How to File for Divorce in Vermont

A divorce or annulment can be filed if either spouse has lived in Vermont for six months or more, but a divorce cannot be granted unless one spouse has lived in Vermont for the one year before the final hearing. Temporary absence for illness, out-of-state work, military service or another legitimate reason does not interrupt residence. Non-residents who married in Vermont may file a fully agreed divorce in the county where their marriage certificate was filed if their home state will not recognize the marriage for divorce and they have no minor children of the marriage.

The fee to file for divorce, annulment, civil union dissolution or legal separation is $295 without a stipulation, $90 with a full stipulation (agreement) when one or both spouses are Vermont residents, or $180 with a stipulation when neither is a resident. If the case becomes contested, the difference must be paid before the final order. You can apply to waive filing fees and service costs.

Spouses who agree on everything at the start can file a stipulated divorce, which has a lower filing fee, using the Judiciary's stipulation forms and checklists; the stipulation must be approved by the court. If certain requirements are met, the parties can ask to waive the final hearing with a Stipulation and Motion to Waive Final Hearing, but this is not available if an abuse prevention order is in effect between the parties. Forms can be completed with the VTCourtForms guided interview.

There is no separate waiting period after filing beyond the residency rules (one year of residence by the final hearing) and, for the no-fault ground, six months of living apart. A divorce decree is first a "decree nisi" and becomes absolute 90 days after it is entered, unless the court sets an earlier date. If a party dies during the nisi period, the decree is treated as absolute immediately before death.

The Vermont Judiciary posts fillable statewide forms to start a divorce in the Family Division: Complaint for Divorce/Legal Separation/Dissolution without Children (400-00836NoChildren) or with Children (400-00836Children), Information Sheet (400-00800), Notice of Appearance for Self-Represented Party (400-00831), Statement of Confidential Information (400-00849) and the Department of Health Record of Divorce or Annulment (VDH-VR-DIV). Forms can also be completed with VTCourtForms, a free online guided interview that fills in the forms for you to download, print or email. Parties can register for a Public Portal account to view their case online.