Vermont's Residency Requirements

Either spouse must have been a resident of Vermont for 6 months or more before filing for divorce.

For the divorce to be finalized, either spouse must have been a Vermont resident for 1 year or more.

Vermont's Grounds for Divorce

Vermont residents may file for divorce under fault or no-fault grounds.

Vermont's no-fault grounds is:

• living separate and apart without cohabitation for 6 consecutive months without reconciliation

Vermont's fault grounds include:

• adultery
• cruel and inhuman treatment
• imprisonment for 3 years or more
• willful desertion for 7 years or more

Vermont's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Vermont court will make a ruling.

Vermont courts consider factors such as:

• each parent's ability to meet the child's current and future needs
• the child's adjustment to the community, school, and home
• whether a parent will encourage a meaningful relationship between the child and other parent

Vermont's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Vermont courts consider factors such as:

• the standard of living the child experienced during the marriage
• the impact inflation has on the cost of living
• each parent's other financial resources, needs, and other obligations

Vermont's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support type, or the courts may award spousal support.

Vermont courts consider factors such as:

• duration of the marriage
• the standard of living experienced during the marriage
• the impact inflation has on the cost of living
• each spouse's financial resourced, earning capacity, and assets

Vermont's Property Division Guidelines

Vermont has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Vermont courts consider factors such as:

• an increase in value due to one spouse contributions to the property, including acquisition and upkeep
• whether one spouse contributed to the other's education, career, and earning capacity
• the impact inflation has on the cost of living

Vermont's Venue Guidelines

The petitioner may file the divorce forms may be filed in their Vermont county of residence, or the respondent's Vermont county of residence.