Vermont § 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.)