§ 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.)