Vermont Divorce Residency Requirements
In order to file your Complaint for Divorce in Vermont, you must make sure the Family Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Vermont residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
A complaint for divorce or annulment of 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 armed forces of the United States, 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.
The divorce may be filed in the county in which either the husband, wife or both reside. (Vermont Statutes - Title 15 - Section 555)
Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Vermont. It is most common that people file for a divorce in the county in which they live. You can also read more about the Vermont residency requirements in the Vermont state statutes located at: http://www.leg.state.vt.us/. If you are unsure of whether or not you meet the Vermont residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
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