Everything to Know About Divorce in Vermont
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
If you’re getting a divorce in Vermont, you’re wise to educate yourself about the process and state rules around family law. This blog covers all the basics you need to know.
Prerequisites
Residency requirements
To file for divorce in Vermont:
- Initial residency: Either spouse must have lived in Vermont for at least six months before filing.
- Finalizing the divorce: A final divorce decree requires that one spouse has lived in Vermont continuously for at least one year.
Grounds for divorce
Vermont recognizes both no-fault and fault-based grounds for divorce:
- No-fault divorce: Requires that the spouses have lived separate and apart for at least six consecutive months with no reasonable probability of resuming marital relations. Notably, living separately and apart can occur under the same roof if the couple maintains separate lives. Usually, both spouses simply need to agree that they have been separated since a specified date.
- Fault-based divorce: Grounds include adultery, imprisonment for more than three years, intolerable severity (cruelty), willful desertion for seven years, permanent incapacity due to mental condition, and persistent financial neglect despite the ability to provide.
Waiting period
For a no-fault divorce, you need to fulfill the separation requirement of six months (see above).
How to file for divorce in Vermont
- Prepare the Complaint: Draft a "Complaint for Divorce" stating the grounds for divorce.
- File the Complaint: Submit the complaint to the Family Division of the Superior Court in the county where either spouse resides.
- Serve the other spouse: Legally deliver the divorce papers to the other spouse, typically via a sheriff or professional process server.
- Waiting period: A final divorce hearing cannot occur until the spouses have lived separate and apart for at least six months.
- Final hearing: Attend a court hearing where the judge reviews the case and issues a final divorce decree.
Costs associated with divorce in Vermont
The fee to initiate a divorce may vary by county. In general, $295.00 without a stipulation. If you cannot afford the fee, you can request a waiver from the court. Additional costs may include fees for serving papers, attorney fees, mediation, and court costs.
Property, asset & debt division in Vermont
Vermont follows the principle of equitable distribution:
- Equitable distribution: Marital property is divided fairly, though not necessarily equally, based on factors such as the length of the marriage, each spouse's contribution, and economic circumstances.
- Marital vs. separate property: Property acquired during the marriage is typically considered marital property, while assets owned before the marriage or received as gifts/inheritances are separate property.
Alimony (spousal maintenance) in Vermont
Alimony is determined on a case-by-case basis and must be requested.
- Purpose: To minimize the change in the standard of living for both spouses established during the marriage.
- Factors considered: Length of the marriage, both spouses' health and financial status, their earning capacities, and their contributions to the marriage, including child care and education.
- Types: Vermont recognizes both permanent (long-term) and rehabilitative (short-term) alimony.
Child custody and support in Vermont
Custody
Custody is determined based on the best interests of the child, considering factors like parental stability, the child's preference, and each parent's ability to provide care.
Support
Typically awarded to the parent with primary physical custody. The amount is calculated based on both parents' incomes and other child-related expenses. Visit the Office of Child Support website for more information or use Vermont’s Child Support Calculator.
Military divorce
If you have children and one spouse is absent because of active duty, your court’s judge may make temporary decisions around your divorce. This can include orders on things like parental rights and responsibilities and child support.
The court will appoint an attorney to represent the parent (military service member) before the default judgment. The court usually delays issuing final orders until the service member can take leave and come to court.
Legal separation and annulment in Vermont
- Legal separation: Vermont allows for legal separation, enabling couples to live apart without terminating the marriage.
- Annulment: Granted in rare, specific circumstances where the marriage is deemed legally invalid, such as cases involving fraud, bigamy, or incapacity.
Can you file for divorce online?
Yes, you can file your divorce forms online via this website.
After divorce: steps to take
As we mentioned at the beginning of this blog, the final divorce decree won't be issued until one spouse has lived in Vermont continuously for at least one year.
See our list of important things you may need to revise or update once your divorce is final.
Resources for divorce in Vermont
- Vermont Judiciary – Divorce Process
- Vermont Legal Aid – Divorce Roadmap
- Vermont Family Law – Property Division
Navigating a divorce in Vermont involves understanding state-specific procedures and requirements. From meeting residency criteria to comprehending property division and support obligations, being well-informed can facilitate a smoother process. Schedule a call with us to ensure your rights and interests are adequately protected.
