DocDraft Logo

Vermont Divorce Petition

Start your Vermont divorce case right. Our AI drafts a custom, court-ready petition tailored to state law, with licensed attorney review available.

Introduction

Known in Vermont as a Complaint for Divorce, the divorce petition is the opening court document one spouse uses to ask a judge to legally end the marriage and settle related issues such as property and support. Vermont keeps the traditional Plaintiff and Defendant labels, so the filing spouse is the Plaintiff and the responding spouse is the Defendant. Filing requires that one party has resided in Vermont for at least six months, and the court will not grant the divorce until one party has lived in the state for a full year before the final hearing (15 V.S.A. § 592). Most petitioners proceed on the no-fault ground of living separate and apart for six consecutive months with no reasonable probability of resuming marital relations (15 V.S.A. § 551(7)), while fault grounds such as adultery, cruelty, and desertion remain available under 15 V.S.A. § 551. After the final hearing, the decree does not become absolute right away, because Vermont imposes a three-month, 90-day 'nisi' period under 15 V.S.A. § 554, though the court may shorten it in some cases. The case is filed as a Complaint for Divorce and Summons in the Vermont Superior Court, Family Division.

0/5000

Key Things to Know

  1. 1

    Definition: In Vermont, the petition that opens a divorce is titled a Complaint for Divorce, the formal court pleading one spouse files to start the case and ask the court to legally end the marriage.

  2. 2

    Residency: At least one spouse must have resided in Vermont for six months before filing, and the court cannot grant the divorce until a party has lived in the state for one full year before the final hearing, under 15 V.S.A. § 592.

  3. 3

    Grounds: Vermont permits both no-fault and fault divorce; the leading no-fault ground is living separate and apart for six consecutive months with no reasonable probability of resuming the marriage (15 V.S.A. § 551(7)), while fault grounds like adultery, cruelty, desertion, and nonsupport survive under 15 V.S.A. § 551.

  4. 4

    Separation: On the no-fault ground, the six-month period living separate and apart is a genuine prerequisite, so the court will not grant the divorce on that basis until the parties satisfy it.

  5. 5

    Nisi waiting period: Under 15 V.S.A. § 554, the decree becomes absolute only three months (90 days) after the final hearing, and neither spouse may remarry until that 'nisi' period runs, though a judge may shorten it in some cases.

  6. 6

    Forms, court, and fee: The Plaintiff starts the case by filing a Complaint for Divorce with a Summons in the Vermont Superior Court, Family Division, and the filing fee is $295, with a fee waiver available to those who qualify.

  7. 7

    Property: Vermont is an equitable-distribution state under 15 V.S.A. § 751, so the court divides marital property fairly based on statutory factors rather than automatically splitting it 50/50.

Key decisions before you file

Before you file a Divorce Petition in Vermont, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

Customize your Divorce Petition Template with DocDraft

Filing a Divorce Petition in Vermont

In Vermont, a divorce begins when the Plaintiff files a Complaint for Divorce and Summons with the Vermont Superior Court, Family Division. Vermont keeps the traditional Plaintiff and Defendant labels, so the spouse who starts the case is the Plaintiff and the responding spouse is the Defendant. The filing fee is $295, and filers who cannot afford it may ask the court for a fee waiver. The Complaint must clear Vermont's residency thresholds before a judge will decide it.

Residency and the One-Year Rule

Vermont uses a two-part residency test under 15 V.S.A. § 592. One party must have resided in Vermont for at least six months before the Complaint is filed. That start alone will not end the marriage, because the court cannot grant the divorce until one party has lived in Vermont for a full year before the final hearing. Anyone who recently moved to Vermont should track both dates, since the one-year mark usually controls when the case can actually close.

Grounds: No-Fault and Fault

Vermont allows both no-fault and fault grounds under 15 V.S.A. § 551. Most cases rely on the no-fault ground in § 551(7): the spouses have lived separate and apart for six consecutive months, and resuming the marriage is not reasonably probable. That six-month separation is a real prerequisite, so the court will not grant a divorce on this basis until the parties satisfy it. Fault grounds, including adultery, intolerable severity, willful desertion, and nonsupport, stay available for spouses who choose to plead them.

The Nisi Waiting Period

A Vermont divorce does not become final at the hearing. Under 15 V.S.A. § 554, the decree becomes absolute only after a three-month, 90-day 'nisi' period, and neither spouse may remarry until that time runs. A judge may shorten the nisi period in appropriate cases. Together with the residency and separation rules, this waiting period means most Vermont divorces take many months from filing to a final decree.

Dividing Property

Vermont is an equitable-distribution state under 15 V.S.A. § 751. The Family Division divides marital property in a way it considers just, weighing factors such as the length of the marriage, each spouse's contributions, and their economic circumstances. Equitable does not mean equal, so a 50/50 split is never guaranteed, and the court may also order spousal maintenance when one spouse lacks enough income or property to meet reasonable needs.

Completing the Petition

A strong Complaint names the grounds, confirms the residency dates, and states the relief sought for property, spousal maintenance, and, where children are involved, parental rights and responsibilities. Using a structured divorce petition (/legal-document/divorce-petition) helps the Plaintiff capture each required element and match the pleading to Vermont's statutes before filing with the Superior Court, Family Division. Once the Summons and Complaint reach the Defendant through proper service, the case moves toward the final hearing and, after the 90-day nisi period, the absolute decree.

Vermont Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: One party must have resided in Vermont for at least 6 months before filing; a divorce will not be granted until one party has resided in Vermont for 1 year....

Residency (County)

Must file in the correct county Vermont Superior Court, Family.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. The predominant no-fault ground is living 'separate and apart' for six consecutive months with resumption of marital relations not reasonably probable (15 V.S.A. § 551(7)); fault grounds....

Waiting Period

Mandatory waiting period: The final divorce decree becomes absolute 3 months (90 days) after the final hearing , the statutory 'nisi' period (15....

Required Forms

Must file correct state forms: Complaint for Divorce and Summons (Summons and Complaint).

Property Division

Property is divided according to: Equitable distribution (15 V.S.A. § 751) laws.

Filing Fee

Filing fee is typically $295 unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

In Vermont, the divorce petition is a Complaint for Divorce, the formal pleading one spouse (the Plaintiff) files with the Vermont Superior Court, Family Division, to open a divorce case. It names the grounds for the divorce, confirms residency, and states what the filing spouse is asking the court to decide about property, support, and any children.

In many states the process is formally titled a dissolution of marriage, but Vermont statutes simply call the action a divorce. There is no separate dissolution proceeding here: the Complaint for Divorce is the petition, and 'divorce petition' and 'dissolution' refer to the same document that ends the marriage in Vermont.

Vermont uses a two-part test under 15 V.S.A. § 592. One party must have resided in Vermont for at least six months before filing the Complaint, but the court will not grant the divorce until one party has resided in the state for one full year before the final hearing.

Vermont allows both no-fault and fault grounds. The predominant no-fault ground is living separate and apart for six consecutive months with resumption of marital relations not reasonably probable (15 V.S.A. § 551(7)). Fault grounds such as adultery, cruelty, desertion, and nonsupport remain available under 15 V.S.A. § 551.

For the no-fault ground, yes. The parties must have lived separate and apart for six consecutive months before the court can grant the divorce on that basis. Spouses who plead a fault ground under 15 V.S.A. § 551 do not need to complete a prior period of separation.

Even after the final hearing, the decree becomes absolute only after a three-month (90-day) 'nisi' period under 15 V.S.A. § 554, and neither spouse may remarry until it runs. A judge may shorten it in some cases, but the residency, separation, and nisi rules together mean most Vermont divorces take many months.

You file a Complaint for Divorce together with a Summons (the Summons and Complaint) in the Vermont Superior Court, Family Division. The filing fee is $295, and you can request a fee waiver if you cannot afford the cost.

Vermont follows equitable distribution under 15 V.S.A. § 751. The Family Division divides marital property in a way it considers just, weighing factors like the length of the marriage and each spouse's contributions, so the split is fair but not automatically 50/50.