Divorce Law Basics in the State of Vermont

Also See: Vermont Marriage Laws

Statute: Vermont State Divorce Code (Title 15, Chapter 11): leg.state.vt.us

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.