By Neta, founder of SortMyDivorce · Published · Updated
6 months in Vermont before filing, and living separate and apart for one year is what the separation ground requires. Vermont does grant legal separation.
Vermont divorce has a few features that surprise people moving in from other states — all your property can be on the table, separation itself can be a ground for divorce, and even a final decree isn't quite final right away.
| Residency requirement | At least one spouse must have lived in Vermont for 6 months before filing; one spouse must have lived in Vermont continuously for a full year before the final divorce hearing can be held. |
|---|---|
| Grounds | No-fault: living separate and apart for at least 6 consecutive months with no reasonable likelihood of reconciliation. Fault-based grounds also exist under Vermont law but are rarely used. |
| Waiting period | Two distinct clocks, and neither is a separation period before filing. Living separate and apart for one year is required before the final hearing (15 V.S.A. §592). After the judge grants the divorce it enters as a nisi decree and does not become absolute for a further 90 days under §554, though the court may shorten that. |
| Legal separation | Vermont does grant legal separation. It settles the same questions a divorce settles — support, parenting and, depending on the case, property — but leaves the marriage in place, so neither spouse can remarry without a divorce. |
| If you were never married | Vermont does not create common-law marriage, and living together gives neither partner property or support rights. Claims rest on agreements between you. A common-law marriage validly formed in a state that does create them is generally still recognised. |
| Where you file | Family Division of the Vermont Superior Court, in the county where you or your spouse lives. |
| Filing fee | Payable when you file your opening divorce document. Set by regulation and revised from time to time. Filing fees are set by the court and change without notice: check the current schedule on the court's own website before you file, and ask about a fee waiver if the cost is a barrier. |
| Starting forms | Summons and Complaint for Divorce (Form 400-00836, with-children or without-children version), Information Sheet (Form 800), Statement of Confidential Information (Form 400-00849), Vermont Department of Health record (Form VDH-VR-DIV), and Notice of Appearance for Self-Represented Litigants (Form 400-00831) if you don't have a lawyer. |
| Simplified option | Yes — a stipulated divorce, where both spouses file all agreed-upon paperwork together at the start, carries a reduced filing fee and can allow the final hearing to be waived. Vermont civil unions are dissolved through this same Family Division divorce process. |
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Vermont is an equitable distribution state, but with a twist that matters: it is an 'all-property' state. Courts can consider dividing everything either spouse owns — property brought into the marriage, inheritances, gifts, and assets titled in one name only — not just what was acquired during the marriage. That doesn't mean everything gets split down the middle; courts still weigh factors like the length of the marriage, each spouse's contributions, and how and when property was acquired. But it does mean the common assumption that 'what's mine stays mine' isn't automatic in Vermont the way it is in some states, and it's worth understanding early rather than being surprised by it in a letter from the other side.
Divorces are filed in the Family Division of the Vermont Superior Court, in the county where either spouse lives. One common ground for divorce is that the couple has lived separate and apart for six consecutive months with no reasonable prospect of reconciling — a no-fault path many couples use instead of alleging specific fault. Vermont also has a residency requirement: generally one spouse needs to have lived in the state for a period before filing and through the case, so confirm the current rule on the Vermont Judiciary's website if your situation is not straightforward.
One more Vermont-specific wrinkle: after a final divorce order, there is typically a nisi period — a few months during which the order isn't yet absolute — before either spouse is legally free to remarry. It rarely changes how you prepare, but it explains why paperwork sometimes references a decree that isn't 'final-final' on the date it's signed.
Because Vermont courts can look at property regardless of when it was acquired, your documentation job is a bit broader than in a marital-property-only state. Gather: tax returns and recent pay statements; statements for every bank, retirement, and investment account, including ones you held before the marriage; records for any inheritance or gift, even old ones, showing where the money came from and where it went; property deeds, mortgage statements, and vehicle titles; and business records if either spouse is self-employed or owns a company. If you want to argue that certain premarital or inherited property shouldn't be divided, or should weigh differently, the paper trail showing its origin and history is what makes that argument possible.
Keep copies of every letter exchanged between lawyers or between you and the other spouse from the start. In an all-property state, early letters often reveal how the other side is framing what counts as 'marital' versus 'separate' — and having that record organized makes it much easier to spot when a position shifts.
Vermont courts decide parental rights and responsibilities based on the best interests of the child, considering factors like each parent's relationship with the child, ability to meet the child's needs, and willingness to foster the other parent's relationship with the child. Child support generally follows Vermont's child support guidelines, based primarily on both parents' incomes and the parenting schedule. As with property, specifics vary by case, so treat any number you calculate yourself as a starting point for discussion, not a final figure — confirm details with a local family law attorney.
Legal separation is available in Vermont. It is a court proceeding, and in most respects it runs like a divorce: the court can settle support, parenting arrangements and, depending on the case, the division of property, and the resulting order binds both spouses.
What it does not do is end the marriage. People choose it for a range of reasons — health coverage, religious conviction, immigration status, or simply not being ready — and it leaves the door open to reconciling without starting over.
Two consequences follow. Neither spouse can remarry unless they later obtain a divorce, and modifying the order generally takes the court's approval rather than a private agreement between you. If you expect to divorce eventually, ask what converting the separation into a divorce involves here before you start.
Vermont does not create common-law marriage. There is no number of years of living together that turns into a marriage here, and none of the divorce machinery on this page applies to a couple who never married — no property division, no spousal support, no residency requirement to satisfy, because there is nothing to dissolve.
What unmarried partners have instead are ordinary civil claims: whatever you agreed between yourselves, in writing or by clear conduct, and claims over property you actually hold jointly. These are argued like any other contract or property dispute rather than as family-law entitlements, and they turn on what can be proved.
One qualification runs the other way and matters. A common-law marriage validly formed in a state that does create them — Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised elsewhere. A couple who met that state's test while living there, and later moved here, are married, and separating means divorcing. Children are unaffected either way: custody and child support are decided on the same basis whether or not the parents married.
1) Start your documentation early, and don't assume premarital or inherited assets are irrelevant — Vermont's all-property rule means you'll likely need to account for them either way. 2) If you're relying on the six-month separation ground, keep a clear record of when separation actually began, since that date can matter for both the ground itself and for how property and support get evaluated. 3) Confirm the current residency requirement for your county's Family Division before filing. 4) Get at least one consultation with a Vermont family law attorney, even if you plan to handle much of the process yourself — the all-property rule and the nisi period are the kind of details worth having explained by someone licensed in the state. 5) Save every letter and note its date and deadline as it arrives, since the sequence of who proposed what, and when, tends to matter more in an all-property negotiation than people expect.
At least one spouse needs 6 months of Vermont residency to file, and one spouse must reach a full year of continuous residency before the final hearing. If you're short of six months, wait before filing.
If you and your spouse agree on property, debt, support, and parenting, you can file as a stipulated (uncontested) divorce, which carries a lower filing fee. If you don't agree yet, you'll file as a standard divorce and negotiate or litigate the open issues afterward.
Fill out Form 400-00836 — choose the 'with children' version if you have minor children (it also opens custody and child support) or the 'without children' version if you don't. Both spouses can sign together if the case is stipulated.
Along with the Complaint, file the Information Sheet (Form 800), Statement of Confidential Information (Form 400-00849), and a Vermont Department of Health record (Form VDH-VR-DIV). If you're self-represented, also file a Notice of Appearance (Form 400-00831).
Submit your paperwork to the Family Division of the Superior Court in the county where you or your spouse lives, and pay the filing fee (or file an Application to Waive Filing Fees and Service Costs if you can't afford it).
If you're filing alone, you must formally serve the Summons and Complaint on your spouse. If you're filing a stipulated divorce together, you can instead file an Acceptance of Service and skip formal service.
For a stipulated divorce, both spouses sign a Final Stipulation covering property, debts, and spousal support; if there are minor children, add a Parenting Agreement, both parties' Financial Affidavits, and a child support calculation.
The court won't finalize your divorce until you've been separated at least 6 months. If your stipulation is complete, you may be able to ask the court to waive the final hearing; otherwise you'll attend one.
Once the judge grants the divorce, Vermont imposes a 90-day nisi period before the judgment becomes final — keep this in mind if you need proof of a completed divorce for remarriage or other purposes.
Vermont is an equitable distribution state and, unusually, an all-property state. A court can consider dividing everything either spouse owns — including property brought into the marriage, inherited or received as a gift. Equitable means what the court considers fair, which is not necessarily an even split.
Vermont courts can consider all property owned by either spouse, including what was brought into the marriage or inherited, as part of an equitable distribution. Courts generally still weigh factors like when and how it was acquired — confirm specifics with a local family law attorney.
After a final divorce order, Vermont generally has a waiting period of a few months before the order becomes absolute and either spouse is free to remarry. It typically doesn't change how you prepare your case, but it's worth knowing so the paperwork timeline makes sense.
Living separate and apart for six consecutive months with no reasonable prospect of reconciliation is a commonly used no-fault ground in Vermont. Residency rules and other requirements still apply, so confirm the current rules with the Vermont Judiciary or a local attorney.
A legal separation in Vermont settles much of what a divorce settles — support, parenting and, depending on the case, property — and the order binds both spouses. The difference is that it does not end the marriage, so neither spouse can remarry without later obtaining a divorce. People use it for health coverage, religious reasons, immigration status, or because they are not ready to divorce. Changing the order generally requires the court's approval.
No. Vermont does not create common-law marriage, and living together for any length of time gives neither partner property division nor spousal support. Unmarried partners rely instead on agreements between themselves and on claims over jointly held property, argued as ordinary civil matters. One important exception: a common-law marriage validly formed in a state that does create them — such as Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised here, so that couple would need a divorce. Custody and child support apply regardless of marriage.
If you are in immediate danger, call 911. For support with domestic violence, contact Vermont's 24/7 statewide hotline at 1-800-228-7395. Nationally you can also reach the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788 if a call is not safe. For a mental health crisis, call or text 988.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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