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How Long Does Divorce Take in Vermont?

10 min read
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Considering divorce in Vermont? Understanding the state's unique timeline features is essential for planning. Vermont requires 6 months of residency to file and 1 year of residency before the final decree, making it one of the few states with dual residency requirements. Additionally, Vermont's distinctive 90-day "nisi" period—a waiting period after the final hearing before the divorce becomes absolute—can significantly impact your timeline, though it can be waived by mutual agreement. Before starting, consult our detailed Vermont divorce filing checklist for all required forms and documentation.

Whether you're pursuing an uncontested stipulated divorce (as fast as 3-8 months) or navigating a contested case (12-18+ months), understanding these requirements helps you plan realistically and avoid unnecessary delays.

Quick Answer: Vermont Divorce Timeline

  • Nisi Period: 90 days after final hearing (can be waived by agreement)
  • Uncontested Stipulated Divorce: 3-8 months total
  • Uncontested (with hearing): 6-12 months
  • Contested Divorce: 12-18 months or longer

Key Requirements:

  • Residency to File: 6 months
  • Residency for Final Decree: 1 year continuous
  • Filing Fee: $295 (contested); $90/$180 (stipulated)
  • Filing Court: Vermont Superior Court, Family Division
  • Grounds: No-fault (6-month separation) or fault-based

The timeline depends heavily on whether you file a stipulated final order (both parties agree on everything), court calendar availability, and whether you waive the nisi period.

Vermont's Unique Divorce Features

Dual Residency Requirements

Vermont's residency structure is unusual: you need only 6 months of residency to file for divorce, but you must have lived in Vermont continuously for 1 year before the court can enter a final decree. This means even a fast uncontested case still requires meeting the 1-year threshold before finalization. Temporary absences for employment, military service, or illness don't break continuity if you maintain Vermont as your residence.

The 90-Day Nisi Period

Vermont divorces use a "decree nisi" (pronounced "knee-see")—a final order that doesn't become absolute for 90 days. This cooling-off period serves as a last chance for reconciliation. However, if both parties agree, the judge can waive or shorten this period. Waiving the nisi period may affect health insurance coverage continuation and income tax filing status, so consider these factors carefully before requesting a waiver.

Tiered Filing Fee Structure

Vermont offers reduced filing fees for stipulated divorces. A contested divorce costs $295 to file. If you file a complaint with a complete stipulation for a final order (uncontested), the fee drops to $90 if one or both parties are Vermont residents, or $180 if neither party is a resident. Fee waivers are available for those earning less than 150% of the Federal Poverty Level.

Uncontested Timeline Breakdown

Stipulated Divorce (Fastest Option): 3-8 Months

Months 1-3: File complaint with complete stipulation covering custody, support, and property division. Pay reduced $90 or $180 filing fee. Defendant files acceptance of service or is served. Complete mandatory financial affidavits (Forms 813A and 813B).

Months 4-6: Reach 1-year residency requirement if needed. If stipulation waives final hearing, court reviews paperwork and enters decree. If hearing required, attend brief uncontested hearing where judge reviews agreement.

Months 6-8: If nisi period not waived, decree becomes absolute 90 days after entry. If waived by agreement, divorce is final immediately or on judge's designated earlier date.

What makes it faster: Complete, detailed stipulation; waiver of final hearing and nisi period; prompt completion of financial disclosures; meeting 1-year residency early.

Contested Timeline Breakdown

Contested Divorce: 12-18 Months

Month 1: One spouse files complaint. Court issues case management order. Defendant served by certified mail (restricted delivery) or process server.

Days 21-30: Defendant files answer within 21 days of service. Both parties file financial affidavits (Forms 813A and 813B).

Months 2-6: Discovery process, including document exchanges and potential depositions. File motions for temporary orders if immediate relief needed (temporary custody, support, exclusive use of residence). Court may schedule case management conference.

Months 6-12: Mediation attempts (not mandatory statewide but often ordered by judge). Settlement negotiations continue. If no settlement, case proceeds toward trial.

Months 12-18: Final hearing or trial. Judge issues final decree. 90-day nisi period begins (unless waived by agreement). Divorce becomes absolute 90 days after decree entry.

What extends the timeline: High-conflict custody disputes, complex property valuations, business asset division, retirement account divisions requiring QDROs, domestic violence allegations requiring relief-from-abuse proceedings.

Filing Fees and Costs

As of January 2025, Vermont divorce filing fees are:

  • Contested divorce: $295
  • Stipulated divorce (resident): $90
  • Stipulated divorce (non-resident): $180
  • Credit card convenience fee: 2.39%
  • Fee waivers available for those earning <150% Federal Poverty Level

Additional costs:

  • Process server: $50-$150
  • Mediation: $150-$350/hour (rates vary by mediator)
  • Custody evaluation: $2,000-$8,000+ if ordered
  • Attorney fees: $250-$400/hour (varies by location and complexity)

Official fee information is available on the Vermont Judiciary fees page.

Calculate Your Estimated Divorce Costs

Use our free calculator to estimate your total divorce costs based on your specific situation in Vermont, including filing fees, attorney costs, and potential additional expenses.

Divorce Cost Calculator

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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.

Tips to Speed Up Your Divorce

File with Complete Stipulation: If you agree on all issues, filing with a complete stipulation reduces fees and eliminates contested proceedings, potentially saving months.

Waive or Shorten the Nisi Period: If both parties agree, ask the judge to waive the 90-day nisi period to finalize your divorce immediately after the final order. Consider health insurance and tax implications before waiving.

Prepare Financial Disclosures Early: Gather pay stubs, tax returns (3 years), retirement account statements, and asset/debt documentation before filing. Complete Forms 813A and 813B promptly.

Use VTCourtForms System: Vermont's guided interview system helps self-represented litigants prepare accurate documents, reducing delays from paperwork errors.

Meet Residency Early: Ensure you'll meet the 1-year residency requirement by the time you're ready for a final hearing. Don't file at 6 months if you'll need to wait months for the 1-year threshold.

Frequently Asked Questions

How long must I live in Vermont to file for divorce?

You must be a Vermont resident for 6 months before filing. However, one spouse must have lived continuously in Vermont for 1 year before the final divorce decree can be entered.

What is the nisi period and can it be waived?

The nisi period is a 90-day waiting period after the final hearing before your divorce becomes absolute. It can be waived or shortened if both parties agree and the judge approves. Waiving may affect health insurance and tax filing status.

What are Vermont's grounds for no-fault divorce?

Vermont's primary no-fault ground is living separate and apart for at least 6 consecutive months with no reasonable prospect of reconciliation. You don't need to cite any wrongdoing by either spouse.

How much does it cost to file for divorce in Vermont?

Filing fees are $295 for contested divorces, $90 for stipulated divorces where one or both parties are residents, and $180 for stipulated divorces where neither party is a resident. Fee waivers are available for low-income filers.

Plan Your Next Steps

Understanding Vermont's divorce timeline—including the dual residency requirements and unique nisi period—helps you set realistic expectations and choose the most efficient pathway. Whether you're pursuing a 3-8 month stipulated divorce or navigating a year-long contested case, knowing the procedural requirements and potential delays allows you to move forward confidently. For guidance on contested cases, explore our article on divorce battle or mediation costs to make informed decisions.

For detailed procedural guidance, visit the Vermont Judiciary Divorce Process page or use the VTCourtForms guided interview system.

Ready to Navigate Your Divorce Journey?

Divorce AI provides comprehensive tools and guidance to help you through every step of the divorce process, from initial filing to final decree.

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Disclaimer

This article is for informational purposes only and does not constitute legal advice. Vermont divorce laws are complex and fact-specific. For guidance tailored to your situation, consult a licensed Vermont family law attorney. Court procedures, fees, and timelines may vary by county and judge. Always verify current requirements with your local Vermont Superior Court or VTLawHelp.

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