How to File for Divorce in Vermont (2026)
Reviewed by DocDraft Legal Team · Vermont · Last updated 2026-05-18
Vermont runs its divorce process on its own family-law code. Asset division here is equitable distribution (a fair, not automatically equal, split), and the no-fault ground is available after the required period of living separate and apart. The residency rule is its own: Either spouse must have resided in Vermont for at least 6 months before filing, and a spouse must have resided in Vermont for one year before the final divorce hearing; temporary absences for illness, employment, or military service do not break residency. This guide details what Vermont requires from filing through final decree, with 15 V.S.A. § 551 as the governing grounds statute.
Key Considerations
Vermont resolves the marital estate under a fair-but-not-equal equitable-distribution framework. Equitable (all-property) distribution: the court settles the rights of the parties to all property, whether acquired before or during the marriage, on twelve statutory factors including length of marriage, age and health, occupation and income, contribution, and the merits of each party. The controlling authority is 15 V.S.A. § 751.
Where children are involved, Vermont applies an income-shares model Income-shares guideline based on both parents' available income, the number of children, and parental-contact (overnight) adjustments, administered by the Vermont Office of Child Support. See 15 V.S.A. § 654; 15 V.S.A. § 656, with the official calculator.
For ongoing support, Maintenance (rehabilitative or long-term) may be awarded when a spouse lacks sufficient income or property and is unable to be self-supporting at the marital standard of living, weighing financial resources, time for education, standard of living, marriage duration, age and health, and ability to pay 15 V.S.A. § 752 sets the rule.
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Relevant Documents
For a Vermont case specifically, Complaint for Divorce filed in the Family Division of the Superior Court for the county where either spouse resides. The Vermont Judiciary publishes statewide forms: Form 800 (Information Sheet) and Form 400-00836 (Complaint for Divorce / Legal Separation / Civil Union Dissolution without children), accompanied by the 400-00023 Contested DIV/LS/CU Without Children Checklist (02/2025).
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Vermont Statutes Title 15: Domestic Relations, Chapter 11: Annulment and Divorce
This is Vermont's primary divorce law that establishes the grounds for divorce, including both fault-based and no-fault options. Vermont allows for no-fault divorce based on 'irreconcilable differences' leading to the breakdown of the marriage. Understanding these grounds is essential as they determine how you'll need to file.
Vermont Property Division Laws (15 V.S.A. § 751)
Vermont follows the 'equitable distribution' principle for dividing marital property during divorce. This doesn't necessarily mean a 50/50 split, but rather what the court deems fair based on various factors including length of marriage, age, health, occupation, income, and contributions to the marriage. This law is crucial to understand how your assets and debts will be divided.
Vermont Child Custody Laws (15 V.S.A. § 665)
Vermont courts determine child custody based on the 'best interests of the child' standard. The law outlines specific factors courts consider when determining parental rights and responsibilities (legal custody) and parent-child contact (physical custody). If you have children, this law directly impacts your parenting arrangements post-divorce.
Vermont Child Support Guidelines (15 V.S.A. § 654)
Vermont has established guidelines for calculating child support based on both parents' incomes and the needs of the children. These guidelines determine financial obligations for supporting children after divorce and are typically enforced regardless of custody arrangements.
Vermont Spousal Maintenance Laws (15 V.S.A. § 752)
This law governs alimony (called 'spousal maintenance' in Vermont). Courts may award temporary or permanent maintenance based on factors including the financial resources of both parties, the standard of living established during the marriage, and the ability of the spouse seeking maintenance to meet their reasonable needs.
Vermont Residency Requirements for Divorce (15 V.S.A. § 592)
To file for divorce in Vermont, either spouse must have been a resident of the state for at least six months before filing, and one spouse must have lived in Vermont for at least one year before the final divorce decree can be issued. This residency requirement must be met before Vermont courts have jurisdiction over your divorce.
Regional Variances
Northern Vermont
As Vermont's most populous county, Chittenden County divorce cases often move more quickly through the Family Division of the Superior Court. The Burlington court has more resources but also a higher caseload. Local practice typically includes mandatory mediation before trial dates are set, which is more strictly enforced than in rural counties.
Franklin County courts tend to have more traditional approaches to property division and may be more likely to consider fault-based factors in divorce proceedings. The court also has specific local rules regarding financial disclosure documentation that must be strictly followed.
Southern Vermont
Windham County courts are known for emphasizing alternative dispute resolution. The Family Division here strongly encourages collaborative divorce processes and may require additional settlement conferences before scheduling contested hearings.
Bennington County courts typically have shorter waiting periods between filing and final hearings compared to other southern counties. The court also has specific local procedures for handling cases involving cross-border issues with nearby New York and Massachusetts.
Central Vermont
As the location of the state capital (Montpelier), Washington County courts often have judges with extensive experience in complex divorce matters. The court has implemented specialized case management systems for high-conflict divorces and those involving substantial assets.
Rutland County courts have developed specific protocols for rural divorces involving agricultural assets and family farms. The court may appoint special masters with expertise in agricultural valuation when family farms are part of the marital estate.
Suggested Compliance Checklist
Verify jurisdiction first: Either spouse must have resided in Vermont for at least 6 months before filing, and a spouse.
Before filing days after startingThis is set by 15 V.S.A. § 592.
Plead the grounds for the divorce
Before filing days after startingNo-fault on living separate and apart for six consecutive months with no reasonable probability of resuming marital relations; fault grounds (adultery, intolerable severity, willful desertion, nonsupport) also available. Authority: 15 V.S.A. § 551.
Start the action: file the petition with the court
At filing days after startingComplaint for Divorce filed in the Family Division of the Superior Court for the county where either spouse resides. The Vermont Judiciary publishes statewide forms: Form 800 (Information Sheet) and Form 400-00836 (Complaint for Divorce / Legal Separation / Civil Union Dissolution without children), accompanied by the 400-00023 Contested DIV/LS/CU Without Children Checklist (02/2025). Expect a filing fee of approximately $295 for a contested divorce and approximately $90 for an uncontested stipulated divorce. A fee waiver is available: Application to Waive Filing Fees and Service Costs for filers unable to pay.
Serve the spouse and complete financial disclosure
After filing days after startingThe responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds.
Plan for the mandatory timing rule
After filing days after startingA mandatory 90-day nisi period after the decree before the divorce becomes absolute (final); the no-fault ground itself requires 6 consecutive months of living apart Set by 15 V.S.A. § 554.
Finalize the decree
Final step days after startingOnce the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Verify jurisdiction first: Either spouse must have resided in Vermont for at least 6 months before filing, and a spouse. | This is set by 15 V.S.A. § 592. | - | Before filing |
| Plead the grounds for the divorce | No-fault on living separate and apart for six consecutive months with no reasonable probability of resuming marital relations; fault grounds (adultery, intolerable severity, willful desertion, nonsupport) also available. Authority: 15 V.S.A. § 551. | - | Before filing |
| Start the action: file the petition with the court | Complaint for Divorce filed in the Family Division of the Superior Court for the county where either spouse resides. The Vermont Judiciary publishes statewide forms: Form 800 (Information Sheet) and Form 400-00836 (Complaint for Divorce / Legal Separation / Civil Union Dissolution without children), accompanied by the 400-00023 Contested DIV/LS/CU Without Children Checklist (02/2025). Expect a filing fee of approximately $295 for a contested divorce and approximately $90 for an uncontested stipulated divorce. A fee waiver is available: Application to Waive Filing Fees and Service Costs for filers unable to pay. | divorce-petition | At filing |
| Serve the spouse and complete financial disclosure | The responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds. | - | After filing |
| Plan for the mandatory timing rule | A mandatory 90-day nisi period after the decree before the divorce becomes absolute (final); the no-fault ground itself requires 6 consecutive months of living apart Set by 15 V.S.A. § 554. | - | After filing |
| Finalize the decree | Once the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage. | - | Final step |
Frequently Asked Questions
No-fault on living separate and apart for six consecutive months with no reasonable probability of resuming marital relations; fault grounds (adultery, intolerable severity, willful desertion, nonsupport) also available. The governing statute is 15 V.S.A. § 551.
Either spouse must have resided in Vermont for at least 6 months before filing, and a spouse must have resided in Vermont for one year before the final divorce hearing; temporary absences for illness, employment, or military service do not break residency. This is set by 15 V.S.A. § 592.
approximately $295 for a contested divorce and approximately $90 for an uncontested stipulated divorce. Application to Waive Filing Fees and Service Costs for filers unable to pay
Vermont uses equitable distribution (a fair, not automatically equal, split). Equitable (all-property) distribution: the court settles the rights of the parties to all property, whether acquired before or during the marriage, on twelve statutory factors including length of marriage, age and health, occupation and income, contribution, and the merits of each party. See 15 V.S.A. § 751.
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