Vermont Divorce Laws 3

In: Vermont

Divorce Law Basics in the State of Vermont

Also See: Vermont Marriage Laws

Statute: Vermont State Divorce Code (Title 15, Chapter 11):

No-Fault Grounds:

  • Living separately without cohabitation for at six consecutive months

At-Fault Grounds:

  • Adultery
  • Confinement at hard labor in the state prison for life or for three years or more and is confined when the petition for divorce is filed
  • Intolerable severity
  • Willful desertion or when either party has been absent for seven years and not heard from during that time
  • Refusal or neglect to provide suitable maintenance despite ability to do so
  • Incurable insanity

Residency: Either party must be a resident of the state for at least six months year prior to filing and must be a resident of the state for at least one year before the final decree is granted

Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.

Property Distribution: Vermont relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution. Fault may be considered.

Alimony: Alimony may be awarded to either party at the discretion of the court. Fault is not considered.


  • Castellano

    Does VT allow for bifurcated divorces?

  • rose

    2 questions: 1.) how can I get alimony without the tax burden and2.) what would be the language for what alters or terminates my alimony?

  • belinda

    I grew up in florida and my son was born in florida, my husband moved me up to vermont so once we got to vermont he dropped me off @ his parents home n he returned to florida for a year and some months, he just recently moved back up to vermont with my son and I but now I want a divorce and want to know if I can move back to florida(where my son was born) where my family is. We got married in vermont does that mean I have to file there or can I move back to florida with my son even if he doesn’t allow it. My son is now two and him and he doesn’t have a close relationship w his dad(duh he barely knows him) my son won’t even stay in the same room alone with his dad. Please help.