Vermont No-Fault Divorce: Grounds and Requirements

Vermont allows no-fault divorce under 15 V.S.A. § 551(7). You don't need to prove your spouse did anything wrong — you just need to show that the marriage has broken down beyond repair. This is the ground used in the overwhelming majority of Vermont divorces.

What "No-Fault" Means in Vermont

Under Vermont's no-fault ground, you must demonstrate two things:

1. You and your spouse have lived separate and apart for at least six consecutive months. This is the factual requirement — a continuous period where you stopped functioning as a married couple.

2. There is no reasonable probability of reconciliation. This doesn't mean you've tried therapy and failed (though that helps). It means both parties acknowledge the marriage is over.

You plead this ground in your Complaint for Divorce (Form 400-00836) by stating that "the parties have lived apart for six consecutive months and the resumption of marital relations is not reasonably probable."

The separation can happen under the same roof — Vermont explicitly recognizes same-roof separation if you maintain separate sleeping arrangements, finances, and daily routines.

Fault-Based Grounds Still Exist

Vermont hasn't eliminated fault-based divorce. Under 15 V.S.A. § 551, you can also file on the grounds of:

• Adultery — voluntary sexual intercourse outside the marriage
• Intolerable severity — physical or mental cruelty making cohabitation unsafe
• Willful desertion — abandonment for seven continuous years
• Nonsupport — refusal to provide financial support when able to
• Life imprisonment — conviction and sentencing to three or more years, currently confined
• Permanent incapacity — requires two years of Vermont residency before filing

Why Almost Nobody Files Fault-Based

Proving fault means a contested proceeding with evidence, witnesses, and cross-examination. That means attorney fees, extended timelines, and emotional cost that usually dwarf any advantage.

The practical calculation: a fault-based ground might influence property division, since Vermont judges can consider "the respective merits of the parties" under 15 V.S.A. § 751(b). But proving adultery or cruelty to shift property division by a few percentage points rarely justifies the thousands of dollars in legal fees required.

Vermont family law attorneys consistently advise that the cost of proving fault outweighs any marginal impact on the divorce outcome. No-fault is faster, cheaper, and produces the same legal result — a dissolved marriage.

The Separation Requirement in Practice

The six-month separation period is the most common sticking point for no-fault filers. Key points:

• The clock starts when you stop living as a couple, not when someone moves out
• Same-roof separation counts if you sleep separately, handle finances independently, and don't present as a couple socially
• The period runs concurrently with residency — your six months of separation and six months of residency (needed to file) can overlap
• Reconciliation resets the clock — resuming the marital relationship starts a new six-month period
• You can file before six months have passed, as long as the full six months will be complete before the court considers your case for final hearing

How It Affects Property Division

Whether you file no-fault or fault-based, Vermont's property division law works the same way. Under equitable distribution (15 V.S.A. § 751), the court divides all marital property fairly — considering factors like marriage duration, each spouse's income and contributions, and the desirability of awarding the family home to the custodial parent.

The one wrinkle: a judge can consider "conduct and merits of the parties" as a factor. So technically, adultery or misconduct could influence a property split — but it's one factor among many, not a determinative one.

Filing no-fault doesn't prevent a judge from considering marital misconduct during property division. It just means you didn't use it as your ground for filing.

For a complete guide to filing under Vermont's no-fault ground — including the exact forms, residency requirements, and separation documentation strategies — see the Vermont Divorce Filing Process Guide.

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