Divorce in Vermont (2026)

Vermont’s Two-Tier Residency Timeline

Vermont’s residency requirements stand out from most states because they impose a two-tier timeline that affects both when you can file and when your divorce can be finalized. Under 15 V.S.A. Section 592, at least one spouse must have been a resident of Vermont for six months before filing for divorce. However, the plaintiff must have resided in Vermont for one year before the final hearing can be held.

This means that while you can file your petition after six months of residency, the court cannot enter a final divorce decree until the one-year mark has passed. For someone who recently moved to Vermont, this two-tier requirement creates a built-in timeline that is longer than many other states.

The action is filed in the family division of the superior court in the county where either party resides. For a broader understanding of the divorce process, see our complete guide to divorce.

Grounds for Divorce

Under 15 V.S.A. Section 551, Vermont recognizes both no-fault and fault-based grounds for divorce:

• Living separate and apart for six consecutive months and the resumption of marital relations is not reasonably probable (no-fault)
• Adultery
• Confinement in a correctional facility for three or more years
• Intolerable severity (cruelty)
• Willful desertion for seven consecutive years
• Nonsupport — persistent refusal or neglect to provide suitable maintenance when able to do so
• Incurable insanity — when the insane spouse has been confined for at least five years

The no-fault ground is by far the most commonly used. Living separate and apart does not necessarily require separate residences; the parties may live under the same roof if they have ceased functioning as a married couple in terms of their personal, financial, and social relationship.

”All Property” Equitable Distribution

Vermont’s property division framework is broader than many states. Under 15 V.S.A. Section 751, the court divides all property owned by either or both spouses, regardless of how title is held, in a manner that is equitable. This “all property” approach means that even assets one spouse owned before the marriage, inheritances, and gifts may be subject to division — unlike states that exclude separate property entirely.

The court considers:

• The length of the marriage
• The age and health of the parties
• The occupation, source, and amount of income of each party
• Vocational skills and employability
• The contribution by one spouse to the education, training, or increased earning power of the other
• The value of each party’s property, estate, and liabilities
• Whether the property settlement is in lieu of or in addition to maintenance
• The opportunity of each party for future acquisition of capital assets and income
• The desirability of awarding the family home to the custodial parent
• The party through whom the property was acquired
• The contribution of a spouse as homemaker

This all-property approach gives Vermont courts significant discretion and means that pre-marital assets and inheritances are not automatically shielded.

Filing Fees and Costs

The filing fee for divorce in Vermont is $295, which is uniform statewide. Additional costs may include service of process fees, mediation fees, and the cost of a parenting education program in cases involving minor children. Fee waivers are available for individuals who demonstrate financial hardship through an application to proceed in forma pauperis.

No Mandatory Waiting Period

Vermont does not impose a separate mandatory waiting period after filing. However, the requirement that the parties must have lived apart for six months before the divorce can be granted, combined with the one-year residency requirement before the final hearing, effectively builds in a substantial timeline. Uncontested divorces typically take three to six months after filing, while contested cases may take eight months to two years.

Maintenance (Alimony)

Vermont courts award maintenance under 15 V.S.A. Section 752. The court considers the financial resources of the party seeking maintenance, the time and expense needed to obtain education or training, the standard of living during the marriage, the duration of the marriage, the age and health of each spouse, the ability of the paying spouse to meet needs while paying maintenance, inflation and cost of living, and each spouse’s contributions to the other’s earning power.

Because Vermont is a no-fault state for purposes of maintenance, the court does not consider marital misconduct in determining maintenance awards. Vermont courts typically award rehabilitative maintenance designed to help the recipient become self-supporting, though permanent maintenance may be awarded in longer marriages or when the recipient spouse has limited capacity for self-support.

The Divorce Process

1. Filing the complaint. One spouse files a complaint for divorce in the family division of the superior court.
2. Service of process. The respondent is served with the complaint and summons.
3. Response. The respondent has 21 days to file an answer.
4. Temporary orders. Either party may request temporary orders for maintenance, child custody, or use of the family home.
5. Discovery and financial disclosures. Both parties exchange financial affidavits and supporting documentation.
6. Mediation. Vermont courts may refer contested cases to mediation.
7. Final hearing. If the parties reach agreement, they present it to the court. Otherwise, the case proceeds to a contested hearing.
8. Final order. The court enters the final divorce order.

When to Consult an Attorney

Vermont’s no-fault framework, all-property division authority, and detailed maintenance factors require careful analysis of each family’s circumstances. The two-tier residency requirement adds a timing dimension that should be understood early in the process. Whether your case is straightforward or involves complex financial issues, consider scheduling a free consultation with a family law attorney to understand your rights under Vermont law.

Frequently Asked Questions

What are the residency requirements in Vermont?

Under 15 V.S.A. Section 592, at least one spouse must have been a Vermont resident for six months before filing. Additionally, the plaintiff must have resided in Vermont for one year before the final hearing can be held, meaning the divorce cannot be finalized until the one-year mark.

Is Vermont a community property or equitable distribution state?

Vermont is an equitable distribution state under 15 V.S.A. Section 751. Notably, the court divides all property owned by either or both spouses, regardless of how title is held — including pre-marital assets, inheritances, and gifts — in a manner that is equitable.

What is the ground for divorce in Vermont?

Vermont is primarily a no-fault divorce state. The most common ground is that the parties have lived separate and apart for six consecutive months and the resumption of marital relations is not reasonably probable. Fault-based grounds under 15 V.S.A. Section 551 include adultery, confinement, intolerable severity, willful desertion for seven years, nonsupport, and incurable insanity. Living apart does not necessarily require separate residences.

Is there a waiting period in Vermont?

No separate mandatory waiting period, but the six-month separation requirement and the one-year residency requirement before the final hearing effectively build in a substantial timeline.

Can I file for divorce while still living with my spouse?

Yes. Vermont law recognizes that “living separate and apart” does not necessarily require separate residences. Spouses may live under the same roof if they have ceased functioning as a married couple in terms of their personal, financial, and social relationship.

How This Guide Was Researched

This guide was developed through direct review of 15 V.S.A. Chapter 11 (Annulment and Divorce), with particular focus on Section 551 (grounds for divorce), Section 592 (the two-tier residency requirement), Section 751 (equitable distribution of all property regardless of title), and Section 752 (maintenance factors and the exclusion of fault from maintenance determinations). We also consulted Vermont Judiciary Family Division self-help guides, Vermont Legal Aid divorce information sheets, official court forms and financial affidavit templates, and Vermont Bar Association family law section publications on the state’s all-property division approach.

Sources and Legal References

• 15 V.S.A. § 551 — Grounds for divorce (no-fault separation and fault-based grounds)
• 15 V.S.A. § 592 — Two-tier residency requirements (six months to file, one year to finalize)
• 15 V.S.A. § 751 — Equitable distribution of all property, regardless of title or origin
• 15 V.S.A. § 752 — Maintenance factors, no consideration of marital fault

Official Vermont Resources

• Vermont Judiciary — Divorce
• Vermont Judiciary — Family Division

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Child custody in Vermont
• Child support in Vermont
• Community property vs. equitable distribution
• How to file for divorce
• Mediation vs. litigation in divorce
• How much does divorce cost?
• Property division in divorce