Vermont Divorce Information and
FAQ
To obtain a no-fault divorcc in the State of Vermont, the spouses must
have lived apart from each other for six consecutive months, and the court
must conclude that the resumption of marital relations is not reasonably
probable. The court will conclude that resumption is not probable unless
one of the spouses objects. 15 VSA § 551.
Waiting Period Except under extraordinary circumstances, no divorce
action shall be heard on its merits until after the expiration of six
months from the date of service, if the custody of a child or children of
either party is involved.
A decree of divorce shall become absolute at the expiration of three
months (the “nisi period”) from the entry thereof but, in its
discretion, the court may fix an earlier date upon which the decree shall
become absolute. If one of the parties dies prior to the expiration of the
“nisi period,” the decree shall be deemed absolute immediately prior
to death. 15 VSA § 554
Residency Requirements A complaint for divorce or annulment of marriage
may be brought if either party to the marriage has resided within the
state for a period of six months or more, but a divorce shall not be
decreed for any cause, unless the plaintiff or the defendant has resided
in the state one year next preceding the date of final hearing. Temporary
absence from the state because of illness, employment without the state,
service as a member of the armed forces of the United States, or other
legitimate and bona fide cause, shall not affect the six months' period or
the one year period specified in the preceding sentence, provided the
person has otherwise retained residence in this state. 15 VSA § 592 Name
of court and title of action/parties An action for divorce is filed in the
Family Court. The action is instituted by the filing of the Complaint for
Divorce, while the document granting the dissolution is referred to as the
Final Divorce Order. The party instituting the action is referred to as
the Plaintiff, and the opposing party is the Defendant.
Where to File - Venue Complaints for divorce shall be brought in the
county in which the parties or one of them resides. 15 VSA § 593 Property
Division The court shall settle the rights of the parties to their
property, by including in its judgment provisions which equitably divide
and assign the property. All property owned by either or both of the
parties, however and whenever acquired, shall be subject to the
jurisdiction of the court. Title to the property, whether in the names of
the husband, the wife, both parties, or a nominee, shall be immaterial,
except where equitable distribution can be made without disturbing
separate property.
In making a property settlement the court may consider all relevant
factors, including but not limited to:
The length of the marriage; The age and health of the parties; The
occupation, source and amount of income of each of the parties; Vocational
skills and employability; The contribution by one spouse to the education,
training, or increased earning power of the other; The value of all
property interests, liabilities, and needs of each party; Whether the
property settlement is in lieu of or in addition to maintenance; The
opportunity of each for future acquisition of capital assets and income;
The desirability of awarding the family home or the right to live there
for reasonable periods to the spouse having custody of the children; The
party through whom the property was acquired; and The contribution of each
spouse in the acquisition, preservation, and depreciation or appreciation
in value of the respective estates, including the nonmonetary contribution
of a spouse as a homemaker; The respective merits of the parties. 15 VSA.
§ 751 » Return to top Alimony The court may order either spouse to make
maintenance payments, either rehabilitative or permanent in nature, to the
other spouse if it finds that the spouse seeking maintenance: Lacks
sufficient income, property, or both, to provide for his or her reasonable
needs, and Is unable to support himself or herself through appropriate
employment at the standard of living established during the marriage or is
the custodian of a child of the parties.
The maintenance order shall be in such amounts and for such periods of
time as the court deems just, after considering all relevant factors
including, but not limited to:
The financial resources of the party seeking maintenance, the property
apportioned to the party, the party's ability to meet his or her needs
independently, and the extent to which a provision for support of a child
living with the party contains a sum for that party as custodian; The time
and expense necessary to acquire sufficient education or training to
enable the party seeking maintenance to find appropriate employment; The
standard of living established during the marriage; The duration of the
marriage; The age and the physical and emotional condition of each spouse;
The ability of the spouse from whom maintenance is sought to meet his or
her reasonable needs while meeting those of the spouse seeking
maintenance; and Inflation with relation to the cost of living. 15 VSA. §
752 » Return to top Parental Rights and Responsibilities The court may
order parental rights and responsibilities to be divided or shared between
the parents on such terms and conditions as serve the best interests of
the child. When the parents cannot agree to divide or share parental
rights and responsibilities, the court shall award parental rights and
responsibilities primarily or solely to one parent. In making an order
awarding parental rights and responsibilities, the court shall be guided
by the best interests of the child, and shall consider at least the
following factors: The relationship of the child with each parent and the
ability and disposition of each parent to provide the child with love,
affection and guidance; The ability and disposition of each parent to
assure that the child receives adequate food, clothing, medical care,
other material needs and a safe environment; The ability and disposition
of each parent to meet the child's present and future developmental needs;
The quality of the child's adjustment to the child's present housing,
school and community and the potential effect of any change; The ability
and disposition of each parent to foster a positive relationship and
frequent and continuing contact with the other parent, including physical
contact, except where contact will result in harm to the child or to a
parent; The quality of the child's relationship with the primary care
provider, if appropriate given the child's age and development; The
relationship of the child with any other person who may significantly
affect the child; The ability and disposition of the parents to
communicate, cooperate with each other, and make joint decisions
concerning the children where parental rights and responsibilities are to
be shared or divided. In addition, the court shall consider evidence of
abuse, and the impact of the abuse on the child and on the relationship
between the child and the abusing parent.
The court shall not apply a preference for one parent over the other
because of the sex of the child, the sex of a parent or the financial
resources of a parent. 15 VSA § 665
Any agreement between the parents which divides or shares parental
rights and responsibilities shall be presumed to be in the best interests
of the child. An agreement between the parties which is a complete
agreement on parental rights and responsibilities shall include provisions
that address at least the following: Physical living arrangements; Parent
child contact; Education of the minor child; Medical, dental and health
care; Travel arrangements; Procedures for communicating about the child's
welfare; and If parental rights and responsibilities are to be shared or
divided, procedures for resolving disputes. Such procedures may include
but shall not be limited to mediation and binding arbitration.
If the court finds that an agreement between the parents is not in the
best interests of the child or if the court finds that an agreement was
not reached voluntarily the court shall refuse to approve the agreement.
15 VSA § 666
Parent Child Contact The legislature finds and declares as public
policy that after parents have separated or dissolved their marriage it is
in the best interests of their minor child to have the opportunity for
maximum continuing physical and emotional contact with both parents,
unless direct physical harm or significant emotional harm to the child or
a parent is likely to result from such contact. 15 VSA § 650 » Return to
top Child support The legislature finds and declares as public policy that
parents have the responsibility to provide child support and that child
support orders should reflect the true costs of raising children and
approximate insofar as possible the standard of living the child would
have enjoyed had the marriage not been dissolved. 15 VSA § 650 Guidelines
for child support have been established which reflects the percent of
combined available income which parents living in the same household in
Vermont ordinarily spend on their children. The amounts of child support
determined under the guideline shall be presumed to be the total support
obligation of parents. 15 VSA § 654
Except in situations where there is shared or split physical custody,
the total child support obligation shall be divided between the parents in
proportion to their respective available incomes and the noncustodial
parent shall be ordered to pay, in money, his or her share of the total
support obligation to the custodial parent. The custodial parent shall be
presumed to spend his or her share directly on the child. 15 VSA § 656
The total support obligation shall be presumed to be the amount of
child support needed. Upon request of a party, the court shall consider
the following factors in respect to both parents. If, after consideration
of these factors, the court finds that application of the guidelines is
unfair to the child or to any of the parties, the court may adjust the
amount of child support:
The financial resources of the child. The financial resources of the
custodial parent. The standard of living the child would have enjoyed had
the marital relationship not been discontinued. The physical and emotional
condition of the child. The educational needs of the child. The financial
resources and needs of the noncustodial parent. Inflation. The costs of
meeting the educational needs of either parent, if the costs are incurred
for the purpose of increasing the earning capacity of the parent.
Extraordinary travel and other travel-related expenses incurred in
exercising the right to parent-child contact. Any other factors the court
finds relevant.
If the parties agree, the court may include in the child support order
an additional amount designated for the purpose of providing for
postsecondary education. 15 VSA § 659
Name change Upon granting a divorce to a woman, unless good cause is
shown to the contrary, the court may allow her to resume her maiden name
or the name of a former husband. 15 VSA § 558 The court may change the
names of the minor children of divorced parents when application for that
purpose is made in the complaint for divorce. 15 VSA § 559
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