Organizing financial documents for divorce in Vermont starts with two mandatory court forms: Form 813A (income and expenses) and Form 813B (property and assets). Each spouse must file separately under oath, supported by two years of tax returns and four recent pay stubs. The filing fee is $90 to $295 depending on whether your case is stipulated or contested.
Key Facts: Vermont Divorce Financial Documents
| Item | Vermont Requirement |
|---|---|
| Filing Fee | $90 (resident stipulated), $180 (non-resident stipulated), $295 (contested) |
| Waiting Period | 6-month separation; 90-day nisi period; 6-month minimum with minor children |
| Residency Requirement | 6 months to file; 1 year before final decree (15 V.S.A. § 592) |
| Grounds | No-fault (6-month separation) or fault-based (15 V.S.A. § 551) |
| Property Division Type | Equitable distribution, all-property doctrine (15 V.S.A. § 751) |
| Core Financial Forms | Form 813A (income/expenses), Form 813B (property/assets) |
| Supporting Documents | 2 years tax returns, 4 recent pay stubs |
Fees are as of March 2026. Verify with your local Superior Court Family Division clerk before filing. A 2.39% convenience fee applies to credit card payments.
Why Financial Documents Matter in a Vermont Divorce
Financial documents form the foundation of every Vermont divorce because the state follows an all-property doctrine under 15 V.S.A. § 751, giving courts jurisdiction over all property owned by either spouse, however and whenever acquired. This means assets acquired before marriage, through inheritance, or by gift can all be examined and potentially divided. Without complete financial records, a Vermont judge cannot determine a fair division across the 11 statutory factors.
The stakes are significant. Failure to provide accurate financial disclosure can result in court sanctions, perjury charges, and an unfavorable property division. Vermont courts may award 100% of hidden assets to the innocent spouse and require the dishonest party to pay attorney fees. Because Vermont's all-property reach is among the broadest in the country, organizing your financial documents for divorce in Vermont protects you from both incomplete disclosure and an inequitable outcome. Gathering evidence for divorce begins with these records, and the quality of your divorce paperwork checklist directly shapes your settlement.
The Two Mandatory Vermont Financial Affidavits
Vermont divorce requires two financial affidavits: Form 813A covers income and expenses, while Form 813B covers property and assets. Each spouse completes and signs his or her own forms under oath before a notary public. The current version of Form 813A (06/2023) is available from the Vermont Judiciary at vtcourts.gov, and copies must be served on the opposing party when filed.
Form 813A captures all sources of income — wages, self-employment earnings, rental income, investment returns, and benefits — alongside monthly living expenses. Form 813B lists every asset and debt, whether owned jointly or separately, including real estate, vehicles, bank accounts, retirement plans, business interests, and outstanding loans. Together these documents create the comprehensive financial picture that a Vermont judge needs. Because the all-property doctrine reaches separate property, both forms require you to disclose premarital assets, inheritances, and gifts even though courts generally will not disturb truly separate property. Treat these forms as your master financial records divorce inventory, not a quick summary.
Filing Deadlines for Vermont Financial Affidavits
Vermont financial affidavit deadlines depend on whether you have minor children. If you have minor children, both Form 813A and Form 813B must be filed before the Case Manager's Conference. If no conference is scheduled, both forms must be filed at least seven days before the first scheduled court hearing. Missing these deadlines can delay your case or trigger court sanctions.
The rules shift for couples without children. If you do not have minor children, you are not required to submit the financial affidavits to the court, but you must still exchange them with each other and check the second box on item #13 of Form 878. This exchange-only rule does not reduce the importance of the documents — each spouse still needs accurate figures to negotiate a fair settlement, and the court can request the forms if disputes arise. Regardless of children, supporting documents accompany the affidavits: four recent pay stubs and two years of tax returns with all schedules. Building your documents needed for divorce list around these deadlines keeps your Vermont case on schedule.
Complete Vermont Divorce Document Checklist
The documents needed for divorce in Vermont fall into seven categories: income records, tax filings, banking statements, retirement and investment accounts, real estate records, debt statements, and insurance documents. Gathering all seven before you complete Form 813A and 813B prevents costly amendments and supports an accurate equitable distribution under 15 V.S.A. § 751.
Use this divorce paperwork checklist to organize your financial records:
- Income records: 4 most recent pay stubs, employment contracts, bonus and commission statements, self-employment profit-and-loss statements
- Tax filings: federal and Vermont state returns for the past 2 years with all W-2s, 1099s, and schedules
- Banking statements: 12 months of checking, savings, and money market statements for all accounts
- Retirement and investment accounts: 401(k), IRA, pension, brokerage, and 403(b) statements showing current balances and beneficiaries
- Real estate records: deeds, mortgage statements, property tax bills, recent appraisals, and home equity loan documents
- Debt statements: credit card balances, auto loans, student loans, medical debt, and personal loans
- Insurance documents: life, health, auto, and homeowner policy declarations and cash values
Keep both originals and copies. Vermont practitioners commonly exchange basic backup documents to verify the numbers on the financial affidavits, and you can do the same whether or not you hire a lawyer.
Gathering Evidence and Spotting Hidden Assets
Gathering evidence for divorce in Vermont means cross-checking your spouse's disclosures against independent records to confirm completeness. Because Vermont courts can award 100% of hidden assets to the innocent spouse, careful review of tax returns, bank statements, and account records often reveals undisclosed income, transferred property, or unreported business value. Vermont's discovery process gives both parties tools to compel disclosure.
Start with the two years of tax returns each spouse must provide. Tax returns reveal interest from accounts you may not know about, capital gains from undisclosed investments, business income, and rental property. Compare reported income on Form 813A against the W-2 and 1099 figures, and reconcile bank deposits against stated earnings. Watch for warning signs: sudden withdrawals, new accounts opened before separation, loans to friends or family, overpayment to the IRS that creates a refund after divorce, and undervalued business interests. If voluntary disclosure is incomplete, Vermont's family law discovery procedures allow formal requests, depositions, and subpoenas to obtain financial records. Strong financial records divorce review is the single best protection against an inequitable split under Vermont's all-property doctrine.
Vermont Filing Fees and Cost Comparison
Vermont divorce filing fees range from $90 to $295 under 32 V.S.A. § 1431, depending on residency and whether the case is contested. A resident stipulated divorce costs $90, a non-resident stipulated divorce costs $180, and a contested divorce costs $295. Organizing complete financial documents early can move your case toward the lower stipulated fee by enabling a full settlement agreement.
| Case Type | Filing Fee | Requirement |
|---|---|---|
| Resident stipulated | $90 | At least one party resides in Vermont, complete stipulation filed |
| Non-resident stipulated | $180 | Neither party resides in Vermont, complete stipulation filed |
| Contested divorce | $295 | No stipulation, or agreement breaks down |
| Post-judgment modification | $120 ($35 with stipulation) | Motion to modify support, parental rights, or maintenance |
If a matter agreed to becomes contested, the difference between the reduced fee and the full $295 must be paid before the final order issues. Fees are as of March 2026; verify with your local Superior Court Family Division clerk. If you cannot afford filing fees, Vermont offers an Application to Waive Filing Fees and Service Costs (In Forma Pauperis) for qualified individuals.
How Financial Documents Affect Property Division
Financial documents directly determine property division because Vermont judges must apply the 11 statutory factors in 15 V.S.A. § 751 to the full financial record. Vermont is an equitable distribution state, meaning courts divide property based on fairness rather than an automatic 50/50 split, though the analysis often starts from a presumption of roughly equal division before adjusting.
The statutory factors include the length of the marriage, the age and health of the parties, each spouse's occupation and income, vocational skills and employability, one spouse's contribution to the other's earning power, and the value of all property interests, liabilities, and needs. Longer marriages typically result in closer-to-equal division, while shorter marriages may return premarital property to its original owner. Your Form 813A and 813B disclosures supply the raw data for every one of these factors. A spouse who underreports income or omits assets distorts the fairness analysis and risks sanctions. Because Vermont's all-property doctrine reaches inherited and premarital assets, documenting whether those assets were commingled with marital finances is critical — the key question is whether property was kept truly separate or became intertwined through joint use.
Residency, Waiting Periods, and Document Timing
Vermont imposes a two-tier residency rule under 15 V.S.A. § 592: either spouse must reside in Vermont for 6 months to file, but residency of one full year is required before the court enters a final decree. This timeline shapes when you gather and update financial documents, because affidavits should reflect current figures at the time of filing and again near the final hearing.
Vermont also applies multiple waiting periods that affect document timing. No-fault divorce requires living separate and apart for at least 6 consecutive months under 15 V.S.A. § 551. After the judge grants the divorce, a 90-day nisi period under 15 V.S.A. § 554 runs before the decree becomes final, though this can be waived in stipulated cases. Couples with minor children face a mandatory 6-month waiting period between filing and final hearing that cannot be waived. These clocks often run concurrently, so a spouse who establishes residency and files promptly can shorten the overall timeline — but stale financial documents may need updating before the final hearing, especially if income or asset values change during the wait.