Vermont Divorce Guide
Everything you need to know about filing for divorce in Vermont — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Vermont Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 90 days — Under Vermont law and procedure, there is a general waiting period before a divorce can be finalized. For contested cases, the timeline depends on court scheduling. For stipulated (uncontested) divorces, the process can be completed more quickly, but the court must still review the stipulation and enter a final order. The six-month living apart requirement for the no-fault ground effectively acts as a pre-filing waiting period. |
| Filing Fee | $295(fee waiver available) |
| No-Fault Grounds | Living Apart for Six Months |
| Fault Grounds | Adultery, Imprisonment, Intolerable Severity (Cruelty), Willful Desertion or Absence, Persistent Refusal or Neglect of Support, Incurable Insanity |
| Property Division | Equitable Distribution |
| E-Filing | Available — Vermont uses the Odyssey File & Serve e-filing system. Attorneys and agency personnel are required to electronically file through the system. Self-represented litigants may use the system but are not required to do so. There is a $14 e-file use fee per filer/firm per case, payable upon first filing. The system is accessible through the Vermont Judiciary website. E-service is also available through the system for registered users. |
| Response Window | 21 days — Under the Vermont Rules of Civil Procedure Rule 12(a), the defendant has 21 days after service of the summons and complaint to file an answer or responsive pleading if served within Vermont. If served outside Vermont, the response time is 30 days. Failure to respond may result in default proceedings. |
Grounds for Divorce in Vermont
The married persons have lived apart for six consecutive months and the court finds that resumption of marital relations is not reasonably probable (15 V.S.A. § 551(7))
No-Fault Grounds
- Living Apart for Six Months — Under 15 V.S.A. § 551(7), a divorce may be granted when the married persons have lived apart for six consecutive months and the court finds that resumption of marital relations is not reasonably probable. This is the most commonly used ground for divorce in Vermont.
Fault-Based Grounds
- Adultery — Under 15 V.S.A. § 551(1), a divorce may be granted for adultery in either party.
- Imprisonment — Under 15 V.S.A. § 551(2), a divorce may be granted when either party is sentenced to confinement at hard labor for life or for three years or more and is actually confined at the time of the petition.
- Intolerable Severity (Cruelty) — Under 15 V.S.A. § 551(3), a divorce may be granted for intolerable severity in either party. This includes conduct that puts the other spouse in immediate danger by harming or threatening harm to physical or mental health.
- Willful Desertion or Absence — Under 15 V.S.A. § 551(4), a divorce may be granted for willful desertion or when either party has been absent for seven years and not heard of during that time.
- Persistent Refusal or Neglect of Support — Under 15 V.S.A. § 551(5), a divorce may be granted when a spouse with sufficient means persistently refuses or neglects to provide suitable maintenance for the other spouse.
- Incurable Insanity — Under 15 V.S.A. § 551(6), a divorce may be granted on the ground of permanent incapacity due to a mental condition or psychiatric disability as defined in sections 631-637 of the title.
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How to File for Divorce in Vermont
Meet Residency Requirements
You must have lived in Vermont for at least 6 months before filing. Under 15 V.S.A. § 592, a complaint for divorce may be brought if either party has resided in Vermont for six months or more. However, a divorce shall not be decreed unless the plaintiff or defendant has resided in the state for one year preceding the date of the final hearing. Temporary absence from the state for illness, employment, military service, or other legitimate cause does not affect these residency periods. A special exception allows non-residents to file in the county where the marriage certificate was filed if both parties stipulate to all issues and there are no minor children.
Complete Your Forms
Vermont requires 3 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $295 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: sheriff, private process server, certified mail, waiver of service, publication. Under the Vermont Rules of Civil Procedure, process must be served within the time limits set by the court. Personal service is the preferred method. In stipulated divorces, the parties typically file jointly and service is acknowledged in the filing. Vermont also allows e-service through Odyssey File & Serve for registered users.
Wait for Response & Finalize
Your spouse has 21 days to respond. After the 90-day waiting period, the court can issue your final decree.
Special Rules in Vermont
Stipulated Divorce Option
Vermont offers a streamlined stipulated divorce process for couples who agree on all issues. Filing with a complete stipulation reduces the filing fee to $90 (compared to $295 for a contested filing). The court may waive the final hearing in stipulated cases.
Six-Month Living Apart Requirement
The most commonly used no-fault ground under 15 V.S.A. § 551(7) requires that the parties have lived apart for six consecutive months before the court can grant a divorce on this basis. This effectively acts as a pre-filing waiting period.
Nonresident Divorce Exception
Under 15 V.S.A. § 592, non-residents may file for divorce in the county where the marriage certificate was filed if they file a joint stipulation resolving all issues, have no minor children, and neither party's state of legal residence recognizes the Vermont marriage for divorce purposes.
Parent Education Requirement
If the divorcing couple has minor children, both parents are required to complete a parenting and divorce education course. There is a fee for the course, which may be waived in cases of financial hardship.
Family Mediation Program
The Vermont Superior Court offers a Family Mediation Program with sliding fee scales. The court may refer contested custody or parenting disputes to mediation. The program provides subsidized mediation services for qualified participants.
Mandatory Requirements
Parenting Course Required
Vermont requires divorcing parents with minor children to complete a parenting and divorce education course. The course covers the impact of separation on children and strategies for cooperative co-parenting. There is a fee for the course, which may be waived in cases of financial hardship. The certificate of completion must be filed with the court.
Financial Disclosure
Both parties must exchange financial disclosures within 30 days of filing.
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