Divorce may be defined as the legal termination of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Vermont commonly grant divorces because to force a couple to remain married would be considered against public policy.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only acceptable justification for a divorce, even if fault grounds exist within the marriage. The other states, including Vermont, permit the parties to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, gives a comprehensive overview of divorce and separation law in the United States.

The concept of a no-fault divorce was first adopted in the United States in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, one another for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot generally stop a no-fault divorce, simply because when one spouse wants a divorce and the other does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In Vermont, the no-fault justification for a divorce is living separate and apart without cohabitation for six consecutive months. The court must find that the resumption of marital relations is not reasonably probable.

Many states require a "cooling-off" period of separation for a specific period of time before no-fault divorce proceedings can begin. During this time, the couple is necessitated to live separate and apart with the intent that the separation will be permanent. The duration of the cooling-off period varies according to state law. Vermont does not require a specific cooling-off period.

Some states also permit fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. Fault grounds for divorce in Vermont include the following: adultery; imprisonment for life or for at least three years; intolerable severity, which means misconduct that threatens or causes injury to life, limb or health of the other spouse; willful desertion for a period of seven years; refusal to provide spousal support when ability and resources to do so are present; and incurable insanity.

To file for divorce in Vermont, at least one of the spouses must have been a resident of the state for at least six months prior to the commencement of the divorce action. A divorce decree will not be issued in Vermont unless at least one of the spouses has resided in the state for one year preceding the date of the final hearing. Temporary absence from the state due to illness, employment, service as a member of the armed forces of the United States, or another legitimate and bona fide cause, will not affect either the six months period or the one year period, provided that the person has otherwise retained residence in Vermont. Divorcesource.com provides a summary of divorce law in the state of Vermont.

Divorce laws vary widely across the United States. The American Bar Association offers a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Vermont, can be found at abanet.org.

*An example of a Vermont Divorce Settlement Agreement can be seen on Free Legal Aid.