Residency Requirements:
In order to file for divorce in Vermont, one spouse must have been a
resident of Vermont for at least 6 months before filing. In addition,
one spouse must have been a resident for 1 year before a final divorce
is made final. In cases involving child custody, there is a 6 months
waiting period after the defendant has been served with the divorce
papers before a hearing will be held. [Vermont Statutes Annotated;
Title 15, Sections 592 and 593 and Vermont Rules for Family Proceedings;
Rule 4].
Legal Separation:
The grounds for legal separation are similar to those for divorce:
1) living separate and apart without cohabitation for 6 months;
2) adultery; 3) imprisonment for 3 years or more or for life; 4)
willful desertion for 7 years; 5) cruel and inhuman treatment of
intolerable severity; 6) incurable mental illness; and 7) gross
neglect. Either spouse must be a resident of Vermont for 6 months
before filing for legal separation. [Vermont Statutes Annotated;
Title 15, Sections 551, 555, and 592].
General Divorce Procedure:
There are no legal provisions in Vermont for simplified divorce
procedures. In all divorce cases in Vermont, a hearing is required
and oral testimony of witnesses is required. However, in cases
involving children, the court may, without a hearing, accept the
written agreement of the parents regarding the children. An official
statistical data sheet must also be filed with the Complaint and a
statement of income and assets must be filed. [Vermont Statutes
Annotated; Title 15, Section 662 and Vermont Rules for Family
Proceedings; Rule 4].
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Grounds for Vermont Divorce:
No-fault:
Vermont accepts as a No-fault grounds for divorce: Living separate
and apart without cohabitation for 6 consecutive months, without a
probability of marital relations is not reasonable probable.
[Vermont Statutes Annotated; Title 15, Section 555].
Fault-based:
Fault-based grounds for divorce in Vermont include:
1) adultery;
2) willful desertion for 7 years;
1) gross neglect;
2) cruel and inhuman treatment;
1) incurable mental illness;
2) imprisonment for 3 or more years or life.
[Vermont Statutes Annotated; Title 15, Section 551].
Mediation or Counseling:
The court may delay the proceedings for 30-60 days if one of the spouses
denies that they have lived apart for the required time.
[Vermont Statutes Annotated; Title 15, Section 552].
Where to file for divorce:
e divorce may be filed in the county of either spouse.
Title of Divorce action:
The Complaint for divorce.
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