Filing a divorce in Vermont has specific residency and separation requirements. Find out more about Vermont divorce laws and procedures, including grounds for divorce, property division, maintenance (alimony), and child custody and support.
Find out more about divorce
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by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
Updated on: March 14, 2023 · 6 min read
Vermont divorce law refers to civil marriage, which means a marriage that is legally recognized by the state. In Vermont, as elsewhere, divorce for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If one of them will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, they will need to resolve issues of child custody and support.
Residency and where to file
In order to file for divorce in Vermont, one of the parties must be a resident of Vermont for at least six months before filing, and for at least one year before the Decree of Divorce is entered. You may file in the Superior Court in the county where either party resides.
Procedures
The simplest procedure is an uncontested divorce where you and your spouse reach an agreement about all issues. You begin by filing a Complaint for Divorce, along with various supporting documents. One of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding alimony and any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce.
Grounds for divorce
Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Vermont, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds. To get a no-fault divorce in Vermont, you need to state in the Complaint for Divorce that “the parties have been living separate and apart for six consecutive months, and the resumption of marital relations is not reasonably probable.”
The fault-based grounds for divorce are: adultery, imprisonment for three years or more, “intolerable severity,” wilful desertion or when the other party “has been absent for seven years and not heard of during that time,” persistent refusal or failure to provide the spouse with suitable maintenance while able to do so, and incurable insanity. However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof.
Property division
A divorce involves dividing property and debts between you and your spouse. Vermont divorce law provides that all property is marital property, regardless of how or when it was acquired or how it is titled. Absent an agreement of the parties, the judge will divide the property after considering the following factors:
Alimony in Vermont
Alimony is referred to as maintenance in Vermont. Maintenance may be awarded if the party seeking maintenance:
Absent an agreement by the parties, the judge will determine the amount and duration of maintenance, after considering the following factors:
Child custody in Vermont
If you and your spouse have any minor children, there will have to be a custody determination. In Vermont, custody is referred to as parental rights and responsibilities. It still comes down to how the children’s time will be divided between the parents, and how decisions will be made.
If you and your spouse can reach an agreement on custody, it will be accepted by the judge unless it is determined not to be in the child’s best interest. If you cannot reach a custody agreement, the judge is required to “award parental rights and responsibilities primarily or solely to one parent.” In doing so, the judge must consider all relevant factors, including:
Child support in Vermont
Child support is determined by reference to the Vermont Child Support Guidelines. These guidelines, as well as child support tables and worksheets may be found through the Department for Children and Families website.
Name change
The wife’s maiden or former name may be restored, and the surname of children may also be changed.
Filing a divorce can be a complex process, but if you and your spouse can agree on the terms of the divorce you may be able to save time. Following these steps will help you get started with your divorce.
If you are considering an online divorce, LegalZoom can help you get the divorce documents you need. We help you fill out the paperwork and check it for completeness and accuracy, and provide step-by-step instructions for filing and completing your divorce.
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