de facto parentage, or through assisted reproduction or gestational carrier agreements. This flexibility helps non-traditional families, including LGBT couples, establish legal parent-child relationships.

For lesbian couples, Vermont law recognizes both mothers as legal parents when a child is born during the marriage through assisted reproduction, regardless of genetic connection. This protection comes from Supreme Court rulings that extended marriage equality principles to parentage rights.

The Parentage Presumption

Traditionally, state law presumed that a man married to the mother at the time of birth is the child's father. Vermont now applies this "parentage presumption" to same-sex couples as well. When a child is born during a marriage between two women, both are presumed to be legal parents.

This presumption protects both spouses and ensures that children have the legal and financial support of both parents, even after divorce. Courts have rejected arguments from non-biological parents trying to avoid child support obligations by claiming they're not "really" the parent.

Custody and Visitation

Vermont encourages both parents to maintain strong relationships with their children after divorce. The court can award joint or sole custody and create parenting schedules that serve the child's best interests. Factors include each parent's relationship with the child, each parent's ability to provide for the child's needs, the child's wishes (depending on age), and any history of domestic violence or substance abuse.

Discrimination Protections in Vermont

Vermont has strong anti-discrimination laws that protect LGBT individuals. State law prohibits discrimination based on sexual orientation and gender identity in employment, housing, public accommodations, education, credit, insurance, and union practices. These protections were added for sexual orientation in 1992 and extended to gender identity in 2007.

While these protections don't directly affect the divorce process (since Vermont treats all couples equally), they do matter if you're concerned about discrimination in other areas of your life during or after divorce. Vermont is widely considered one of the most LGBTQ-friendly states in the country.

Special Considerations for Out-of-State LGBT Couples

Before the Supreme Court ruled in favor of nationwide marriage equality, many same-sex couples traveled to Vermont to marry because their home states didn't recognize same-sex marriage. Some of these couples now face challenges if they need to divorce.

Recognition of Your Marriage

Thanks to the Obergefell decision and the end of the Defense of Marriage Act (DOMA), all states must now recognize legal same-sex marriages performed in other states. This means if you are married in Vermont but live elsewhere, your home state must respect your marriage for all purposes, including granting a divorce.

Before these federal protections existed, same-sex couples sometimes found themselves legally married but unable to divorce because their home state didn't recognize the marriage. Vermont helped address this problem by creating the special non-resident divorce exception mentioned earlier.

The Defense of Marriage Act's Fall

DOMA was a federal statute that defined marriage as exclusively between one man and one woman. This law prevented same-sex spouses from accessing over 1,000 federal laws related to marriage, including tax benefits, Social Security survivor benefits, immigration rights, and veterans' benefits.

In 2013, the Supreme Court struck down DOMA as unconstitutional in the Windsor v. United States case. Combined with the later Obergefell decision, these rulings mean same-sex married couples now have access to all federal marriage benefits and protections, just like different-sex couples.

Do You Need a Lawyer for a Vermont LGBT Divorce?

Many people complete Vermont divorces without lawyers, representing themselves "pro se." The Vermont Judiciary provides helpful resources for self-represented parties. However, some situations strongly suggest hiring an attorney.

When to Consider Legal Help

You should speak with a lawyer if there's been domestic violence or abuse in your relationship, you or your spouse has complex assets like real estate, businesses, or significant retirement accounts, your spouse has hired a lawyer (putting you at a disadvantage without one), you have disagreements about child custody or support, or you're concerned about how Vermont will handle your premarital relationship years.

For LGBT couples specifically, issues around premarital relationship length and property acquired before marriage became legal can get complicated. An attorney experienced with Vermont LGBT divorce understands these nuances and can advocate for fair treatment of your situation.

Finding LGBT-Friendly Legal Help

Vermont has lawyers who specifically focus on serving the LGBT community and understand the unique issues that can arise in same-sex divorces. Organizations like GLAD provide referrals to experienced family law attorneys. The Vermont Bar Association also offers a lawyer referral service that can connect you with qualified legal help.

Legal Documents to Protect Your Rights

Whether you're going through a divorce or want to protect yourself in the future, certain legal documents matter for LGBT couples.

Relationship Agreements

Before or during a relationship, couples can create cohabitation agreements that spell out how property and finances will be handled if the relationship ends. These function similarly to prenuptial agreements and can be especially valuable for LGBT couples whose relationships predate marriage equality.

Advance Directives and Powers of Attorney

Even after marriage equality, it's wise to have advance directives for healthcare, powers of attorney for financial matters, and updated wills. These documents ensure your spouse can make medical and financial decisions for you if you become incapacitated and that your property goes where you want it after death.

Moving Forward After Vermont LGBT Divorce

Ending a marriage is never easy, but Vermont's legal system provides clear paths forward for LGBT couples. The state's commitment to equality means same-sex couples going through divorce have the same rights and protections as any other married couple.

Vermont's pioneering role in marriage equality continues today in how the state handles family law issues for LGBT couples. While divorce is challenging for anyone, you can take comfort knowing that Vermont law protects your rights and treats you fairly throughout the process.