Am I Eligible to File for Divorce in Vermont? (2026)

Disclaimer: General legal information only. Not legal advice.

Residency — File Immediately; 6 Months Before Decree

Vermont law (15 V.S.A. § 592): At least one party must have been a Vermont resident for 6 months before the Decree is entered — NOT before filing.

You can file the day you arrive in Vermont. There is no minimum residency required for filing.

The 6-month clock runs while the case is pending. If you have not yet reached 6 months when the case is otherwise ready to close, the court waits until the requirement is met.

Where to file: Vermont Family Court — file in the unit serving the county where either spouse lives.

Grounds for Divorce

No-Fault — Irreconcilable Differences (Primary)

(15 V.S.A. § 551(7)): Irreconcilable differences have caused the irremediable breakdown of the marriage, and the irreconcilable differences have existed for at least 6 months.

Note: Most couples easily satisfy the 6-month requirement given that most marriages experience difficulties for more than 6 months before filing.

Fault Grounds (Also Available — 15 V.S.A. § 551)

Vermont preserves fault grounds including:

• Adultery
• Willful desertion for 7 years
• Willful neglect or refusal to provide for the spouse
• Incurable insanity
• Conviction of an infamous crime
• Intolerable severity

Most Vermont divorces use irreconcilable differences.

Financial Affidavit — Required in All Cases

Vermont requires both parties to file a Financial Affidavit — a comprehensive sworn statement disclosing income, assets, debts, and living expenses. This is required in ALL Vermont divorce cases, including uncontested ones.

Property Division

Equitable distribution — 15 V.S.A. § 751. Vermont courts consider all relevant factors.

Marital property: All property acquired during the marriage. Separate property: Pre-marital property, gifts, inheritances — generally set apart.

Eligibility Checklist

• Vermont is current domicile — filing now ✅ (no minimum for filing)
• 6-month residency expected before Decree ✅
• Grounds: irreconcilable differences (existed 6+ months) ✅
• Financial Affidavit in preparation (both parties) ✅
• Property Settlement Agreement in progress ✅
• If children: Parenting Plan in progress ✅
• Forms: vermontjudiciary.org/family/divorce ✅

Last reviewed: March 2026 | File immediately — 6 months before DECREE (15 V.S.A. § 592) | "Irreconcilable differences" — 6 months (15 V.S.A. § 551(7)) | Family Court — unit | $100 fee | Financial Affidavit required | Equitable distribution (15 V.S.A. § 751) | Spousal maintenance | vermontjudiciary.org/family/divorce

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