Divorce in Vermont

How to file for divorce in Vermont

1. Check residency. 6 months in Vermont before filing; one spouse must have lived in Vermont continuously for a full year before the final hearing.
2. Check any separation requirement. Living separate and apart for at least 6 consecutive months, with no reasonable prospect of reconciliation, is required for the no-fault ground.
3. Prepare and file the Complaint for Divorce with the Family Division of the Superior Court in your county. The filing fee is typically $90 to $295, and you can ask for a fee waiver if you cannot afford it.
4. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
5. Exchange financial disclosures. Income and Expense Affidavits and Property/Asset Affidavits are required when ordered or requested by the court.
6. Settle the issues in a written agreement, and a parenting plan if you have children.
7. Wait out the waiting period. A 90-day 'nisi' period follows the divorce decree before it becomes final (can be shortened or waived by agreement). Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months in Vermont before filing; one spouse must have lived in Vermont continuously for a full year before the final hearing.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: Living separate and apart for at least 6 consecutive months, with no reasonable prospect of reconciliation, is required for the no-fault ground.

How property is divided

Vermont uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Vermont uses the terms Parental Rights and Responsibilities (PR&R), with 'parent-child contact' instead of visitation. Every decision is made in the child's best interests.

Parenting class: Required statewide: divorcing parents must complete the COPE (Children of Parents in Every situation) parent-education program before the final hearing.

Child support: Vermont uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Vermont has no statutory maintenance formula and, unusually, does not automatically terminate spousal maintenance when the recipient remarries.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Stipulated divorce: Available when both spouses agree on all issues and file jointly; carries a lower $90 filing fee and a brief uncontested final hearing.

Legal separation: available in Vermont, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: a 90-day 'nisi' period follows the divorce decree before it becomes final (can be shortened or waived by agreement). A typical timeline is about 6 months or more if already separated and fully agreed; longer if contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Vermont

• A 90-day 'nisi' period follows the divorce decree before it becomes final, though it can be waived by agreement.
• Vermont's spousal maintenance does not automatically end when the recipient remarries, unlike most states.
• A judge cannot impose shared parental rights and responsibilities on parents who have not agreed to it.

Official resources

Official forms and instructions come from Vermont's courts. Sources we reviewed:

• vtcourts.gov
• outside.vermont.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.