Key Takeaways

  • Property division: Equitable distribution.
  • Residency requirement: 6 months in the state (one spouse must have been a resident for 1 year before the final hearing).
  • Waiting period: No mandatory waiting period after filing.
  • Filing fee: $250 - $300.
Equitable distribution Property division method
6 months in the state (one spouse must have been a resident for 1 year before the final hearing) Residency requirement
No mandatory waiting period after filing Waiting period
$250 - $300 Filing fee

Grounds for Divorce

Vermont allows no-fault divorce. The no-fault ground is: Living separate and apart for 6 consecutive months.

Fault-Based Grounds

Vermont also recognizes these fault-based grounds for divorce:

  • Adultery
  • Imprisonment for 3 years or more
  • Intolerable severity
  • Willful desertion for 7 consecutive years
  • Nonsupport or refusal to provide suitable maintenance
  • Incurable insanity

Residency Requirements

6 months in the state (one spouse must have been a resident for 1 year before the final hearing).

Property Division

Vermont is an equitable distribution state. Vermont follows equitable distribution. Courts divide all property, including separate property, fairly based on the length of the marriage, the age and health of each party, the occupation and income of each party, the contribution of each party to the acquisition of marital property, and the contribution of either spouse as homemaker.

Alimony / Spousal Support

Vermont courts may award maintenance when a spouse lacks sufficient income or property to provide for their reasonable needs and is unable to support themselves through employment. Courts consider the financial resources of the requesting spouse, the time needed for education or training, the standard of living during the marriage, the duration of the marriage, and the ability of the other spouse to meet their own needs while paying maintenance.

Child Custody

Vermont courts determine custody based on the best interest of the child. Factors include the relationship of the child with each parent, the ability of each parent to provide a stable environment, the child's adjustment to home and school, and any history of domestic violence.

Child Support

Vermont uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, health insurance costs, childcare expenses, and the parenting time schedule.

Filing Fee

The filing fee for divorce in Vermont is $250 - $300. Fee waivers may be available for those who cannot afford to pay.

Vermont court divorce resources

Related Resources

Frequently Asked Questions

  • What are the grounds for divorce in Vermont?

    Vermont allows no-fault divorce after 6 consecutive months of living separate and apart. The state also has fault-based grounds including adultery, imprisonment, intolerable severity, willful desertion, nonsupport, and incurable insanity.

  • How long do you have to live in Vermont to file for divorce?

    At least one spouse must have been a resident of Vermont for at least 6 months before filing. One spouse must have been a resident for 1 year before the final hearing can take place.

  • How is property divided in a Vermont divorce?

    Vermont uses equitable distribution and courts may divide all property, including separate property. The division is based on each party's contributions, the length of the marriage, and the economic circumstances of each spouse.

  • How long does a divorce take in Vermont?

    Vermont has no mandatory waiting period after filing, but the 6-month separation requirement must be met. Uncontested divorces can be finalized in approximately 2 to 4 months after filing. Contested cases may take longer.

Sources