Divorce Resources in Vermont

To file for divorce in Vermont, you must have been a resident of the state for at least six months before filing, and either you or your spouse must have lived continuously in Vermont for at least one year before the final divorce hearing can be held, as required under 15 V.S.A. § 592. Vermont allows no-fault divorce based on the parties having lived separate and apart for at least six consecutive months with no reasonable probability of reconciliation. You file in the Family Division of the Superior Court in the county where you or your spouse resides. The contested filing fee is $295, or $90 for a stipulated (uncontested) divorce where both parties agree on all issues. You may file in person, by mail, or electronically through Vermont's e-filing system.

Begin by completing the required initial forms: Information Sheet (Form 800), Complaint for Divorce (Form 400-00836, with or without children version), Statement of Confidential Information (Form 400-00849), Department of Health Record of Divorce or Annulment (VDH-VR-DIV), and Notice of Appearance for Self-Represented Party (Form 400-00831) if you do not have an attorney. These forms are available as fillable PDFs on the Vermont Judiciary website or through the VTCourtForms guided interview tool, which walks you through answering questions and auto-populates the forms. File all documents with the court clerk and pay the filing fee, or submit Form 600-00228 to request a fee waiver under 15 V.S.A. § 592.

After filing, you must serve the other party with the complaint and summons. Vermont offers several service methods: Acceptance of Service (Form 400-00844) at no cost, first-class mail with Notice of Action for $3.00, certified mail for $18.50, or personal service by a sheriff at varying cost. The defendant then has 21 days to file an answer using Form 400-00837. Both parties must complete and exchange Financial Affidavits (Forms 400-00813A and 400-00813B) before the first case manager conference, as required by the Vermont Rules of Family Procedure. If you have minor children, both parents must attend the four-hour COPE parenting class administered by UVM Extension, which costs $79 with reduced rates available.

For a stipulated divorce, both parties submit signed agreements resolving all issues: Final Stipulation on Property, Debt and Spousal Support (Form 400-00878) and, if children are involved, Agreement on Parental Rights and Responsibilities (Form 400-00825). The court may waive the final hearing for stipulated cases if all paperwork is complete, using the Stipulation and Motion to Waive Final Hearing (Form 400-00841). In contested cases, the court schedules a case manager conference followed by hearings as needed. After the judge signs the final decree, a 90-day nisi period applies under 15 V.S.A. § 558 before the divorce becomes absolute, unless both parties agree to waive all or part of this waiting period.

Vermont requires both parents of minor children to attend the four-hour Coping with Separation and Divorce (COPE) parenting class before the divorce can be finalized. The COPE program is administered by the University of Vermont Extension in collaboration with the Vermont Superior Court Family Division. The class focuses on helping parents understand family transitions from the child's perspective and learning strategies to minimize the impact of divorce on children. The cost is $79 per parent, with reduced rates of $30 or $15 available for those who demonstrate financial hardship. The court may order attendance under its authority to issue orders regarding parental rights and responsibilities pursuant to 15 V.S.A. § 665. To register, contact UVM Extension at 1-800-639-2130 or visit the UVM Extension website. In-person sessions are offered at various locations throughout Vermont; online options may be accepted depending on the county.

Mediation is not automatically mandatory in Vermont divorce cases, but the court may order it under Rule 18 of the Vermont Rules of Family Procedure. Under Rule 18, the court may order parties to participate in mediation of any issue if the court determines the issue could be resolved or clarified through mediation and that the interests of the parties and the court in a fair, economical, and efficient resolution would be served. The Vermont Superior Court Family Mediation Program provides subsidized mediation services to qualifying parties on a sliding-fee scale based on income. If mediation is ordered and a party fails to appear or comply, the court may impose sanctions including requiring payment of the opposing party's reasonable expenses and attorney fees, dismissing the action, rendering a default judgment, or other sanctions deemed appropriate. The court will not order mediation in cases involving domestic violence or abuse. For more information, visit the Family Mediation Program page.

Both parties in a Vermont divorce must complete and exchange Financial Affidavits consisting of two forms: Form 400-00813A (Income and Expenses) and Form 400-00813B (Property and Assets). These sworn disclosures must be filed with the court before or at the first case manager conference, or at least seven days before the first scheduled court hearing, as required by the Vermont Rules of Family Procedure. Form 813A requires detailed reporting of all income sources, tax information (including copies of the last two years of income tax returns and four most recent pay stubs), and monthly expenses. Form 813B requires disclosure of all real property, personal property, financial accounts, retirement accounts, and debts owned jointly or separately. In cases with minor children, these forms must be filed with the court; in cases without minor children, the forms must be exchanged between the parties but are not required to be filed with the court. Providing false information subjects a party to the penalty of perjury or other court sanctions under 15 V.S.A. § 751.