Title 15, Title 15: Domestic Relations

§ 515. Party physically incapacitated A suit to annul a civil marriage on the ground of the physical incapacity of one of the parties shall be maintained only by the injured party against the party whose incapacity is alleged and shall be brought within two years from the solemni…

§ 516. Force or fraud A civil marriage may be annulled during the lifetime of the parties, or one of them, on the ground that the consent of one of the parties was obtained by force or fraud, or the threat of force, or other forms of coercion or deception on the complaint of the …

§ 517. Custody and maintenance of issue If there is issue of a civil marriage annulled on the ground of force or fraud, the court shall decree their custody to the innocent parent and may provide for their education and maintenance out of the estate and property of the guilty par…

§ 518. Declarations of parties not sufficient proof A civil marriage shall not be declared null solely on the declarations or confessions of the parties, but the court shall require other satisfactory evidence of the facts on which the allegation of nullity is founded. (Amended 2…

§ 519. Decree of nullity A decree of nullity of civil marriage, if pronounced during the lifetime of the parties, shall be conclusive evidence of the invalidity of the marriage in all courts and proceedings. If such decree is pronounced after the death of either of the parties to…

§ 520. Children of civil marriage annulled Children of a civil marriage annulled pursuant to this subchapter shall be legitimate and shall succeed to the real and personal estate of both parents. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 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 …

§ 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 circumstance…

§ 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 h…

§ 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 upo…

§ 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.)

§ 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.)

§ 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.

§ 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.)

§ 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.)

§ 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.)

§ 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 determi…

§ 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 …

§ 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…

§ 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 mino…

§ 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 c…

§ 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 pr…

§ 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.

§ 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 …

§ 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 ma…

§ 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 ment…

§ 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 exist…

§ 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.

§ 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 cust…

§ 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 …

§ 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 certi…

§ 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 …

§ 650. Legislative findings and purpose The legislature finds and declares as public policy that after parents have separated or dissolved their civil marriage, it is in the best interests of their minor child to have the opportunity for maximum continuing physical and emotional …

§ 653. Definitions As used in this subchapter: (1) “Available income” means gross income, less: (A) the amount of spousal support or preexisting child support obligations, including any court-ordered periodic repayment toward arrearages, actually paid; [Subdivision (1)(B) shall a…

§ 654. Support guideline The Secretary of Human Services shall prescribe by rule a guideline for child support that reflects the percent of combined available income that parents living in the same household in Vermont ordinarily spend on their children. The rule shall be based o…

§ 655. Total child support obligation In any proceeding to establish or modify child support, the total support obligation shall be presumed to be the amount of child support needed, from which a parental support obligation shall be calculated and ordered to be paid unless suppor…

§ 656. Computation of parental support obligation (a) Except in situations where there is shared or split physical custody, the total child support obligation shall be divided between the parents in proportion to their respective available incomes and the noncustodial parent shal…

§ 656a. Adjustment for additional dependents (a) As used in this section, “additional dependents” means any natural and adopted children and stepchildren for whom the parent has a duty of support. (b) In any proceeding to establish or modify child support, the total child support…

§ 657. Shared or split physical custody (a) When each parent exercises physical custody for 30 percent or more of a calendar year, the total child support obligation shall be increased by 50 percent to reflect the additional costs of maintaining two households. Each parental supp…

§ 658. Support (a) In an action under this chapter or under chapter 21 of this title, the court shall order either or both parents owing a duty of support to a child to pay an amount for the support of the child in accordance with the support guidelines as set forth in this subch…

§ 659. Child support order (a) The total support obligation shall be presumed to be the amount of child support needed. Upon request of a party, the court shall consider the following factors in respect to both parents. If, after consideration of these factors, the court finds th…

§ 660. Modification (a)(1) On motion of either parent, the Office of Child Support, any other person to whom support has previously been granted, or any person previously charged with support, and upon a showing of a real, substantial and unanticipated change of circumstances, th…

§ 661. Child support maintenance supplement (a) A party may request a child support maintenance supplement to be paid while a child support obligation arising out of an action for support exists. After considering the respective financial circumstances of the parties, including g…

§ 662. Income statements (a) A party to a proceeding under this subchapter shall file an affidavit of income and assets which shall be in a form prescribed by the court administrator. A party shall provide the affidavit of income and assets to the court and the opposing party on …

§ 663. Support orders; required contents (a) Every order for child support made or modified under this chapter shall be issued in a standardized format and sent to the Registry in the Office of Child Support. The order shall include: (1) The name, address, email address, Social S…

§ 664. Definitions As used in this subchapter: (1) “Parental rights and responsibilities” means the rights and responsibilities related to a child’s physical living arrangements, education, medical and dental care, religion, travel, and any other matter involving a child’s welfar…