Going through a divorce is never easy, but understanding the legal process can help reduce stress and confusion. If you're considering filing for divorce in Vermont, this guide will walk you through everything you need to know, from residency requirements to finalizing your decree.
Can You File for Divorce in Vermont?
Before you start the divorce process, you need to make sure Vermont courts have the authority to handle your case. The good news is that the residency requirements are fairly straightforward.
Residency Requirements
To file for divorce in Vermont, either you or your spouse must have lived in the state for at least six months. However, there's an important catch: the court won't issue your final divorce decree until one of you has been a Vermont resident for at least one year.
If you've temporarily lived outside Vermont for work, military service, or health reasons, don't worry. These absences won't affect your residency status as long as you've maintained Vermont as your primary home.
Special Rules for Civil Unions
Vermont recognizes civil unions, and the dissolution process follows similar steps to divorce. If you had a civil union in Vermont but neither of you currently lives in the state, you can still dissolve your civil union here under specific conditions. You must have gotten the civil union in Vermont; neither of your current states allows you to dissolve it, you don't have minor children together, and you both agree on how to handle property and debts.
Vermont's Divorce Grounds
Vermont allows both "no-fault" and "fault-based" divorces, giving couples options based on their specific situations.
No-Fault Divorce
The most common way to get divorced in Vermont is through a no-fault divorce. This means you don't need to prove that your spouse did something wrong. Instead, you must show that you and your spouse have lived separate and apart for at least six months, and it's not reasonably probable that you'll get back together.
Living "separate and apart" doesn't necessarily mean you need different addresses. Vermont courts recognize that couples can live separate lives even under the same roof, as long as you're maintain separate bedrooms and not functioning as a married couple.
Fault-Based Grounds
While less common, you can also file for divorce based on fault grounds, including adultery, intolerable severity (cruelty that threatens your physical or mental health), willful desertion or absence for seven years, refusal to provide financial support despite having the ability to do so, imprisonment for three or more years, or permanent incapacity due to mental health conditions.
Most people avoid fault-based divorces because they tend to be more contentious and expensive. They can make reaching agreements on child custody and property division more difficult.
How Long Does a Vermont Divorce Take?
The timeline for your divorce depends on several factors, but Vermont has specific waiting periods built into the law.
Mandatory Waiting Periods
Three key time requirements affect how quickly you can finalize your divorce. First, you and your spouse must have lived separately and apart for at least six months before the final hearing. Second, if you're filing as a Vermont resident, you must wait until you've lived in the state for one year before your final hearing. Third, if you have children together, the court will wait six months between when you file and your final hearing.
These time periods can overlap. For example, if you've been separated for two months and have lived in Vermont for three years, you could potentially have your final divorce hearing in four months (once you reach the six-month separation mark).
The Nisi Period
After the judge signs your divorce decree, there's typically a 90-day waiting period called the "nisi period" before your divorce becomes absolute. This gives you and your spouse a final chance to reconcile. However, in a stipulated divorce where you both agree on everything, you can waive this waiting period and finalize your divorce immediately.
Stipulated vs. Contested Divorce
A stipulated divorce happens when you and your spouse agree on all major issues, including division of property and debts, child support and custody arrangements (if applicable), and spousal support (alimony).
The benefits of a stipulated divorce include lower court filing fees ($90 versus $295 for contested cases), a faster process, less expense overall, the ability to waive the 90-day nisi period, and potentially waiving the final hearing.
Contested Divorce
A contested divorce occurs when you and your spouse can't agree on one or more issues. These cases typically involve multiple court hearings, higher legal costs, longer processing times, and more emotional stress.
Even if your divorce starts as contested, many couples eventually reach settlements through negotiation or mediation, avoiding the need for a trial.
Getting Your Divorce Forms Ready
Vermont provides forms to help you file for divorce, but you'll need different paperwork depending on your situation.
Basic Forms Everyone Needs
When starting your divorce case, you'll need to complete a Notice of Appearance (which shows you're representing yourself and provides your contact information), a Family Court Information Sheet (containing basic information about you, your spouse, and any children), a Statement of Confidential Information (including Social Security numbers), and a Record of Divorce form required by the Vermont Department of Health.
Complaint Forms
You'll also need either a Summons and Complaint for Divorce Without Children (if you have no minor children together) or a Summons and Complaint for Divorce With Children (if you have children under 18 or still in high school).
These forms tell the court what you're asking for, such as child support, custody arrangements, division of property, or spousal support.
Additional Forms for Stipulated Divorces
If you're filing together for a stipulated divorce, you'll also need your spouse's Answer form, a Parenting Plan Stipulation (if you have children), a Child Support Order (if you have children), and a Stipulation and Motion to Waive Final Hearing.
Financial Affidavits
If you have minor children, you must complete financial affidavits showing your income, expenses, assets, and debts. Even without children, the court may require these forms. Be thorough and honest; failing to disclose financial information can result in penalties.
Filing Your Divorce Papers
Once your forms are complete, you'll file them with the Family Division of the Superior Court in the county where you or your spouse lives.
Filing Fees
As of 2025, Vermont's divorce filing fees are $90 for a stipulated divorce (both spouses are Vermont residents), $180 for a stipulated divorce (neither spouse is a Vermont resident), or $295 for a contested divorce.
If you can't afford the filing fee, you can apply for a fee waiver by completing an Application to Waive Filing Fees and Service Costs. The court should waive the fee if you receive public assistance or if your income is less than 150% of the Federal Poverty Level.
Serving Your Spouse with Divorce Papers
After filing your complaint, you need to make sure your spouse receives official notice of the divorce.
Service Methods
If you're filing a stipulated divorce, there's no need for formal service of process; just make sure you both have complete copies of all documents.
For contested cases, the easiest method is having your spouse sign an Acceptance of Service form. If your spouse won't cooperate and you have minor children, the court clerk will handle service. Without children, you can mail the papers using first-class mail along with a waiver request, have a sheriff or constable deliver them, or send them via certified mail.
You must complete service within 60 days after filing the complaint, or the judge may dismiss your case.
What Happens After Filing
Once you've filed and served your divorce papers, several things may happen depending on your situation.
Responding to the Complaint
In a stipulated divorce, your spouse's answer is already included with the initial documents. In contested cases, your spouse has 21 days to respond after being served. If they don't respond, the judge may grant what you've requested.
Financial Disclosures
If you have minor children, both spouses must file and exchange financial affidavits. The court might require these even without children. You'll need to attach documentation like pay stubs to verify your information.
Parenting Education Course
When you have minor children, the judge may order you to participate in the COPE (Coping With Separation and Divorce) program through the University of Vermont.
Mediation
The judge may require you and your spouse to participate in mediation for disputed issues. However, the court won't order mediation if you've already tried it or if there have been allegations of domestic violence.
Child Support and Custody Considerations
If you have minor children, the divorce will address child support and custody arrangements.
Child Support Orders
Vermont uses guidelines to calculate child support based on both parents' available income. The court presumes these guideline amounts are appropriate unless there are special circumstances. Child support orders must include provisions for health insurance or cash contributions toward medical coverage.
Parental Rights and Responsibilities
The court makes decisions about parental rights and responsibilities based on the best interests of the child. Factors include the relationship between each parent and child, each parent's ability to provide for the child's needs, the quality of the child's current living situation, and any history of domestic violence or abuse.
Vermont law encourages maximum contact with both parents unless such contact would harm the child or a parent.
Finalizing Your Vermont Divorce
As you approach the end of your divorce process, keep these final steps in mind.
The Final Hearing
In a stipulated divorce, you may be able to waive the final hearing if both parties agree and the court approves. Contested divorces typically require at least one hearing where the judge makes decisions on disputed issues.
When Your Divorce Becomes Final
Remember that even after the judge signs your divorce decree, there's usually a 90-day nisi period before your divorce becomes absolute (unless waived in a stipulated divorce). During this time, you're still legally married.
Do You Need a Lawyer?
Many people in Vermont complete their divorce without a lawyer, especially in stipulated cases. Representing yourself is called "pro se." However, you should consider hiring a lawyer if there has been domestic violence, you have a disability that makes court difficult, your spouse has a lawyer, you or your spouse owns real estate or a business, you have retirement accounts or pensions, or there are complex financial issues.
Even if you handle most of the divorce yourself, you might want to consult with a lawyer for specific questions or to review your settlement agreement.
Moving Forward
Filing for divorce in Vermont involves careful attention to residency requirements, proper paperwork, and specific timelines.
Remember to keep copies of all documents, meet the residency requirements before your final hearing, complete all financial disclosures honestly, and consider mediation if you're having trouble reaching agreements with your spouse. With patience and proper preparation, you can complete the divorce process and start the next chapter of your life.