Vermont Divorce FAQ — Most Common Questions (2026)

The Basics

When can I file for divorce in Vermont? Immediately — the day you arrive in Vermont. Vermont law requires 6 months of residency before the Decree is entered — not before filing (15 V.S.A. § 592). This is the opposite of most states. The 6-month clock runs while your case is pending.

Is there a waiting period after filing? No. Vermont has no mandatory waiting period after filing. The only timing constraint is the 6-month residency requirement before the Decree.

How much does it cost to file? Vermont's filing fee is $100 — one of the lowest in the country.

What are the grounds for divorce in Vermont? The primary no-fault ground is "irreconcilable differences" (15 V.S.A. § 551(7)) — which must have existed for at least 6 months. This is Vermont's specific qualifier.

Where do I file? At the Vermont Family Court — in the unit serving the county where either spouse lives. Vermont's Family Court uses "units" for its county-level subdivisions.

Residency and the 6-Month Rule

Does the 6-month rule mean I have to wait 6 months to file? No. You can file the day you arrive. The 6 months is required before the court enters the Decree — not before you file. The case just stays pending until the requirement is satisfied.

What if I'm ready to finalize before 6 months? The court will wait. No action needed — your case stays open until the 6-month milestone passes, then the court enters the Decree.

Financial Affidavit

Do I have to file a Financial Affidavit even in an uncontested divorce? Yes. Vermont requires a Financial Affidavit from both parties in all divorce cases — including uncontested agreed divorces. This is non-negotiable.

Property and Spousal Maintenance

Is property divided 50/50 in Vermont? No. Vermont is an equitable distribution state (15 V.S.A. § 751). Property is divided fairly based on the statutory factors — not automatically 50/50.

What is "spousal maintenance" in Vermont? Vermont uses the term "spousal maintenance" — not "alimony" or "spousal support." It is awarded at the court's discretion based on 15 V.S.A. § 752 factors.

Where do I record a deed after divorce in Vermont? At the Town Clerk's office for the town where the property is located. Vermont land records are maintained by town clerks — not county recorders.

Children

What is "legal responsibility" in Vermont? Vermont uses the term "legal responsibility" instead of legal custody. Similarly, Vermont uses "physical responsibility" instead of physical custody. When do I have to respond to a Vermont divorce complaint?

When does child support end? Generally at age 18 or upon completion of secondary school.

Last reviewed: March 2026 | File immediately (no minimum to file) | 6 months before DECREE (15 V.S.A. § 592) | No waiting period | $100 fee | Financial Affidavit required — both parties | "Spousal maintenance" (15 V.S.A. § 752) | "Legal responsibility" / "physical responsibility" | Vermont Town Clerk — land records | Equitable distribution (15 V.S.A. § 751) | 30-day response deadline | vermontjudiciary.org/family/divorce | vtlegalaid.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.