Southern Vermont Justice

Divorce process may take A LOT of your time and effort. Below are 5 legal criteria that may significantly postpone your divorce in Vermont.

1. RESIDENCY: To file for divorce, you or your spouse must have resided in Vermont for at least 6 months. One of you must have lived continuously in the state for at least a year before the final divorce hearing can be held.
2. SEPARATION: You can file for divorce before, during, or after your separation from a spouse. BUT, your divorce hearing can happen only 6 months AFTER you’ve been separated.
   Note that living separate means not living as a couple. You and your spouse can still live in the same home, but you need to sleep in separate rooms and keep your households apart.
3. GROUNDS FOR DIVORCE: In Vermont, most apply for a “no fault divorce”, which means there’s no determination which spouse was wrong or guilty of marital misconduct. In order to be qualified for a “no fault divorce”, you and your spouse must live separately for at least 6 months.
4. MINOR CHILDREN: If you have minor children, the court may not allow your final divorce hearing until 6 months AFTER the divorce process starts. If you and your spouse had a stable parenting agreement for at least 6 months, you may qualify for a faster divorce completion.
5. WAITING PERIOD: Even after you attended your final hearing, you and your spouse are still not divorced. Vermont establishes 3-month waiting period after the final hearing before the divorce is settled. The court may shorten or cancel the waiting period if you and your spouse both agree.

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