Divorce Checklist for Vermont

Vermont requires that either you or your spouse has resided in the state for at least six consecutive months before filing a divorce complaint, under 15 V.S.A. § 592(a). The court will not issue a final divorce decree until either the plaintiff or the defendant has resided in Vermont for one full year preceding the date of the final hearing. Temporary absences for employment, military service, illness, or other legitimate reasons do not break the residency period, provided you otherwise maintained your Vermont residence. Gather proof of your Vermont address, such as a driver's license, voter registration, utility bills, or a lease or mortgage statement. If neither spouse meets the six-month threshold, you must wait before filing. Non-residents who were married in Vermont may file under § 592(b) only if both parties agree, have no minor children, and file a joint stipulation resolving all issues.

Vermont recognizes both no-fault and fault-based grounds for divorce under 15 V.S.A. § 551. The most common no-fault ground is living apart for six consecutive months, after which the court finds that resumption of marital relations is not reasonably probable (§ 551(7)). You may also file on no-fault grounds if both spouses agree the marriage is irretrievably broken due to irreconcilable differences. If only one spouse believes the marriage is irretrievably broken, you must wait six months before filing on that basis. Fault-based grounds include adultery, intolerable severity (cruelty), willful desertion for seven years, confinement in prison for three or more years, and refusal to provide suitable maintenance when able. Choosing no-fault grounds is simpler and faster because you do not need to prove your spouse's misconduct in court. Document the date your separation began.

Before filing, collect all documents you will need for the divorce proceedings, including your original marriage certificate or certified copy, birth certificates for any minor children, and two years of federal and state income tax returns. Vermont requires both parties to file Financial Affidavit Form 400-00813A (income and expenses) and Form 400-00813B (property and assets) in cases involving minor children or when the court or opposing party requests them. Having your financial records organized before filing streamlines the process. Collect recent pay stubs (at least four), bank account statements, retirement and investment account statements, real estate deeds, vehicle titles, and insurance policies. Create an inventory of all marital assets and debts. If you suspect your spouse may hide assets, consider photographing or photocopying documents before initiating the divorce, as access may become restricted later.

Vermont's divorce filing fee ranges from $90 for a stipulated uncontested divorce (for residents) to $295 for a contested divorce. Non-residents filing an uncontested divorce pay $180. If you cannot afford these fees, you may apply for a fee waiver by filing Form 600-00228 (Application to Waive Filing Fees and Service Costs). The court considers your household income, assets, expenses, and whether paying the fee would cause substantial hardship. Fee waivers can also cover service costs if a sheriff or constable serves the papers. You must provide documentation of your financial situation, including income verification, benefit statements, and a list of monthly expenses. The court typically grants fee waivers for individuals whose income falls below 200% of the federal poverty level. Low-income filers should also contact Vermont Legal Aid at 1-800-889-2047 or visit vtlegalaid.org for free legal assistance.

If domestic violence is a factor in your divorce, take immediate steps to protect yourself and your children before filing. Contact the Vermont Network Against Domestic and Sexual Violence at 1-800-228-7395 for confidential support, safety planning, and shelter referrals. Vermont allows you to request a Relief from Abuse order under 15 V.S.A. § 1103, which can grant you temporary custody, exclusive use of the family home, and prohibit your spouse from contacting you. The court can keep your address confidential if you are at risk. You may also file the Statement of Confidential Information (Form 400-00849) to protect your Social Security number and other sensitive data. Domestic violence is a ground for fault-based divorce under § 551 as intolerable severity. The court considers domestic violence when deciding parental rights and responsibilities under 15 V.S.A. § 665(b)(9).

Prepare the initial filing package for your Vermont divorce case. You will need approximately 8 to 10 forms if you have no minor children, or about 12 forms if you do have minor children. The core forms required to start the case include Form 400-00836 (Summons and Complaint for Divorce — use the 'with Children' version if you have minor children or the 'without Children' version if you do not), Form 800 (Family Court Information Sheet), Form 400-00849 (Statement of Confidential Information containing Social Security numbers), Form 400-00831 (Notice of Appearance for Self-Represented Litigant, if not represented by counsel), and the Vermont Department of Health Record of Divorce or Annulment (Form VDH-VR-DIV). Vermont offers a free online tool called VTCourtForms at vtlawhelp.org/vtcourtforms that walks you through each form with guided questions in English, French, Spanish, Arabic, and Nepali.

File your completed divorce forms with the clerk's office at the Family Division of the Superior Court in the Vermont county where either you or your spouse lives. You may file in person at the courthouse, by mail, or electronically through Vermont's e-filing portal at vermont.tylerhost.net/ofsweb. The filing fee is $295 for a contested divorce or $90 for a stipulated uncontested divorce if you are a Vermont resident ($180 for non-resident uncontested cases). If filing electronically, an additional 2.39% credit card convenience fee applies. If you have already received a fee waiver through Form 600-00228, submit the approved waiver with your filing. The clerk will stamp your documents with the filing date and assign a case number. Keep copies of all filed documents for your records. Once filed, the case officially begins and triggers the court's scheduling process.

After filing, you must serve your spouse with the Summons and Complaint within 60 days. Vermont provides four methods of service. The simplest method is voluntary Acceptance of Service: hand the papers to your spouse and have them sign Form 400-00844 (Acceptance of Service), then file the signed form with the court. Alternatively, you may have a sheriff or constable deliver the papers, which costs approximately $75 to $100 depending on location and number of attempts. If your spouse is out of state, you may use certified or registered mail with restricted delivery and return receipt requested — service is complete when the mail is delivered and the return receipt signed, or when acceptance is refused. If you cannot locate your spouse after diligent effort, you may petition the court for permission to serve by publication in a newspaper. The 21-day answer deadline begins on the date of service.

After being served, your spouse (the defendant) has 21 days to file an Answer using Form 400-00837 (Answer and Notice of Appearance). The 21-day period begins on the date the defendant signed the Acceptance of Service (Form 400-00844), the date they signed for certified mail, or the date the sheriff personally delivered the papers. The Answer allows the defendant to agree or disagree with each allegation in the Complaint and to file a Counterclaim requesting different relief. If the defendant needs additional time, they may file a motion for extension using Form 400-00830 (Miscellaneous Motion — Family Division). If your spouse fails to file an Answer within 21 days, you may request a default judgment, and the court may grant the divorce on the terms you requested in the Complaint. If your spouse files an Answer, the case proceeds to the case manager conference stage.

Both parties must complete and file Form 400-00813A (Financial Affidavit — Income and Expenses) and Form 400-00813B (Financial Affidavit — Property and Assets) with the court. If you have minor children, these forms are mandatory and must be filed before or at the first case manager conference. If you do not have children, the court or the opposing party may still require these forms during discovery. You must send a copy of your completed financial affidavits to the other party at the same time you file them with the court. To complete Form 813A, gather your last two years of tax returns, your most recent four pay stubs, and records of all income sources, monthly expenses, and debts. Form 813B covers all real estate, vehicles, bank accounts, retirement accounts, investments, and personal property. Incomplete or inaccurate financial disclosure can result in court sanctions and delays.

The court will schedule a case manager conference, typically four to eight weeks after the divorce is filed. Both parties must attend this meeting with a case manager at the courthouse. The conference takes place in an office or conference room, not a courtroom. The case manager can answer procedural questions, explain how Vermont courts typically handle child support calculations, and suggest ways the parties can agree on parenting arrangements and property division. The case manager is not a mediator and will not pressure either party to accept specific terms. However, many couples reach agreement on parenting schedules and child support during this meeting. If both parties reach agreement, the court reviews and signs the agreement within a few days, converting it into a court order. If the parties do not agree, the court schedules a hearing on temporary orders to address custody, support, and use of the marital home pending final resolution.

Vermont requires both parents to attend the Helping Children Cope With Separation and Divorce (COPE) program when minor children are involved. This four-hour workshop, administered through UVM Extension, teaches parents strategies to minimize the impact of separation on their children, improve co-parenting communication, and recognize signs of stress in children. Classes are offered online on various days and times so you can choose a schedule that works for you. The standard fee is $79 per parent, but reduced rates of $30 or $15 are available based on financial hardship — apply for the reduced fee when you register. You may take the course at any courthouse in Vermont or online, regardless of where your case is filed. Complete the course as early as possible, as the court will not schedule a final hearing until both parents have finished COPE. Contact UVM Extension at 1-800-639-2130 for the current schedule and registration information.

Either party or the judge may request mediation to resolve disputed issues including property division, spousal support, and parenting arrangements. Vermont's Family Mediation Program offers subsidized mediation for individuals earning up to $50,000 per year — the court pays part of the mediator's hourly fee, and your share depends on your household income. The parties select their own mediator rather than having one assigned by the court. Mediation is voluntary in that you do not have to reach agreement, but many judges order parties to attempt mediation before proceeding to trial. If you reach a full agreement through mediation or direct negotiation, document it using Form 400-00878 (Final Stipulation — Property, Debt and Spousal Support) and, if children are involved, Form 400-00825 (Stipulation on Parental Rights and Responsibilities). The court reviews the stipulation to ensure it is fair and in the best interests of any children before approval.

If you have minor children, the court typically will not schedule the final divorce hearing until at least six months after the case was filed, though a judge may allow an earlier hearing in some circumstances. At the final hearing, the judge reviews the stipulation or, in contested cases, hears testimony and evidence on all unresolved issues including property division, spousal support, and parental rights under 15 V.S.A. § 751 (property) and § 665 (parental rights and responsibilities). If you and your spouse have reached a complete agreement and filed all required stipulation forms, you may request the court waive the final hearing by filing Form 400-00841 (Stipulation and Motion to Waive Final Hearing). The judge will decide whether the hearing can be waived based on the completeness of your filings. If the judge grants the divorce, the decree nisi is entered, beginning the 90-day nisi waiting period under 15 V.S.A. § 554.

Under 15 V.S.A. § 554, Vermont imposes a mandatory 90-day nisi period after the judge enters the divorce decree. During this waiting period, the divorce is not yet final — it becomes absolute automatically at the expiration of 90 days from the date of entry. Both parties may request that the court waive or shorten the nisi period by agreeing to do so on Form 400-00878 (Final Stipulation), which includes a section asking whether you want to waive or shorten the period. The judge has discretion to grant or deny this request. Be aware that waiving the nisi period may affect your eligibility to remain on your spouse's health insurance plan and may change your income tax filing status for the year. If either party dies during the nisi period, the decree is deemed absolute immediately prior to death. Post-trial motions under the Vermont Rules of Civil Procedure must be filed within their deadlines calculated from the decree date, not the nisi expiration.