How Do You File for Divorce in Vermont If You Have Kids and a House?

A question we often hear is: “I want to file for divorce in Vermont, and we have children and a house. What are the requirements, costs, and what happens with custody?”

Divorce Basics in Vermont

• Residency requirement

  • One spouse must live in Vermont for six months before filing, and for a full year before the divorce is finalized.

• Grounds

  • Vermont allows no-fault divorce (irreconcilable differences) and fault grounds.

• Where to file

  • File in the Family Division of the Superior Court in your county, from Burlington to Montpelier to Rutland.

• Process overview

  • Petition → service → financial disclosures → temporary orders → mediation/settlement → final hearing.

Do You Need a Lawyer to Get a Divorce in Vermont?

• Not required, but recommended with kids and property.

• Why a lawyer/mediator helps

  • Drafting parenting and custody plans.

  • Handling property valuations.

  • Addressing spousal support and asset division.

  • Avoiding costly mistakes in paperwork.

How Much Does It Cost to Get a Divorce in Vermont?

• Court filing fees plus service fees.

• Attorney and mediator costs.

• Appraisal and financial expert costs if dividing a home or business.

• Custody evaluation costs in contested cases.

What About the House & Property Division for Divorce in Vermont?

• Vermont uses equitable distribution.

• Marital property includes assets gained during marriage.

• Separate property includes pre-marriage assets or inheritances, unless commingled.

• Factors courts consider:

  • Length of marriage.

  • Contributions by each spouse.

  • Custodial arrangements for children.

  • Each spouse’s financial circumstances.

• The house may be sold, awarded to one spouse, or balanced with other assets.

Custody, Parenting Time & Child Support for Divorce in Vermont

• Custody is based on the best interests of the child.

• Legal responsibility and physical custody can be shared or sole.

• Parenting time is arranged to provide stability.

• Child support follows Vermont’s guidelines, based on income and needs.

Things You Must Know About Getting Divorced in Vermont!

• Title on the house isn’t the deciding factor—equity and contributions matter.

• Courts weigh caregiving contributions heavily.

• Temporary custody arrangements may influence final orders.

• Maintenance may apply depending on income disparities.

• Orders can be modified later if circumstances change.

A Gentle Reminder About Divorce in Vermont

This post is for educational purposes only and is not legal advice. Vermont law may impact outcomes differently across counties, from Burlington to Montpelier to Rutland.

At Fresh Starts, you can search our Expert Guide by state to find Vermont-based attorneys, mediators, and child custody professionals who can help.