Vermont Divorce Laws: Residency, Waiting Period, Custody and Support
Vermont divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Vermont
- Residency requirement
- A divorce or annulment can be filed if either spouse has lived in Vermont for six months or more, but a divorce cannot be granted unless one spouse has lived in Vermont for the one year before the final hearing. 15 V.S.A. § 592
- Waiting period
- There is no separate waiting period after filing beyond the residency rules (one year of residence by the final hearing) and, for the no-fault ground, six months of living apart. 15 V.S.A. §§ 554, 551(7), 592
- Dividing property
- Vermont uses equitable distribution. All property owned by either or both spouses, however and whenever acquired, is subject to the court's division, and whose name is on the title does not control. 15 V.S.A. § 751
- Filing fee
- The fee to file for divorce, annulment, civil union dissolution or legal separation is $295 without a stipulation, $90 with a full stipulation (agreement) when one or both spouses are Vermont residents, or $180 with a stipulation when neither is a resident. Vermont Judiciary, Fees page (32 V.S.A. § 1431(b)(2)); Divorce page
- When child support ends
- The court may order child support to continue until the child reaches the age of majority or finishes secondary education (high school), whichever is later. 15 V.S.A. § 658(c)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | A divorce or annulment can be filed if either spouse has lived in Vermont for six months or more, but a divorce cannot be granted unless one spouse has lived in Vermont for the one year before the final hearing. Temporary absence for illness, out-of-state work, military service or another legitimate reason does not interrupt residence. Non-residents who married in Vermont may file a fully agreed divorce in the county where their marriage certificate was filed if their home state will not recognize the marriage for divorce and they have no minor children of the marriage. Source: 15 V.S.A. § 592 |
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| Grounds for divorce | Vermont's no-fault ground is living apart for six consecutive months when the court finds that resuming marital relations is not reasonably probable. Fault grounds are adultery, imprisonment for life or three years or more, intolerable severity, willful desertion (or absence for seven years without being heard from), persistent refusal or neglect to provide support when able, and permanent incapacity due to a mental condition. Source: 15 V.S.A. § 551 |
| Waiting period | There is no separate waiting period after filing beyond the residency rules (one year of residence by the final hearing) and, for the no-fault ground, six months of living apart. A divorce decree is first a "decree nisi" and becomes absolute 90 days after it is entered, unless the court sets an earlier date. If a party dies during the nisi period, the decree is treated as absolute immediately before death. Source: 15 V.S.A. §§ 554, 551(7), 592 |
| Filing fee | The fee to file for divorce, annulment, civil union dissolution or legal separation is $295 without a stipulation, $90 with a full stipulation (agreement) when one or both spouses are Vermont residents, or $180 with a stipulation when neither is a resident. If the case becomes contested, the difference must be paid before the final order. You can apply to waive filing fees and service costs. |
| Uncontested or simplified divorce | Spouses who agree on everything at the start can file a stipulated divorce, which has a lower filing fee, using the Judiciary's stipulation forms and checklists; the stipulation must be approved by the court. If certain requirements are met, the parties can ask to waive the final hearing with a Stipulation and Motion to Waive Final Hearing, but this is not available if an abuse prevention order is in effect between the parties. Forms can be completed with the VTCourtForms guided interview. Source: Vermont Judiciary, Divorce page |
| Divorce forms | The Vermont Judiciary posts fillable statewide forms to start a divorce in the Family Division: Complaint for Divorce/Legal Separation/Dissolution without Children (400-00836NoChildren) or with Children (400-00836Children), Information Sheet (400-00800), Notice of Appearance for Self-Represented Party (400-00831), Statement of Confidential Information (400-00849) and the Department of Health Record of Divorce or Annulment (VDH-VR-DIV). Forms can also be completed with VTCourtForms, a free online guided interview that fills in the forms for you to download, print or email. Parties can register for a Public Portal account to view their case online. |
Property and alimony
| Dividing property | Vermont uses equitable distribution. All property owned by either or both spouses, however and whenever acquired, is subject to the court's division, and whose name is on the title does not control. Factors include the length of the marriage, age and health, income and employability, contributions to the other's education or earning power, whether the division is in place of or in addition to maintenance, future opportunities to acquire assets, the family home for the custodial parent, the party through whom the property was acquired, each spouse's contributions (including as a homemaker), and the respective merits of the parties. An inheritance that has not yet vested is not part of the marital estate. Source: 15 V.S.A. § 751 |
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| Alimony (spousal support) | The court may order rehabilitative or long-term maintenance if the spouse seeking it lacks enough income or property to meet reasonable needs and cannot support themselves at the marital standard of living, or is the custodian of a child of the parties. The court considers financial resources, time needed for education or training, the marital standard of living, length of the marriage, age and health, the paying spouse's ability to pay, inflation, retirement, and statutory guidelines. The guidelines suggest, by length of marriage: under 5 years, 0–16% of the difference in gross incomes for up to one year or none; 5 to under 10 years, 12–29% for 20–50% of the marriage length; 10 to under 15 years, 16–33% for 40–60%; 15 to under 20 years, 20–37% for 40–70%; 20+ years, 24–41% for 45% (9–20+ years). Source: 15 V.S.A. § 752 |
Children: custody and support
| Child custody | Vermont calls custody "parental rights and responsibilities" and "parent-child contact." The court decides based on the child's best interests and must consider at least: the child's relationship with each parent; each parent's ability to provide food, clothing, medical care and a safe environment; ability to meet developmental needs; the child's adjustment to home, school and community; each parent's willingness to foster contact with the other parent; the relationship with the primary care provider; relationships with others; the parents' ability to communicate and decide jointly when rights are shared; and evidence of abuse. If the parents cannot agree to share or divide rights and responsibilities, the court must award them primarily or solely to one parent. The court may not prefer a parent based on sex or financial resources. The statute does not set an age at which a child's preference is considered. Source: 15 V.S.A. § 665 |
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| Emergency and temporary custody | In the Family Division, a party who has filed a motion about parental rights and responsibilities (custody) or parent-child contact can also file a Motion for Emergency Relief, which is not filed on its own but asks the court to consider the other motion on an emergency basis. On the form, the person can ask for a hearing as soon as possible and/or ask the court to immediately issue an emergency order protecting the person or children (or property) until the hearing, and must complete a supplemental affidavit explaining any immediate threat of personal injury to the person or child. Form: https://www.vtcourts.gov/media/258 |
| Parenting class or mediation | Yes. Parents with minor children involved in divorce, parentage, separation, civil union dissolution and changes in parental rights and responsibilities are required by Vermont judges to attend the COPE (Coping with Separation and Divorce) parenting seminar, a four-hour online class run by UVM Extension. Mediation is available through the Family Mediation Program, which offers subsidized services to qualifying people. |
| Grandparents' rights | A court that is deciding custody or visitation may award visitation to a grandparent on the grandparent's written request if it is in the child's best interests; the grandparent is not a party and cannot appeal. If a parent has died, is physically or mentally incapable of making a decision, or has abandoned the child, a grandparent may file a separate action in Superior Court. Best-interest factors include the emotional ties between grandparent and child, the relationship's nature and value, the parties' moral fitness and health, the child's reasonable preference if old enough, and the grandparent's willingness to encourage the child's relationship with the other parties. Source: 15 V.S.A. §§ 1011–1013 |
Child support
| Child support | Vermont's guideline is based on the percentage of combined parental income that parents in one Vermont household ordinarily spend on children, so children receive the same proportion of parental income as if the parents lived together (an income shares approach). The guideline amount is presumed correct, though the court may deviate. Sole custody for support purposes means the child spends more than 75% of nights with one parent; shared custody means at least 25% of nights with each parent. The Office of Child Support (DCF) provides an online calculator. Official calculator: https://dcf.vermont.gov/ocs/parents/calculator |
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| How to apply for child support | Apply to the Vermont Office of Child Support (OCS), part of the Department for Children and Families, by submitting the online Child Support Application, or contact OCS for a paper application and file it in person or by mail at a regional office. Services are free to parents and guardians who sign up. Applicants must be over 18 to apply online; people under 18 can call 1-800-786-3214 for help. People owed past-due court-ordered support may also be eligible. |
| When child support ends | The court may order child support to continue until the child reaches the age of majority or finishes secondary education (high school), whichever is later. The Office of Child Support says its services are for parents and guardians of children under 18 or still in high school. Source: 15 V.S.A. § 658(c) |
| Changing a child support order | Either parent, OCS, or another person entitled to or charged with support may ask the court to change a child support order by showing a real, substantial and unanticipated change of circumstances. A change that would make support vary more than 10% from the guideline amount counts as a change of circumstances, and so do receiving workers' compensation, disability or means-tested public assistance benefits, unemployment (unless already considered), and incarceration for more than 90 days (unless for failure to pay support). If the order has not been modified for at least three years, the court may waive the change-of-circumstances requirement. Orders can only be changed by the court; the Vermont Judiciary publishes forms to ask to modify or enforce a child support order, and OCS can help parents who apply for its services. DCF page: https://dcf.vermont.gov/services/child-support/order. Court forms: https://www.vermontjudiciary.org/family/child-support |
| If child support isn't paid | Vermont law provides wage withholding, an arrearage judgment lien, lottery offsets, credit reporting, tax refund offsets, trustee process (garnishment) and civil penalties. Driver's licenses, commercial driver's licenses, recreational licenses and professional or occupational licenses can be suspended, by the court or administratively by OCS, when a parent is behind by at least one-quarter of the annual support obligation; the parent gets 21 days to contest an administrative suspension. A parent who willfully fails to pay despite being able to can be held in contempt, and the court may order a work search, employment services or incarceration until the parent meets purge conditions set by the court. Contempt: https://legislature.vermont.gov/statutes/section/15/011/00603. Section list: https://legislature.vermont.gov/statutes/chapter/15/011 |
| State child support agency | Vermont's child support agency is the Office of Child Support (OCS) in the Department for Children and Families. Its services are free for parents and guardians of children under 18 or still in high school, and help with getting or paying child support; a safer approach is available for people who have experienced domestic violence. Apply through the "Apply for Child Support Services" page. Payments can be made 24/7 online with EZpay4kids or by other methods OCS lists, and parents can check their case through the Parent Login. Customer Service: 1-800-786-3214. |
| Official child support calculator | The Vermont Department for Children and Families, Office of Child Support (OCS), provides an online Child Support Calculator for the Vermont child support guidelines. The OCS page lists current guideline figures, including a Self Support Reserve of $1,596 per month (effective February 2, 2026) and Presumed Income of $99,513.00 (effective July 1, 2026); the guidelines calculation tables were updated January 2, 2024, with the next review due by January 2, 2028. |
Separation, annulment, records and marriage
| Legal separation | Yes. A legal separation, either permanent or for a limited time, may be granted for any of the grounds for which a divorce may be granted. It is filed using the same complaint forms as a divorce. |
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| Annulment | A marriage may be annulled if, at the time of the marriage, either party was under 16, was physically or mentally incapable of marriage, or consented because of force, fraud, threat of force, or other coercion or deception. A suit based on physical incapacity must be brought by the injured spouse within two years of the wedding. An under-16 annulment is not available if the parties freely lived together after reaching the age of consent. Marriages between close relatives or while a spouse is living are void. Source: 15 V.S.A. §§ 511–516 |
| Common-law marriage | No. Vermont does not recognize common-law marriage. Considering yourself married, or living together for many years, does not make a couple legally married; a marriage license from a town clerk and a solemnized ceremony are required. This is a 2017 state publication; it is not a statute or court page. |
| Changing your name after divorce | When granting a divorce, the court must allow a spouse to resume a prior name or the name of a former spouse unless good cause is shown otherwise. Outside of divorce, an adult of sound mind may change name by signing and acknowledging a name-change instrument before the Probate Division of the Superior Court in the district where the adult lives; a minor over 14 must consent in court. Source: 15 V.S.A. §§ 558, 811, 812 |
| Divorce records | To get a copy of a divorce order or other court record, send a Request for Access to Court Record form to the court that handled the case, by email, mail or in person. Paper copies cost 25 cents per page (minimum $1) and certified copies cost $5. If you only need proof of divorce, you can order a Certificate of Divorce instead: the Vermont Department of Health issues certificates for divorces from 2024 onward, and the Secretary of State's Vermont State Archives and Records Administration handles divorces from 2023 and earlier. Certified vital record copies cost $10 each (plus a $2 processing fee online). Health Department: https://www.healthvermont.gov/stats/vital-records/order-vital-records. State Archives: https://sos.vermont.gov/vsara/request/certified-vital-records/ |
Marriage and name changes
| Getting a marriage license | Any Vermont town clerk may issue a civil marriage license. Both parties sign an application on the State Registrar's form certifying that the facts are accurate, and at least one party must sign the license in front of the clerk. The license must be delivered to an authorized officiant and the marriage solemnized within 60 days of issue, or it becomes void. The marriage chapter sets no waiting period. The license fee is not set in this chapter; ask the town clerk. Source: 18 V.S.A. §§ 5131, 5137, 5141 |
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| Minimum marriage age | No one under 18 may marry, and a town clerk may not knowingly issue a license if either party is under 18; there is no parental-consent or court exception (law effective July 1, 2023). An adult under guardianship needs the guardian's written consent. Source: 18 V.S.A. § 5142 |
| Legal name change | An adult of sound mind changes their name by making, signing, sealing and acknowledging a written instrument in the statutory form before the judge of the Probate Division of the Superior Court in the district where they live, and filing it there. A certified copy of the decree can be used to ask the State Registrar to amend a Vermont birth certificate. Source: 15 V.S.A. §§ 811, 813, 816 |
Adoption, guardianship and paternity
| Adoption requirements | Any person may adopt, and a parent's partner may adopt the parent's child without ending the parent's rights if it is in the child's best interests. Adoptions of minors are filed in the Probate Division of the Superior Court where the petitioner or adoptee lives or the placing agency is located, and Vermont generally has jurisdiction if the child or prospective adoptive parent has lived in the state for six months. Consent is required from the birth mother, the identified or presumed father, and others listed in the statute, and from a child 14 or older (unless the court finds otherwise); a parent's rights may be terminated on clear and convincing evidence, for example if a parent of a child over six months old did not exercise parental responsibility for at least six months before the petition. Only a person with a favorable preplacement evaluation (completed or updated within 12 months) may take custody of a minor for adoption, though a court may waive it for good cause and placements with relatives are evaluated during the case instead. |
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| Stepparent adoption | Vermont has a separate stepparent adoption article. A stepparent has standing if, for example, the spouse has sole custody and the child lived with the spouse and stepparent for the six months before filing (12 months if the spouse shares joint legal custody). Consent is required from the child's parents (including the other parent), any court-authorized guardian, any placing agency, and the child if 14 or older, unless consent is not required (such as when the other parent's rights were terminated). A home study is not automatic: the court may order an evaluation of the stepparent to help decide whether the adoption is in the child's best interests. |
| Guardianship of a child | A parent or any person interested in a child's welfare may petition the Probate Division of the Superior Court. A consensual guardianship requires the custodial parents' signed consent and a written agreement on responsibilities, duration and parent-child contact; the court grants it on clear and convincing evidence that the child needs guardianship (for reasons such as a parent's illness, incarceration, military duty or another agreed reason), the consent and agreement are voluntary, the guardian is suitable, and guardianship is in the child's best interests. If a parent objects, the proposed guardian must prove by clear and convincing evidence that the child is abandoned or abused, lacks proper care, or is beyond parental control, and that the guardian is suitable. |
| Guardianship of an adult | An interested person may petition the Probate Division of the Superior Court. The petition must give specific reasons, the areas where supervision is requested, and the alternatives to guardianship that were considered with an explanation of why each is unavailable or unsuitable. An evaluation is prepared, and at the hearing the respondent may present and cross-examine witnesses. The court may appoint a guardian only if the petitioner proves by clear and convincing evidence that the respondent is a person in need of guardianship, and the judgment must specify the guardian's powers; otherwise the petition is dismissed and the records sealed. Source: 14 V.S.A. §§ 3063, 3068 |
| Establishing paternity | The person who gave birth and the alleged genetic parent (or an intended or presumed parent) may sign an acknowledgment of parentage, witnessed by at least one other person, before or after birth; it is filed with the Department of Health and is equivalent to a court adjudication. It can be rescinded by filing a witnessed rescission with the Department of Health or starting a court case within 60 days after it takes effect (or within 60 days of the first court hearing about the child, if earlier). After that, a signer may challenge it only for fraud, duress, coercion, threat of harm or material mistake of fact, within two years. |
| Emancipation of a minor | The Probate Division of the Superior Court may emancipate a minor who is at least 16, has lived apart from parents or guardian for three months or more, manages their own finances, is self-sufficient (with employment or other support that is not public assistance), and has a high school diploma or is passing an approved education program. The court must also find emancipation is in the minor's best interests, considering risk of harm, ability to assume adult responsibilities, adjustment to living apart, and the parents' views. Emancipation treats the minor as an adult for contracts, lawsuits, real estate, residence, criminal prosecution, and ends parental support and control, but does not change age-based laws such as the minimum age of 18 to marry or the drinking age. Minors on active military duty, or who married before July 1, 2023, are also emancipated. |
Where to get help in Vermont
Divorce & Family Law FAQ
How long do you have to live in Vermont to file for divorce?
A divorce or annulment can be filed if either spouse has lived in Vermont for six months or more, but a divorce cannot be granted unless one spouse has lived in Vermont for the one year before the final hearing. Temporary absence for illness, out-of-state work, military service or another legitimate reason does not interrupt residence. Non-residents who married in Vermont may file a fully agreed divorce in the county where their marriage certificate was filed if their home state will not recognize the marriage for divorce and they have no minor children of the marriage.
Is Vermont a no-fault divorce state?
Vermont's no-fault ground is living apart for six consecutive months when the court finds that resuming marital relations is not reasonably probable. Fault grounds are adultery, imprisonment for life or three years or more, intolerable severity, willful desertion (or absence for seven years without being heard from), persistent refusal or neglect to provide support when able, and permanent incapacity due to a mental condition.
Is there a waiting period for divorce in Vermont?
There is no separate waiting period after filing beyond the residency rules (one year of residence by the final hearing) and, for the no-fault ground, six months of living apart. A divorce decree is first a "decree nisi" and becomes absolute 90 days after it is entered, unless the court sets an earlier date. If a party dies during the nisi period, the decree is treated as absolute immediately before death.
How much does it cost to file for divorce in Vermont?
The fee to file for divorce, annulment, civil union dissolution or legal separation is $295 without a stipulation, $90 with a full stipulation (agreement) when one or both spouses are Vermont residents, or $180 with a stipulation when neither is a resident. If the case becomes contested, the difference must be paid before the final order. You can apply to waive filing fees and service costs.
How do you get an uncontested divorce in Vermont?
Spouses who agree on everything at the start can file a stipulated divorce, which has a lower filing fee, using the Judiciary's stipulation forms and checklists; the stipulation must be approved by the court. If certain requirements are met, the parties can ask to waive the final hearing with a Stipulation and Motion to Waive Final Hearing, but this is not available if an abuse prevention order is in effect between the parties. Forms can be completed with the VTCourtForms guided interview.
Is Vermont a community property state?
Vermont uses equitable distribution. All property owned by either or both spouses, however and whenever acquired, is subject to the court's division, and whose name is on the title does not control. Factors include the length of the marriage, age and health, income and employability, contributions to the other's education or earning power, whether the division is in place of or in addition to maintenance, future opportunities to acquire assets, the family home for the custodial parent, the party through whom the property was acquired, each spouse's contributions (including as a homemaker), and the respective merits of the parties. An inheritance that has not yet vested is not part of the marital estate.
How is alimony decided in Vermont?
The court may order rehabilitative or long-term maintenance if the spouse seeking it lacks enough income or property to meet reasonable needs and cannot support themselves at the marital standard of living, or is the custodian of a child of the parties. The court considers financial resources, time needed for education or training, the marital standard of living, length of the marriage, age and health, the paying spouse's ability to pay, inflation, retirement, and statutory guidelines. The guidelines suggest, by length of marriage: under 5 years, 0–16% of the difference in gross incomes for up to one year or none; 5 to under 10 years, 12–29% for 20–50% of the marriage length; 10 to under 15 years, 16–33% for 40–60%; 15 to under 20 years, 20–37% for 40–70%; 20+ years, 24–41% for 45% (9–20+ years).
How is child custody decided in Vermont?
Vermont calls custody "parental rights and responsibilities" and "parent-child contact." The court decides based on the child's best interests and must consider at least: the child's relationship with each parent; each parent's ability to provide food, clothing, medical care and a safe environment; ability to meet developmental needs; the child's adjustment to home, school and community; each parent's willingness to foster contact with the other parent; the relationship with the primary care provider; relationships with others; the parents' ability to communicate and decide jointly when rights are shared; and evidence of abuse. If the parents cannot agree to share or divide rights and responsibilities, the court must award them primarily or solely to one parent. The court may not prefer a parent based on sex or financial resources.
How is child support calculated in Vermont?
Vermont's guideline is based on the percentage of combined parental income that parents in one Vermont household ordinarily spend on children, so children receive the same proportion of parental income as if the parents lived together (an income shares approach). The guideline amount is presumed correct, though the court may deviate. Sole custody for support purposes means the child spends more than 75% of nights with one parent; shared custody means at least 25% of nights with each parent. The Office of Child Support (DCF) provides an online calculator.
Do you have to take a parenting class to divorce in Vermont?
Yes. Parents with minor children involved in divorce, parentage, separation, civil union dissolution and changes in parental rights and responsibilities are required by Vermont judges to attend the COPE (Coping with Separation and Divorce) parenting seminar, a four-hour online class run by UVM Extension. Mediation is available through the Family Mediation Program, which offers subsidized services to qualifying people.
Can you get a legal separation in Vermont?
Yes. A legal separation, either permanent or for a limited time, may be granted for any of the grounds for which a divorce may be granted. It is filed using the same complaint forms as a divorce.
What are the grounds for annulment in Vermont?
A marriage may be annulled if, at the time of the marriage, either party was under 16, was physically or mentally incapable of marriage, or consented because of force, fraud, threat of force, or other coercion or deception. A suit based on physical incapacity must be brought by the injured spouse within two years of the wedding. An under-16 annulment is not available if the parties freely lived together after reaching the age of consent. Marriages between close relatives or while a spouse is living are void.
Does Vermont recognize common-law marriage?
No. Vermont does not recognize common-law marriage. Considering yourself married, or living together for many years, does not make a couple legally married; a marriage license from a town clerk and a solemnized ceremony are required.
Do grandparents have visitation rights in Vermont?
A court that is deciding custody or visitation may award visitation to a grandparent on the grandparent's written request if it is in the child's best interests; the grandparent is not a party and cannot appeal. If a parent has died, is physically or mentally incapable of making a decision, or has abandoned the child, a grandparent may file a separate action in Superior Court. Best-interest factors include the emotional ties between grandparent and child, the relationship's nature and value, the parties' moral fitness and health, the child's reasonable preference if old enough, and the grandparent's willingness to encourage the child's relationship with the other parties.
How do you change your name back after a divorce in Vermont?
When granting a divorce, the court must allow a spouse to resume a prior name or the name of a former spouse unless good cause is shown otherwise. Outside of divorce, an adult of sound mind may change name by signing and acknowledging a name-change instrument before the Probate Division of the Superior Court in the district where the adult lives; a minor over 14 must consent in court.
At what age does child support end in Vermont?
The court may order child support to continue until the child reaches the age of majority or finishes secondary education (high school), whichever is later. The Office of Child Support says its services are for parents and guardians of children under 18 or still in high school.
How do I file for child support in Vermont?
Apply to the Vermont Office of Child Support (OCS), part of the Department for Children and Families, by submitting the online Child Support Application, or contact OCS for a paper application and file it in person or by mail at a regional office. Services are free to parents and guardians who sign up. Applicants must be over 18 to apply online; people under 18 can call 1-800-786-3214 for help. People owed past-due court-ordered support may also be eligible.
What happens if you don't pay child support in Vermont?
Vermont law provides wage withholding, an arrearage judgment lien, lottery offsets, credit reporting, tax refund offsets, trustee process (garnishment) and civil penalties. Driver's licenses, commercial driver's licenses, recreational licenses and professional or occupational licenses can be suspended, by the court or administratively by OCS, when a parent is behind by at least one-quarter of the annual support obligation; the parent gets 21 days to contest an administrative suspension. A parent who willfully fails to pay despite being able to can be held in contempt, and the court may order a work search, employment services or incarceration until the parent meets purge conditions set by the court.
How do you modify child support in Vermont?
Either parent, OCS, or another person entitled to or charged with support may ask the court to change a child support order by showing a real, substantial and unanticipated change of circumstances. A change that would make support vary more than 10% from the guideline amount counts as a change of circumstances, and so do receiving workers' compensation, disability or means-tested public assistance benefits, unemployment (unless already considered), and incarceration for more than 90 days (unless for failure to pay support). If the order has not been modified for at least three years, the court may waive the change-of-circumstances requirement. Orders can only be changed by the court; the Vermont Judiciary publishes forms to ask to modify or enforce a child support order, and OCS can help parents who apply for its services.
How do you get emergency custody in Vermont?
In the Family Division, a party who has filed a motion about parental rights and responsibilities (custody) or parent-child contact can also file a Motion for Emergency Relief, which is not filed on its own but asks the court to consider the other motion on an emergency basis. On the form, the person can ask for a hearing as soon as possible and/or ask the court to immediately issue an emergency order protecting the person or children (or property) until the hearing, and must complete a supplemental affidavit explaining any immediate threat of personal injury to the person or child.
Are divorce records public in Vermont, and how do I get a copy?
To get a copy of a divorce order or other court record, send a Request for Access to Court Record form to the court that handled the case, by email, mail or in person. Paper copies cost 25 cents per page (minimum $1) and certified copies cost $5. If you only need proof of divorce, you can order a Certificate of Divorce instead: the Vermont Department of Health issues certificates for divorces from 2024 onward, and the Secretary of State's Vermont State Archives and Records Administration handles divorces from 2023 and earlier. Certified vital record copies cost $10 each (plus a $2 processing fee online).
How do you get a marriage license in Vermont?
Any Vermont town clerk may issue a civil marriage license. Both parties sign an application on the State Registrar's form certifying that the facts are accurate, and at least one party must sign the license in front of the clerk. The license must be delivered to an authorized officiant and the marriage solemnized within 60 days of issue, or it becomes void. The marriage chapter sets no waiting period.
What is the legal age to get married in Vermont?
No one under 18 may marry, and a town clerk may not knowingly issue a license if either party is under 18; there is no parental-consent or court exception (law effective July 1, 2023). An adult under guardianship needs the guardian's written consent.
What are the requirements to adopt a child in Vermont?
Any person may adopt, and a parent's partner may adopt the parent's child without ending the parent's rights if it is in the child's best interests. Adoptions of minors are filed in the Probate Division of the Superior Court where the petitioner or adoptee lives or the placing agency is located, and Vermont generally has jurisdiction if the child or prospective adoptive parent has lived in the state for six months. Consent is required from the birth mother, the identified or presumed father, and others listed in the statute, and from a child 14 or older (unless the court finds otherwise); a parent's rights may be terminated on clear and convincing evidence, for example if a parent of a child over six months old did not exercise parental responsibility for at least six months before the petition. Only a person with a favorable preplacement evaluation (completed or updated within 12 months) may take custody of a minor for adoption, though a court may waive it for good cause and placements with relatives are evaluated during the case instead.
How does stepparent adoption work in Vermont?
Vermont has a separate stepparent adoption article. A stepparent has standing if, for example, the spouse has sole custody and the child lived with the spouse and stepparent for the six months before filing (12 months if the spouse shares joint legal custody). Consent is required from the child's parents (including the other parent), any court-authorized guardian, any placing agency, and the child if 14 or older, unless consent is not required (such as when the other parent's rights were terminated). A home study is not automatic: the court may order an evaluation of the stepparent to help decide whether the adoption is in the child's best interests.
How do you get guardianship of a child in Vermont?
A parent or any person interested in a child's welfare may petition the Probate Division of the Superior Court. A consensual guardianship requires the custodial parents' signed consent and a written agreement on responsibilities, duration and parent-child contact; the court grants it on clear and convincing evidence that the child needs guardianship (for reasons such as a parent's illness, incarceration, military duty or another agreed reason), the consent and agreement are voluntary, the guardian is suitable, and guardianship is in the child's best interests. If a parent objects, the proposed guardian must prove by clear and convincing evidence that the child is abandoned or abused, lacks proper care, or is beyond parental control, and that the guardian is suitable.
How do you get guardianship of an adult in Vermont?
An interested person may petition the Probate Division of the Superior Court. The petition must give specific reasons, the areas where supervision is requested, and the alternatives to guardianship that were considered with an explanation of why each is unavailable or unsuitable. An evaluation is prepared, and at the hearing the respondent may present and cross-examine witnesses. The court may appoint a guardian only if the petitioner proves by clear and convincing evidence that the respondent is a person in need of guardianship, and the judgment must specify the guardian's powers; otherwise the petition is dismissed and the records sealed.
How do you establish paternity in Vermont?
The person who gave birth and the alleged genetic parent (or an intended or presumed parent) may sign an acknowledgment of parentage, witnessed by at least one other person, before or after birth; it is filed with the Department of Health and is equivalent to a court adjudication. It can be rescinded by filing a witnessed rescission with the Department of Health or starting a court case within 60 days after it takes effect (or within 60 days of the first court hearing about the child, if earlier). After that, a signer may challenge it only for fraud, duress, coercion, threat of harm or material mistake of fact, within two years.
How do you legally change your name in Vermont?
An adult of sound mind changes their name by making, signing, sealing and acknowledging a written instrument in the statutory form before the judge of the Probate Division of the Superior Court in the district where they live, and filing it there. A certified copy of the decree can be used to ask the State Registrar to amend a Vermont birth certificate.
How does a minor get emancipated in Vermont?
The Probate Division of the Superior Court may emancipate a minor who is at least 16, has lived apart from parents or guardian for three months or more, manages their own finances, is self-sufficient (with employment or other support that is not public assistance), and has a high school diploma or is passing an approved education program. The court must also find emancipation is in the minor's best interests, considering risk of harm, ability to assume adult responsibilities, adjustment to living apart, and the parents' views. Emancipation treats the minor as an adult for contracts, lawsuits, real estate, residence, criminal prosecution, and ends parental support and control, but does not change age-based laws such as the minimum age of 18 to marry or the drinking age. Minors on active military duty, or who married before July 1, 2023, are also emancipated.
Where can I get divorce papers and forms in Vermont?
The Vermont Judiciary posts fillable statewide forms to start a divorce in the Family Division: Complaint for Divorce/Legal Separation/Dissolution without Children (400-00836NoChildren) or with Children (400-00836Children), Information Sheet (400-00800), Notice of Appearance for Self-Represented Party (400-00831), Statement of Confidential Information (400-00849) and the Department of Health Record of Divorce or Annulment (VDH-VR-DIV). Forms can also be completed with VTCourtForms, a free online guided interview that fills in the forms for you to download, print or email. Parties can register for a Public Portal account to view their case online.
Who handles child support in Vermont, and how do I contact them?
Vermont's child support agency is the Office of Child Support (OCS) in the Department for Children and Families. Its services are free for parents and guardians of children under 18 or still in high school, and help with getting or paying child support; a safer approach is available for people who have experienced domestic violence. Apply through the "Apply for Child Support Services" page. Payments can be made 24/7 online with EZpay4kids or by other methods OCS lists, and parents can check their case through the Parent Login. Customer Service: 1-800-786-3214.
Is there an official child support calculator in Vermont?
The Vermont Department for Children and Families, Office of Child Support (OCS), provides an online Child Support Calculator for the Vermont child support guidelines. The OCS page lists current guideline figures, including a Self Support Reserve of $1,596 per month (effective February 2, 2026) and Presumed Income of $99,513.00 (effective July 1, 2026); the guidelines calculation tables were updated January 2, 2024, with the next review due by January 2, 2028.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.