Vermont recognizes both fault and no-fault grounds for divorce under Vermont Statutes Title 15, Chapter 11. The primary no-fault ground is irreconcilable differences, requiring the parties to establish that they are living separate and apart and that there is no reasonable expectation of reconciliation. Fault-based grounds include cruelty, desertion, cruel and inhuman treatment, and conviction of felony infidelity. However, Vermont emphasizes the no-fault approach.
File a Complaint for Divorce in the Family Division of the District Court in the county where either party resides. The complaint must specify the grounds for divorce and include information regarding property, debts, custody, and support. If both parties agree on all terms, they may file a Stipulation and Consent Order that streamlines the process. The responding party must be served with the complaint.
Vermont requires that the parties live separate and apart for at least six consecutive months before the court can order a judgment of divorce. This separation period demonstrates that the parties are genuinely separated and not likely to reconcile. The parties must establish that the separation is voluntary and that neither party reasonably expects reconciliation to occur.
Vermont follows the equitable distribution model for dividing marital property and debt. All property acquired during the marriage is subject to fair division by the court, considering the length of the marriage, the contribution of each spouse to the acquisition of the property, the earning capacity and earning history of each spouse, and the ability of each party to become self-supporting. Vermont Statutes Title 15, § 751 governs property division.
Marital property includes all property acquired during the marriage regardless of how it is titled. Separate property includes property acquired before the marriage, property acquired by gift or inheritance, and property acquired after the final divorce judgment. Property received as compensation for personal injury is also separate property.
The court considers the contribution of a spouse as a homemaker, the availability and desirability of retaining the home for the custodial spouse and children, and any tax consequences of the property division. The court may award a monetary award to one spouse to achieve an equitable result if division of property alone would be inequitable.
Vermont courts apply the "best interest of the child" standard when determining custody and parenting arrangements. Factors include the relationship of the child with each parent, the child's adjustment to home and school, the stability provided by each home, the character and fitness of each parent, the ability of each parent to provide emotional and physical care, and the child's wishes if the child is of sufficient maturity to express a meaningful preference.
Vermont law encourages joint parenting arrangements where both parents are involved in major decisions about the child's education, health, and welfare. The court may award joint legal custody to both parents while providing one parent with primary physical custody, or both parents may have joint physical custody with shared parenting time.
Parents must submit a parenting plan that outlines custody, visitation, and decision-making authority. The plan should address education, health care, religious upbringing, and other major decisions. If parents cannot reach agreement, the court will determine custody and parenting arrangements based on the child's best interests.
Vermont uses the term "final separation" in place of divorce. The court orders a judgment of divorce that establishes the final separation and addresses all associated issues including property division and custody. The final separation dissolves the marital relationship and is effective when the court order is entered, though there may be a nisi period.
After the court grants a judgment of divorce, there is a three-month nisi period before the divorce is absolutely final. During this period, either party can potentially request reconsideration. However, both parties can agree in writing to waive or shorten the nisi period, allowing the divorce to become final immediately.
Yes. Vermont requires that the parties live separate and apart for at least six consecutive months before the court can grant a judgment of divorce. This period is mandatory and cannot be waived. During this time, the parties should work toward resolution of property, custody, and support issues.
Vermont emphasizes that children have the right to a continuing relationship with both parents. The court considers the wishes of the child if sufficiently mature, encourages joint parenting when possible, and focuses on maintaining stability and meaningful contact with both parents. Vermont courts are flexible and can craft parenting arrangements tailored to the family's specific circumstances.