How to File for Divorce in Vermont

Vermont divorces are handled by the Family Division of the Superior Court. Vermont uses equitable distribution and offers no-fault and fault options. Most uncontested cases finish with a short hearing, followed by a brief nisi period before the divorce becomes absolute.

Requirements to File

A party must have lived in Vermont for at least six months before filing and be a resident for one year by the final hearing. File in the Family Division for the county where either spouse resides. For no-fault, spouses must have lived separate and apart for at least six consecutive months with no reasonable prospect of reconciliation.

Step-by-Step Process

Step 1: Choose your path and prepare forms. For an uncontested case, complete a Complaint for Divorce, Summons, and financial affidavits with a proposed Separation Agreement. With children, include a Parenting Plan; some courts require a parenting class.

Step 2: File with the clerk. File at the Family Division clerk’s office. Pay the filing fee or request a fee waiver. You’ll receive a docket number and file-stamped copies.

Step 3: Serve your spouse. Use constable, sheriff, or process server, mail with acknowledgment where allowed, or obtain a signed acceptance. If you cannot locate your spouse after diligent search, request alternate service. Keep proof of service.

Step 4: Observe deadlines and disclosures. A defendant typically has 21 days to answer after service. Exchange complete financial information early; clean disclosures help with settlement and court review.

Step 5: Settlement or hearing. If you settle, submit your Separation Agreement, child-related orders if applicable, and a proposed Final Order and Decree. The court will schedule a final hearing (often brief for uncontested matters).

Step 6: Final order and nisi period. The judge issues a Final Order and Decree of Divorce. Vermont decrees ordinarily become absolute after a short nisi period (often 90 days) unless waived or modified. Obtain certified copies when absolute.

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FAQs

What are Vermont’s residency rules for divorce?
You need six months of residency to file and one year by the time of the final hearing.

Is there a separation requirement in Vermont?
For no-fault, spouses must have six months of continuous separation with no reasonable prospect of reconciliation.

When is my divorce final in Vermont?
After the court issues the decree, it typically becomes absolute following a short nisi period unless waived or changed.