Divorce

V.S.A. tit. 15, ch. 11, subch. 2

in effect

15 V.S.A. § 551 Grounds for divorce from bond of matrimony

551. Grounds for divorce from bond of matrimony A divorce from the bond of matrimony may be decreed: (1) for adultery in either party; (2) when either party is sentenced to confinement at hard labor in the State prison in this State for life, or for three years or more, and is actually confined at the time of the bringing of the libel; or when either party being without the State, receives a sentence for an equally long term of imprisonment by a competent court having jurisdiction as the result of a trial in any one of the other states of the United States, or in a federal court, or in any one of the territories, possessions, or other courts subject to the jurisdiction of the United States, or in a foreign country granting a trial by jury, and is actually confined at the time of the bringing of the libel; (3) for intolerable severity in either party; (4) for willful desertion or when either party has been absent for seven years and not heard of during that time; (5) on complaint of either party when one spouse has sufficient pecuniary or physical ability to provide suitable maintenance for the other and, without cause, persistently refuses or neglects so to do; (6) on the ground of permanent incapacity due to a mental condition or psychiatric disability of either party, as provided for in sections 631-637 of this title; or (7) when a married person has lived apart from his or her spouse for six consecutive months and the court finds that the resumption of marital relations is not reasonably probable. Amended 1969, No. 264 (Adj. Sess.), § 1; 1971, No. 39, eff. May 1, 1971; 1971, No. 238 (Adj. Sess.), § 1, eff. April 6, 1972; 1973, No. 201 (Adj. Sess.), § 9; 2013, No. 96 (Adj. Sess.), § 69.

15 V.S.A. § 552 Reconciliation

552. Reconciliation If one of the parties had denied under oath or affirmation that the parties have lived apart for the requisite period of time or has alleged that reconciliation is reasonably probable, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall: (1) make a finding whether the parties have lived apart for the requisite period of time or not and whether the reconciliation of the parties to the civil marriage is reasonably probable or not; or (2) continue the matter for further hearing not less than 30 or more than 60 days later, and may suggest to the parties that they seek counseling. At the adjourned hearing, the court shall make a finding whether the parties have lived apart for the requisite period of time or not and whether the reconciliation of the parties to the civil marriage is reasonably probable or not. Added 1971, No. 238 (Adj. Sess.), § 3, eff. April 6, 1972; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 553 Collusion

553. Collusion The term “collusion,” as used in divorce actions, shall not be construed to include conversations or negotiations of the parties carried on in good faith in an effort to resolve their marital difficulties, where the purpose or result of the conference is not to hinder or obstruct justice or to suppress evidence as to the merits of the case.

15 V.S.A. § 554 Decrees nisi

554. Decrees nisi (a) A decree of divorce from the bonds of matrimony in the first instance shall be a decree nisi and shall become absolute at the expiration of 90 days from the entry thereof but, in its discretion, the court that grants the divorce may fix an earlier date upon which the decree shall become absolute. If one of the parties dies prior to the expiration of the nisi period, the decree shall be deemed absolute immediately prior to death. (b) Either party may file any post-trial motions under the Vermont Rules of Civil Procedure. The time within which any such motion shall be filed shall run from the date of entry of the decree of divorce and not from the date the nisi period expires. The court shall retain jurisdiction to hear and decide the motion after expiration of the nisi period. A decree of divorce shall constitute a civil judgment under the Vermont Rules of Civil Procedure. (c) If the stated term at which the decree nisi was entered has adjourned when a motion is filed, the presiding judge of the stated term shall have power to hear and determine the matter and make new decree therein as fully as the court might have done in term time; but, in the judge’s discretion, the judge may strike off the decree and continue the cause to the next stated term. Amended 1969, No. 264 (Adj. Sess.), § 2; 1989, No. 227 (Adj. Sess.), § 1, eff. June 4, 1990; 1995, No. 94 (Adj. Sess.), § 1; 2018, No. 8 (Sp. Sess.), § 13, eff. June 28, 2018.

15 V.S.A. § 555 Legal separation

555. Legal separation A legal separation forever or for a limited time may be granted for any of the causes for which an absolute divorce may be granted. Amended 1981, No. 247 (Adj. Sess.), § 1.

15 V.S.A. § 558 Spouse allowed to take prior name

558. Spouse allowed to take prior name Upon granting a divorce, unless good cause is shown to the contrary, the court shall allow a spouse to resume the spouse’s prior name or the name of a former spouse. Amended 2023, No. 161 (Adj. Sess.), § 20, eff. June 6, 2024.

15 V.S.A. § 559 Change of children’s names

559. Change of children’s names The court may change the names of the minor children of divorced parents when application for that purpose is made in the complaint for divorce.

15 V.S.A. § 560 Remarriage

560. Remarriage When a civil marriage is dissolved pursuant to this chapter, the parties shall be deemed single and may lawfully marry again. Amended 1969, No. 264 (Adj. Sess.), § 4; 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 562 Recrimination

562. Recrimination Recrimination shall not constitute a defense or a bar to a complaint for divorce. Added 1969, No. 264 (Adj. Sess.), § 5; amended 1971, No. 14, § 3, eff. March 11, 1971.

15 V.S.A. § 563 Condonation

563. Condonation Condonation shall not constitute a defense or a bar to a complaint for divorce. Added 1969, No. 264 (Adj. Sess.), § 8; amended 1971, No. 14, § 4, eff. March 11, 1971.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/15/011Fetched: 10/21/2026