Vermont Divorce Filing Checklist 2025

Vermont provides a well-organized divorce system through the Superior Court Family Division, with innovative features including drastically reduced filing fees for uncontested cases ($90 vs. $295), a comprehensive VTCourtForms guided interview system, and a unique 90-day "nisi" period before divorces become absolute—offering couples time to reconsider while providing legal certainty.

Residency Requirements: Two-Tier System

Vermont uses a unique two-stage residency approach under 15 V.S.A. § 592:

• To file: Either spouse must have resided in Vermont for 6 months
• For final decree: One spouse must have resided in Vermont for 1 year immediately before the final hearing

This means you can file after 6 months but must wait until the one-year mark before the court can finalize your divorce. Temporary absences for employment, illness, or military service don't break residency.

Dramatically Reduced Fees for Stipulated Cases

Vermont offers one of the most significant fee reductions for uncontested divorces in the nation:

• Standard contested filing fee: $295
• Stipulated case (residents): $90 (70% savings!)
• Stipulated case (nonresidents): $180
• E-filing use fee: $14 (optional, if using Odyssey File & Serve)

To qualify for the reduced fee, file with a complete Final Stipulation (Form 878) resolving all property, debts, spousal support, and (if applicable) custody and child support. If the stipulation is later rejected or the case becomes contested, you must pay the difference up to $295.

VTCourtForms: Guided Interview System

Vermont's VTCourtForms guided interview generates your complete initial filing package with plain-language instructions:

• Summons and Complaint for Divorce (Form 400-00836)
• Notice of Appearance for Self-Represented Party (Form 400-00831)
• Family Court Information Sheet (Form 800)
• Statement of Confidential Information (Form 400-00849)
• Department of Health Record of Divorce or Dissolution

Additional forms needed for contested cases include Financial Affidavits (Forms 813A and 813B), Parenting Plan (Form 825), and Child Support Order (Form 802).

Grounds for Divorce

Vermont recognizes both no-fault and traditional fault grounds under 15 V.S.A. § 551:

No-Fault (Most Common)

Living apart for six consecutive months with a court finding that resuming marital relations is not reasonably probable. This is by far the most common ground, as it avoids proving misconduct and narrows discovery issues.

Fault Grounds

• Adultery
• Intolerable severity (cruelty)
• Willful desertion or seven-year absence
• Refusal/neglect to support despite ability
• Imprisonment for life or three+ years
• Permanent psychiatric incapacity (with detailed statutory conditions)

Filing Fees and Costs

Vermont Superior Court, Family Division filing fees:

• Standard filing: $295
• Stipulated (resident): $90
• Stipulated (nonresident): $180
• Odyssey e-filing fee: $14 (plus card processing)
• Fee waiver available: Form 600-00228 for those who qualify

Estimate Your Vermont Divorce Costs

Use our calculator to estimate filing fees, service costs, and other expenses based on your specific situation. For more ways to keep your divorce affordable, explore our guide on saving money during divorce.

The 90-Day Nisi Period

Vermont has a unique "decree nisi" system under 15 V.S.A. § 554:

• Every divorce decree starts as "nisi" (not yet absolute)
• The decree becomes absolute 90 days after entry
• You cannot remarry during the nisi period
• The judge may set an earlier effective date if appropriate

This cooling-off period allows couples time to reconsider while providing legal certainty that the divorce will be final after 90 days unless the court intervenes.

Step-by-Step Filing Process

1. Prepare forms: Use VTCourtForms to generate initial package
2. File with Family Division: In your county or e-file via Odyssey File & Serve
3. Pay filing fee: $295 standard or $90/$180 if filing with stipulation
4. Serve defendant: Certified mail (restricted delivery), personal service, or waiver
5. Answer deadline: 21 days after service
6. Case management: Conference scheduled in child support cases
7. Financial disclosures: Forms 813A/B in contested cases
8. Final hearing: Or waive if stipulated and approved
9. Decree nisi: 90-day waiting period before absolute

Temporary Orders During Your Case

Vermont requires prompt temporary relief hearings under 15 V.S.A. § 594a, with orders issued within 14 days of the hearing. Temporary orders can address:

• Parental rights and responsibilities (custody)
• Parent-child contact (visitation)
• Temporary child support (magistrate can set quickly)
• Temporary spousal maintenance
• Exclusive possession of home
• Status-quo asset restraints

Timeline Expectations

For an in-depth look at each phase of Vermont's divorce process, see our guide on Vermont divorce timelines.

Uncontested Stipulated Divorce

• Total time: 3-5 months (120 days typical)
• Breakdown: 21-45 days to order + 90-day nisi period
• Key: Complete stipulation and may waive final hearing

Contested with Custody

• Total time: 9-18 months to absolute decree
• Phases: Temporary orders (2 months), discovery (2-8 months), trial (8-14 months), nisi (90 days)
• Variables: Court calendar, custody evaluation needs, expert involvement

Mediation and Settlement Options

Vermont courts may order mediation under V.R.F.P. 18, with important protections:

• Not automatically required statewide
• Court cannot order mediation if Relief-From-Abuse order is pending/active
• Remote mediation via video/phone expressly permitted
• Strongly encouraged as more economical than litigation