Proceedings Generally

V.S.A. tit. 15, ch. 11, subch. 3

in effect

15 V.S.A. § 591 Jurisdiction and power of courts

591. Jurisdiction and power of courts Superior Courts shall hear and determine complaints for divorce and for affirming or annulling the civil marriage contract and may issue process of attachment, execution, and other proper process necessary for the dispatch and final determination of such causes. The judges of the Superior Court shall be triers of questions of fact as well as of law. Their determination of questions of fact shall be final, and exceptions may be taken and questions of law heard in the Supreme Court as in other causes. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 592 Residence

592. Residence (a) A complaint for divorce or annulment of civil marriage may be brought if either party to the marriage has resided within the State for a period of six months or more, but a divorce shall not be decreed for any cause, unless the plaintiff or the defendant has resided in the State one year next preceding the date of final hearing. Temporary absence from the State because of illness, employment without the State, service as a member of the U.S. Armed Forces, or other legitimate and bona fide cause shall not affect the six months’ period or the one-year period specified in the preceding sentence, provided the person has otherwise retained residence in this State. (b) Notwithstanding provisions to the contrary, a complaint for divorce may be filed in the Family Division of Superior Court in the county in which the marriage certificate was filed by parties who are not residents of Vermont provided all of the following criteria are met: (1) The marriage was established in Vermont. (2) Neither party’s state of legal residence recognizes the couple’s Vermont marriage for purposes of divorce. (3) There are no minor children who were born or adopted during the marriage. (4) The parties file a stipulation together with a complaint that resolves all issues in the divorce action. The stipulation shall be signed by both parties and shall include the following terms: (A) An agreement that the terms and conditions of the stipulation may be incorporated into a final order of divorce. (B) The facts upon which the court may base a decree of divorce and that bring the matter before the court’s jurisdiction. (C) An acknowledgment that: (i) Each party understands that if he or she wishes to litigate any issue related to the divorce before a Vermont court, one of the parties must meet the residency requirement set forth in subsection (a) of this section. (ii) Neither party is the subject of an abuse prevention order in a proceeding between the parties. (iii) There are no minor children who were born or adopted during the marriage. (iv) Neither party’s state of legal residence recognizes the couple’s Vermont marriage for purposes of divorce. (v) Each party has entered into the stipulation freely and voluntarily. (vi) The parties have exchanged all financial information, including income, assets, and liabilities. (c) The court shall waive a final hearing on any divorce action filed pursuant to subsection (b) of this section unless the court determines upon review of the complaint and stipulation that the filing is incomplete or that a hearing is warranted for the purpose of clarifying a provision of the stipulation. Final uncontested hearings in a nonresident divorce action shall be conducted by telephone unless one or both of the parties choose to appear in person. Amended 1981, No. 2, eff. Feb. 12, 1981; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2011, No. 92 (Adj. Sess.), § 2.

15 V.S.A. § 593 Place for bringing action; caption of divorce action

593. Place for bringing action; caption of divorce action (a) Except as provided in subsection (b) of this section, complaints for divorce for any cause and for affirming or annulling the civil marriage contract shall be brought in the county in which the parties or one of them resides. Petitions directed to a Superior judge for temporary orders under the provisions of Vermont Rule of Civil Procedure 80(c) may be heard within or without the county where the cause is pending at a place convenient for the parties and the judge hearing the same. (b) A complaint for divorce or dissolution of a civil union shall be brought in the county in which the marriage certificate or the civil union certificate was filed if neither of the parties resides in Vermont. (c) An action for divorce or annulment may be captioned as follows: Complaint for Divorce [Annulment]-Involving: [Names of Parties] Amended 1995, No. 59, § 13; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2011, No. 92 (Adj. Sess.), § 3.

15 V.S.A. § 594 Representation and testimony of child

594. Representation and testimony of child (a) The court may appoint an attorney to represent the interests of a minor or dependent child with respect to child support and the allocation of parental rights and responsibilities. (b) The court shall appoint an attorney for a minor child before the minor child is called as a witness in a proceeding under this chapter. The child may only be called as a witness if the court finds after hearing that: (1) the child’s testimony is necessary to assist the court in determining the issue before it; (2) the probative value of the child’s testimony outweighs the potential detriment to the child; and (3) the evidence sought is not reasonably available by any other means. (c) The examination of the child may be conducted by the court in chambers in the presence of such other persons as the court may specify and shall be recorded by a court reporter. (d) The court shall enter an order for costs, fees, and disbursements in favor of the child’s attorney. The order shall be made against either or both parents, except that, if the responsible party is indigent, the costs, fees, and disbursements shall be borne as provided by rule of court. 1971, No. 238 (Adj. Sess.), § 2, eff. April 6, 1972; amended 1985, No. 181 (Adj. Sess.), § 9.

15 V.S.A. § 594a Temporary relief

594a. Temporary relief Either party or both parties to a civil marriage may apply for temporary relief at any time following the separation of the parties to the marriage coincidental with, or subsequent to the filing of complaint for absolute divorce or legal separation. The court to which the cause is returnable, or a Superior judge, on such notice to the adverse party as the court or judge directs, may make such orders pending final hearing and further order of the court as the court would be authorized to make upon final hearing. A prompt hearing will be held, and the evidence shall be recorded by a court reporter. The court or judge shall issue an order within 14 days from the date of the hearing. Failure of the court or judge to issue an order within 14 days shall not affect the validity of any order issued after the 14-day period. Added 1981, No. 247 (Adj. Sess.), § 2; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2017, No. 11, § 38.

15 V.S.A. § 603 Contempt

603. Contempt (a) Nonfinancial obligations. If a person disobeys a lawful order of the Family Division made under the provisions of this chapter and the order does not relate to payment of a financial obligation, the person may be subject to proceedings for civil contempt as provided by 12 V.S.A. § 122. (b) Financial obligations. If a person disobeys a lawful order of the Family Division made under the provisions of this chapter and the order creates a financial obligation, including payment of child support, spousal maintenance, or a lump sum property settlement, the person may be subject to proceedings for civil contempt as provided by 12 V.S.A. § 122 and the provisions set forth herein. (c) Parties. The Office of Child Support may institute proceedings in all cases in which the Office provides services under Title IV-D of the Social Security Act to either or both parties. (d) Notice of hearing. The person against whom the contempt proceedings are brought shall be served with a notice of a hearing ordering the person to appear at the hearing to show cause why he or she should not be held in contempt. The notice shall inform the person that failure to appear at the hearing may result in the issuance of an arrest warrant directing a law enforcement officer to transport the person to court. (e) Rebuttable presumption of ability to comply. A person who is subject to a court-ordered financial obligation and who has received notice of such obligation shall be presumed to have the ability to comply with the order. In a contempt proceeding, the noncomplying party may overcome the presumption by demonstrating that, due to circumstances beyond his or her control, he or she did not have the ability to comply with the court-ordered obligation. (f) Finding of contempt. A person may be held in contempt of court if the court finds all of the following: (1) The person knew or reasonably should have known that he or she was subject to a court-ordered obligation. (2) The person has failed to comply with the court order. If the failure to comply involves a failure to pay child support or spousal maintenance, the person who brings the action has the burden to establish the total amount of the obligation, the amount unpaid, and any unpaid surcharges or penalties. (3) The person has willfully violated the court order in that he or she had the ability to comply with the order and failed to do so. (g) Findings of fact. The court shall make findings of fact on the record based on the evidence presented that may include direct or circumstantial evidence. (h) Order upon finding of contempt. Upon a finding of contempt, the court shall determine appropriate sanctions to obtain compliance with the court order. The court may order any of the following: (1) The person to perform a work search and report the results of his or her search to the court or to the Office of Child Support, or both. (2) The person to participate in an employment services program, which may provide referrals for employment, training, counseling, or other services, including those listed in section 658 of this title. Any report provided from such a program shall be presumed to be admissible without the appearance of a witness from the program in accordance with the provisions in 4 V.S.A. § 466(f). (3) The person to appear before a reparative board. The person shall return to court for further orders if: (A) the reparative board does not accept the case; or (B) the person fails to complete the Reparative Board Program to the satisfaction of the board in a time deemed reasonable by the board. (4) Incarceration of the person unless the person complies with purge conditions established by the court. A court may order payment of all or a portion of the unpaid financial obligation as a purge condition, providing that the court finds that the person has the present ability to pay the amount ordered and sets a date certain for payment. If the purge conditions are not met by the date established by the court and the date set for payment is within 30 days of finding of ability to pay, the court may issue a mittimus placing the contemnor in the custody of the Commissioner of Corrections. (A) As long as the person remains in the custody of the Commissioner of Corrections, the court shall schedule the case for a review hearing every 14 days. (B) The Commissioner shall immediately release such a person from custody upon the contemnor’s compliance with the purge conditions ordered by the court. (C) The Commissioner may, in his or her sole discretion, place the contemnor on home confinement furlough or work crew furlough without prior approval of the court. (5) Orders and conditions as the court deems appropriate. (i) Finding of present ability to pay. A finding of present ability to pay a purge condition shall be effective for up to 30 days from the date of the finding. In determining present ability to pay for purposes of imposing necessary and appropriate coercive sanctions to bring the noncomplying person into compliance and purge the contempt, the court may consider: (1) a person’s reasonable ability to use or access available funds or other assets to make all or a portion of the amount due by a date certain set by the court; and (2) a person’s reasonable ability to obtain sufficient funds necessary to pay all or a portion of the amount due by a date certain set by the court, as demonstrated by the person’s prior payment history and ability to comply with previous contempt orders. Amended 1969, No. 141, § 1; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 30; 2009, No. 146 (Adj. Sess.), § C15; 2011, No. 119 (Adj. Sess.), § 2; 2025, No. 165 (Adj. Sess.), § 22, eff. June 18, 2026.

15 V.S.A. § 604 Costs on motion to revise

604. Costs on motion to revise Upon a motion to revise and alter a decree made by force of this chapter and sections 291-294 of this title, the court may award costs to either party as equity requires.

15 V.S.A. § 606 Action to recover maintenance, child support, and suit money; sanction for noncompliance

606. Action to recover maintenance, child support, and suit money; sanction for noncompliance (a) When a judgment or order for the payment of either temporary or permanent maintenance, child support, or suit money has been made by the Family Division of the Superior Court, and personal jurisdiction of the person liable for the payment of money under the judgment or order has been obtained, the party entitled by the terms of the judgment or order to payment thereunder, or the Office of Child Support in all cases in which the party or dependent children of the parties are the recipients of financial assistance from the Department for Children and Families, may file a motion in the Family Division of the Superior Court asking for a determination of the amount due. Upon notice to the other party and hearing thereon, the Family Division of the Superior Court shall render judgment for the amount due under the judgment or order; the court may order restitution to the Department, order that payments be made to the Office of Child Support for distribution, or make such other orders or conditions as it deems proper. The judgment shall be as binding and as enforceable in all respects as though rendered in any other civil action. Notice shall be given in such manner as the Supreme Court shall by rule provide. An additional motion may be brought at any time for further unpaid balances. The Family Division of the Superior Court in which the cause was pending at the time the original judgment or order was made shall have jurisdiction of motions under the provisions of this section, irrespective of the amount in controversy or the residence of the parties. The motions may be brought and judgment obtained on judgments, decrees, and orders previously rendered and still in force. (b) For the purpose of enforcing child support orders under this title and Title 33, any support payment or installment shall become a judgment on the date it becomes due. (c) An action to enforce a judgment under subsection (b) of this section may be brought no later than six years after the youngest child covered by the support order attains the age of majority or no later than six years after a child covered by subsection 659(b) of this title is no longer covered. (d)(1) In lieu of interest on unpaid child support that has accrued under a child support order, a child support surcharge shall be imposed on past-due child support. Beginning on July 1, 2004, the surcharge shall be computed and assessed monthly at a rate of one percent or an annual rate of 12 percent and shall not be compounded. Beginning on January 1, 2012, the surcharges shall be computed and assessed monthly at a rate of one-half percent or an annual rate of six percent and shall not be compounded. All surcharges shall be deemed principal and not interest. Payments received for child support obligations shall be allocated and distributed as follows: (A) first to current support obligations; (B) second to arrearages; and (C) third to surcharge arrears. (2) In the interests of justice, the court may discharge all or part of a surcharge that accrued subsequent to the date of the last judgment upon a finding that since that date, the obligated parent became unable to comply with the underlying support obligation. The obligated parent shall bear the burden of proving inability to comply. Added 1981, No. 247 (Adj. Sess.), § 3; amended 1995, No. 59, § 7; 1997, No. 63, § 6, eff. Sept. 1, 1997; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 159 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 31; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 32, § 1.

15 V.S.A. § 607 Action by attorney to recover suit money

607. Action by attorney to recover suit money When a final order has been made providing for the payment by either party of suit money to the attorney for the opposite party or for a minor child of the parties, and service of the order has been made or accepted, the attorney may recover the suit money by a civil action on this section or by contempt proceedings brought in the attorney’s own name, either with or without the consent of the client. Added 1981, No. 247 (Adj. Sess.), § 4.

15 V.S.A. § 631 Generally

631. Generally A divorce may be granted forthwith when either spouse has become permanently incapacitated due to a mental condition or psychiatric disability. A divorce shall not be granted under these provisions unless such person who is permanently incapacitated due to a mental condition or psychiatric disability shall have been duly and regularly confined in a psychiatric hospital, wherever located, for at least five years next preceding the commencement of the action for divorce, nor unless it shall appear to the court that such mental condition or psychiatric disability is permanent. No action shall be maintained under the provisions hereof unless the libelant is an actual resident of this State and shall have resided therein for two years next preceding the commencement of such action. Amended 2013, No. 96 (Adj. Sess.), § 70.

15 V.S.A. § 632 Jurisdiction; guardian ad litem for libelee with a mental incapacity

632. Jurisdiction; guardian ad litem for libelee with a mental incapacity The Superior Courts of the several counties of this State shall have jurisdiction of such an action. Upon the filing by the plaintiff of a complaint, duly verified, showing that such cause of action exists, a Superior judge shall appoint some person to act as guardian ad litem of such person with a mental incapacity in such action. The complaint and summons in such action shall be served upon the defendant by delivering a copy thereof to such guardian and another to the State’s Attorney of the county in which such action is brought. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2013, No. 96 (Adj. Sess.), § 70.

15 V.S.A. § 633 Duty of State’s Attorney

633. Duty of State’s Attorney The State’s Attorney upon whom the complaint and summons in such action shall be served shall appear for such defendant and defend the same. No divorce shall be granted unless the provisions of this section have been complied with.

15 V.S.A. § 634 Alimony; distribution of property; care and custody of children

634. Alimony; distribution of property; care and custody of children (a) In actions brought for the cause of mental incapacity, the courts and the judges thereof shall possess all the powers relative to the payment of alimony, the distribution of property, and the care and custody of the children of the parties, that such courts now have, or may hereafter have, in other actions for divorce. (b) The court may make such orders for the division of property held by the parties as tenants by the entirety as may be proper. (c) No order shall be made providing for continued support of a spouse without a mental condition or psychiatric disability from the estate of a spouse with a mental condition or psychiatric disability after the remarriage of the spouse who does not have a mental condition or a psychiatric disability. Amended 1987, No. 174 (Adj. Sess.), § 5; 2013, No. 96 (Adj. Sess.), § 70.

15 V.S.A. § 635 Support of defendant

635. Support of defendant (a) At the time of granting a divorce on the grounds of a permanent mental condition or psychiatric disability or any time thereafter, on motion of either party, or of the guardian of the spouse with a mental condition or psychiatric disability, or of any other person, town, or municipality charged with the support of the spouse with a mental condition or psychiatric disability, the court may make such orders requiring support of the defendant or security for such support as may be proper. (b) An order for the support of the party with a mental condition or psychiatric disability shall be enforceable in the same manner as orders relating to alimony. (c) On motion of either party or of the guardian of the spouse with a mental condition or psychiatric disability, or of any person, town, or municipality charged with the support of such defendant, an order relating to such support may be reviewed and altered at any time thereafter in such manner as to the court may seem just and proper. Amended 2013, No. 96 (Adj. Sess.), § 70.

15 V.S.A. § 636 Filing certified copies of orders with court which committed party with a mental condition or psychiatric disability

636. Filing certified copies of orders with court which committed party with a mental condition or psychiatric disability If the party with a mental condition or psychiatric disability was committed by a court of competent jurisdiction, the clerk of the court shall file a certified copy of all orders entered in proceedings brought under these provisions. Amended 2013, No. 96 (Adj. Sess.), § 70.

15 V.S.A. § 637 Costs and expenses

637. Costs and expenses All the costs in such action, as well as the actual expenses of the state’s attorney therein, together with the expenses and fees of the guardian therein, shall be paid by the plaintiff. Such expenses of the state’s attorney and expenses and fees of the guardian shall be fixed and allowed by the court. The court or the judge thereof may make such order relative to the payment of such fees and expenses as to the court or judge may seem proper.

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