Vermont offers a structured and privacy-minded divorce process. Whether you live in Burlington, Montpelier, or a rural mountain town, understanding the state’s unique rules around separation periods, jurisdiction, and equitable division will help you navigate the process with confidence.
Residency Requirements in Vermont
To file for divorce in Vermont, one spouse must have lived in the state for at least six months, and must have lived there for one full year by the time the final divorce is granted. If both spouses live in Vermont, the six-month rule still applies.
Grounds for Divorce
Vermont allows no-fault divorce based on the spouses having lived separate and apart for at least six consecutive months. Fault-based grounds are also available — such as adultery, intolerable severity, and incarceration — but are rarely used. No-fault is more common and less adversarial.
Filing and Separation Period
The process starts with a Complaint for Divorce filed in Family Division of Superior Court. If the spouses have not yet lived separately for six months, they may still file — but the court cannot issue a final divorce decree until the separation period is met.
Vermont permits couples to file for divorce before completing the separation period — but they must finish it before the court can grant a final order.
Property Division in Vermont
Vermont uses an equitable distribution system. The court divides all property fairly — including separate property like pre-marital assets or inheritances. Judges have broad discretion and may include separate assets in division if equity requires it.
Spousal Support (Maintenance)
Spousal support may be awarded based on need, earning capacity, standard of living, and duration of the marriage. Vermont courts may award short-term or long-term maintenance depending on the circumstances. Misconduct may be considered, but is rare.
Child Custody and Parenting Plans
Custody is determined based on the best interests of the child. Courts evaluate emotional ties, stability, cooperation, and parental history. Parents must submit a parenting plan that outlines physical custody, legal custody, and visitation schedules.
Child Support Guidelines
Child support is calculated based on state guidelines that consider the incomes of both parents and the number of children. Daycare, health care, and extraordinary expenses are typically factored in. Modifications can be requested if financial circumstances change.
- Residency: 6 months before filing, 1 year by final judgment
- No-fault divorce requires 6 months of separation
- Courts may divide separate property if fairness requires
- Spousal support available short-term or long-term
- Mandatory parenting plan and child support calculations
Unlike most states, Vermont allows judges to divide both marital and separate property if they believe fairness demands it.
Vermont's divorce process emphasizes privacy, fairness, and judicial discretion. From the mandatory separation period to flexible asset division, being prepared helps you take control of your future and avoid unexpected delays.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Vermont divorce papers or browse Vermont divorce lawyers to get the help you need.