Vermont Divorce Information and
FAQ
To obtain a no-fault divorcc in the State of Vermont, the spouses must
have lived apart from each other for six consecutive months, and the court
must conclude that the resumption of marital relations is not reasonably
probable. The court will conclude that resumption is not probable unless
one of the spouses objects. 15 VSA § 551.
Waiting Period Except under extraordinary circumstances, no divorce
action shall be heard on its merits until after the expiration of six
months from the date of service, if the custody of a child or children of
either party is involved.
A decree of divorce shall become absolute at the expiration of three
months (the “nisi period”) from the entry thereof but, in its
discretion, the court may fix an earlier date upon which the decree shall
become absolute. If one of the parties dies prior to the expiration of the
“nisi period,” the decree shall be deemed absolute immediately prior
to death. 15 VSA § 554
Residency Requirements A complaint for divorce or annulment of marriage
may be brought if either party to the marriage has resided within the
state for a period of six months or more, but a divorce shall not be
decreed for any cause, unless the plaintiff or the defendant has resided
in the state one year next preceding the date of final hearing. Temporary
absence from the state because of illness, employment without the state,
service as a member of the armed forces of the United States, or other
legitimate and bona fide cause, shall not affect the six months' period or
the one year period specified in the preceding sentence, provided the
person has otherwise retained residence in this state. 15 VSA § 592 Name
of court and title of action/parties An action for divorce is filed in the
Family Court. The action is instituted by the filing of the Complaint for
Divorce, while the document granting the dissolution is referred to as the
Final Divorce Order. The party instituting the action is referred to as
the Plaintiff, and the opposing party is the Defendant.
Where to File - Venue Complaints for divorce shall be brought in the
county in which the parties or one of them resides. 15 VSA § 593 Property
Division The court shall settle the rights of the parties to their
property, by including in its judgment provisions which equitably divide
and assign the property. All property owned by either or both of the
parties, however and whenever acquired, shall be subject to the
jurisdiction of the court. Title to the property, whether in the names of
the husband, the wife, both parties, or a nominee, shall be immaterial,
except where equitable distribution can be made without disturbing
separate property.
In making a property settlement the court may consider all relevant
factors, including but not limited to:
The length of the marriage; The age and health of the parties; The
occupation, source and amount of income of each of the parties; Vocational
skills and employability; The contribution by one spouse to the education,
training, or increased earning power of the other; The value of all
property interests, liabilities, and needs of each party; Whether the
property settlement is in lieu of or in addition to maintenance; The
opportunity of each for future acquisition of capital assets and income;
The desirability of awarding the family home or the right to live there
for reasonable periods to the spouse having custody of the children; The
party through whom the property was acquired; and The contribution of each
spouse in the acquisition, preservation, and depreciation or appreciation
in value of the respective estates, including the nonmonetary contribution
of a spouse as a homemaker; The respective merits of the parties. 15 VSA.
§ 751 » Return to top Alimony The court may order either spouse to make
maintenance payments, either rehabilitative or permanent in nature, to the
other spouse if it finds that the spouse seeking maintenance: Lacks
sufficient income, property, or both, to provide for his or her reasonable
needs, and Is unable to support himself or herself through appropriate
employment at the standard of living established during the marriage or is
the custodian of a child of the parties.
The maintenance order shall be in such amounts and for such periods of
time as the court deems just, after considering all relevant factors
including, but not limited to:
The financial resources of the party seeking maintenance, the property
apportioned to the party, the party's ability to meet his or her needs
independently, and the extent to which a provision for support of a child
living with the party contains a sum for that party as custodian; The time
and expense necessary to acquire sufficient education or training to
enable the party seeking maintenance to find appropriate employment; The
standard of living established during the marriage; The duration of the
marriage; The age and the physical and emotional condition of each spouse;
The ability of the spouse from whom maintenance is sought to meet his or
her reasonable needs while meeting those of the spouse seeking
maintenance; and Inflation with relation to the cost of living. 15 VSA. §
752 » Return to top Parental Rights and Responsibilities The court may
order parental rights and responsibilities to be divided or shared between
the parents on such terms and conditions as serve the best interests of
the child. When the parents cannot agree to divide or share parental
rights and responsibilities, the court shall award parental rights and
responsibilities primarily or solely to one parent. In making an order
awarding parental rights and responsibilities, the court shall be guided
by the best interests of the child, and shall consider at least the
following factors: The relationship of the child with each parent and the
ability and disposition of each parent to provide the child with love,
affection and guidance; The ability and disposition of each parent to
assure that the child receives adequate food, clothing, medical care,
other material needs and a safe environment; The ability and disposition
of each parent to meet the child's present and future developmental needs;
The quality of the child's adjustment to the child's present housing,
school and community and the potential effect of any change; The ability
and disposition of each parent to foster a positive relationship and
frequent and continuing contact with the other parent, including physical
contact, except where contact will result in harm to the child or to a
parent; The quality of the child's relationship with the primary care
provider, if appropriate given the child's age and development; The
relationship of the child with any other person who may significantly
affect the child; The ability and disposition of the parents to
communicate, cooperate with each other, and make joint decisions
concerning the children where parental rights and responsibilities are to
be shared or divided. In addition, the court shall consider evidence of
abuse, and the impact of the abuse on the child and on the relationship
between the child and the abusing parent.
The court shall not apply a preference for one parent over the other
because of the sex of the child, the sex of a parent or the financial
resources of a parent. 15 VSA § 665
Any agreement between the parents which divides or shares parental
rights and responsibilities shall be presumed to be in the best interests
of the child. An agreement between the parties which is a complete
agreement on parental rights and responsibilities shall include provisions
that address at least the following: Physical living arrangements; Parent
child contact; Education of the minor child; Medical, dental and health
care; Travel arrangements; Procedures for communicating about the child's
welfare; and If parental rights and responsibilities are to be shared or
divided, procedures for resolving disputes. Such procedures may include
but shall not be limited to mediation and binding arbitration.
If the court finds that an agreement between the parents is not in the
best interests of the child or if the court finds that an agreement was
not reached voluntarily the court shall refuse to approve the agreement.
15 VSA § 666
Parent Child Contact The legislature finds and declares as public
policy that after parents have separated or dissolved their marriage it is
in the best interests of their minor child to have the opportunity for
maximum continuing physical and emotional contact with both parents,
unless direct physical harm or significant emotional harm to the child or
a parent is likely to result from such contact. 15 VSA § 650 » Return to
top Child support The legislature finds and declares as public policy that
parents have the responsibility to provide child support and that child
support orders should reflect the true costs of raising children and
approximate insofar as possible the standard of living the child would
have enjoyed had the marriage not been dissolved. 15 VSA § 650 Guidelines
for child support have been established which reflects the percent of
combined available income which parents living in the same household in
Vermont ordinarily spend on their children. The amounts of child support
determined under the guideline shall be presumed to be the total support
obligation of parents. 15 VSA § 654
Except in situations where there is shared or split physical custody,
the total child support obligation shall be divided between the parents in
proportion to their respective available incomes and the noncustodial
parent shall be ordered to pay, in money, his or her share of the total
support obligation to the custodial parent. The custodial parent shall be
presumed to spend his or her share directly on the child. 15 VSA § 656
The total support obligation shall be presumed to be the amount of
child support needed. Upon request of a party, the court shall consider
the following factors in respect to both parents. If, after consideration
of these factors, the court finds that application of the guidelines is
unfair to the child or to any of the parties, the court may adjust the
amount of child support:
The financial resources of the child. The financial resources of the
custodial parent. The standard of living the child would have enjoyed had
the marital relationship not been discontinued. The physical and emotional
condition of the child. The educational needs of the child. The financial
resources and needs of the noncustodial parent. Inflation. The costs of
meeting the educational needs of either parent, if the costs are incurred
for the purpose of increasing the earning capacity of the parent.
Extraordinary travel and other travel-related expenses incurred in
exercising the right to parent-child contact. Any other factors the court
finds relevant.
If the parties agree, the court may include in the child support order
an additional amount designated for the purpose of providing for
postsecondary education. 15 VSA § 659
Name change Upon granting a divorce to a woman, unless good cause is
shown to the contrary, the court may allow her to resume her maiden name
or the name of a former husband. 15 VSA § 558 The court may change the
names of the minor children of divorced parents when application for that
purpose is made in the complaint for divorce. 15 VSA § 559
Abnaki Adamant Adams Landing Addison
Albany Albany Center Alburg Alpine Haven Andover Arlington Arlington
Center Arnold Bay Ascutney Athens Averill Bakersfield Baltimore Barnard
Barnet Barnet Center Barnumsville Barnumtown Barnumville Barre Barre
Junction Barton Bartonsville Basin Harbor Beaulieus Corner Beebe Plain
Beecher Falls Bellows Falls Belmont Belvidere Belvidere Center Belvidere
Corners Belvidere Junction Bennington Bennington College Benson Benson
Landing Berkshire Berkshire Center Berlin Bethel Binghamville Birdland
Bliss Pond Blissville Bloomfield Bolton Bolton Valley Bomoseen Bondville
Bordoville Boutswells Bowlsville Bradford Braintree Branch Brandon
Brattleboro Brattleboro Center Bread Loaf Bridgewater Bridgewater Center
Bridgewater Corners Bridport Brighton Brimstone Corners Bristol Brockways
Mills Bromley Mountain Brookfield Brookfield Center Brookline Brookside
Brookville Brownington Brownsville Brunswick Buels Gore Burke Burke
Mountain Burlington Burlington International Air Button Bay Cabot Cadys
Falls Calais Cambridge Cambridgeboro Cambridgeport Camp Johnson Canaan
Castleton Castleton State College Cavendish Cedar Beach Center Rutland
Charleston Charlotte Chelsea Chester Chester Depot Chimney Point Chipman
Lake Chipmans Point Chippenhook Chiselville Chittenden Clarendon Clarendon
Springs Clementwood Cleveland Corner Cloverdale Colbyville Colchester
Concord Concord Corner Cookville Corinth Corinth Center Corinth Corners
Cornwall Coventry Craftsbury Craftsbury Common Crow Hill Crown Point
Crystal Beach Cuttingsville Danby Danby Corners Danville Danville Center
Derby Derby Line Dorset Downingville Dummerston Duxbury Eagle Point East
Albany East Arlington East Barnard East Barre East Berkshire East Bethel
East Brookfield East Burke East Cabot East Calais East Charleston East
Concord East Corinth East Craftsbury East Dorset East Dover East
Dummerston East Elmore East Enosburg East Fairfield East Franklin East
Granville East Hardwick East Haven East Highgate East Hill East Hubbardton
East Jamaica East Johnson East Lyndon East Middlebury East Montpelier East
Montpelier Center East Orange East Peacham East Pittsford East Poultney
East Putney East Randolph East Roxbury East Rupert East Ryegate East Saint
Johnsbury East Sheldon East Sutton Ridge East Thetford East Wallingford
East Warren Eden Eden Mills Elmore Ely Enosburg Enosburg Center Enosburg
Falls Essex Essex Center Essex Junction Evansville Fair Haven Fairfax
Fairfield Fairfield Pond Fairground Fairgrounds Fairlee Fayston Felchville
Ferdinand Ferrisburg Fieldsville Fletcher Florence Fonda Fonda Junction
Forest Dale Franklin Fredetteville Gageville Gallup Mills Garfield
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Gould Hill Grafton Grahamville Granby Granby Valley Grand Isle
Graniteville Granville Green Corner Green River Greenbush Greensboro
Greensboro Bend Groton Grout Guildhall Guilford Guilford Center Halifax
Hammondsville Hancock Hardwick Harmonyville Harrisville Hartford Hartland
Hartland Four Corners Healdville Heartwell Heartwellville Hectorville
Herrick Highgate Highgate Center Highgate Falls Highgate Springs Hill West
Hinesburg Hog Island Holland Hortonville Hubbardton Huntington Huntington
Center Huntington Lower Village Hutchins Hyde Park Hydeville Indian Point
Inwood Ira Irasburg Irasville Island Pond Isle La Motte Jacksonville
Jamaica Jay Jay Peak Jeffersonville Jenneville Jericho Jericho Center
Jerusalem Joes Pond Johnsbury Johnson Jones Brook Jonesville Kansas Keeler
Bay Keelers Bay Killington Kimballs Kirby Knights Point Lagrange Lake
Carmi Lake Dunmore Lake Elmore Lake Emerald Lake Hinevah Lake Hortonia
Lake Iroquois Lake Lamoille Lake Morey Lake Park Lake Rescue Lake St
Catherine Lake Valley Lakewood Landgrove Leicester Lemington Lillieville
Lincoln Londonderry Long Point Lowell Lower Cabot Lower Granville Lower
Plain Lower Waterford Lower Websterville Ludlow Lunenburg Lyman Lyndon
Lyndon Center Lyndon Corners Lyndonville Mackville Mad River Glen Madonna
Maidstone Manchester Manchester Center Manchester Village Maple Dell
Maquam Marlboro Marlboro College Marshfield Mary Meyer McIndoe Falls
Mechanicsburg Medburyville Mendon Middlebury Middlesex Middlesex Center
Middletown Middletown Springs Mile Point Miles Pond Mill Village Milton
Monkton Monkton Ridge Montgomery Montgomery Center Montpelier Montpelier
Junction Moretown Morgan Morgan Center Morristown Morrisville Morses Line
Morses Mills Moscow Mosquitoville Mount Holly Mount Philo Mount Snow Mount
Tabor Mud City Neshobe Beach New Haven New Haven Junction New Haven Mills
Newark Newark Hollow Newbury Newbury Center Newfane Newport Newport Center
Newport City North Bennington North Burlington North Calais North
Chittenden North Clarendon North Concord North Derby North Duxbury North
Fayston North Ferrisburg North Hartland North Hero North Hyde Park North
Middlesex North Montpelier North Orwell North Pawlet North Pomfret North
Pownal North Randolph North Rupert North Shaftsbury North Shrewsbury North
Springfield North Thetford North Troy North Tunbridge North Westminster
North Windham North Wolcott Northfield Northfield Falls Norton Norwich
Norwich University Olympus Orange Orchard Lane Orleans Orwell Owls Head
Harbor Panton Paper Mill Village Passumpsic Pawlet Peacham Pearl
Peaseville Pedden Acres Pekin Perkinsville Peru Pikes Falls Pinewood
Pittsfield Pittsford Pittsford Mills Plainfield Pleasant Valley Plymouth
Plymouth Kingdom Plymouth Union Point Farm Popsquash Post Mills Potash Bay
Potash Point Pottersville Poultney Pownal Pownal Center Proctor
Proctorsville Putney Quechee Queen City Queen City Park Ralston Corner
Randolph Randolph Center Rareville Rawsonville Reading Reading Center
Readsboro Red Village Reedville Rices Mills Richford Richmond Ripton
Riverton Rixford Rochester Rockingham Rocky Dale Roxbury Roxbury Flat
Royalton Rupert Russellville Russtown Rutland Rutland Town Ryegate Ryegate
Corner Saint Albans Saint Albans Bay Saint George Saint Johnsbury Saint
Johnsbury Center Saint Michaels College Saint Rocks Salisbury Samsonville
Sandgate Saxtons River Scottsville Searsburg Shaftsbury Shaftsbury Center
Sharon Shawville Sheddsville Sheffield Sheffield Square Shelburne Sheldon
Sheldon Creek Sheldon Junction Sheldon Springs Sherburn Shoreham
Shrewsbury Simonsville Simpsonville Sky Acres Smithville Smugglers Notch
Sodom South Barre South Burlington South Chittenden South Corinth South
Dorset South Duxbury South End South Franklin South Hero South Lincoln
South Londonderry South Lunenburg South Newbury South Newfane South
Peacham South Pomfret South Poultney South Pownal South Reading South
Royalton South Ryegate South Shaftsbury South Starksboro South Strafford
South Walden South Wallingford South Wardsboro South Washington South
Wheelock South Windham South Woodbury South Woodstock Spankerton
Spoonerville Springfield Stamford Stannard Starksboro Stockbridge Stowe
Strafford Stratton Stratton Mountain Sudbury Sugarbush Valley Summer Point
Summit Sunderland Sutton Swamp Rd Swanton Sweek Hollow Taftsville The
Bluffs The Hollow Thetford Thetford Center Thetford Hill Tinmouth Topsham
Topsham Four Corners Townshend Trow Hill Troy True Blue Tunbridge Tyson
Underhill Underhill Center Underhill Flats Vergennes Vernon Vershire
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Dover West Dummerston West Enosburg West Fairlee West Ferrisburg West
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West Milton West Minster West Newbury West Pawlet West Rupert West Rutland
West Salisbury West Swanton West Topsham West Townshend West Wardsboro
West Waterford West Windsor West Woodstock Westfield Westford Westminster
Westminster Station Westminster West Westmore Weston Weston Priory
Weybridge Weybridge Hill Wheelock White River Junction Whiting Whitingham
Wilder Williamstown Williamsville Williston Wilmington Windham Windsor
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Village Woodstock Worcester
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