Vermont offers two paths to end a marriage: a "stipulated" (uncontested) divorce where both parties agree, or a contested divorce requiring court intervention. Vermont requires six months of living "separate and apart" before finalizing any divorce, plus a unique 90-day "nisi period" after judgment. A stipulated divorce costs $90-$2,500 and takes 3-4 months after separation, while contested cases cost $10,000+ and extend 8-12 months. Understanding online versus traditional divorce can help guide your decision.
Understanding Vermont Divorce Requirements
Before filing for divorce in Vermont, you must meet residency requirements. Under 15 V.S.A. Chapter 11, either spouse must have lived in Vermont for at least six months before filing. However, one spouse must have been a Vermont resident for a full year before the divorce can be finalized.
Vermont requires that couples live "separate and apart" for at least six consecutive months before a final hearing. This means living separate lives—though you can technically remain under the same roof if you're no longer functioning as a married couple.
Stipulated Divorce: Vermont's Uncontested Path
In Vermont, an uncontested divorce is called a "stipulated divorce." Both spouses file jointly, submitting a complete agreement—called a stipulation—that resolves all issues including property division, debt allocation, spousal support, and child custody.
Benefits of Stipulated Divorce
- Significantly lower filing fee ($90 vs. $295)
- Option to waive or shorten the 90-day nisi period
- Final hearing is typically brief and straightforward
- No need for extensive court appearances
Stipulated Divorce Costs and Timeline
- Filing fee: $90 (residents), $180 (non-residents)
- 6-month separation period required
- 90-day nisi period (can be waived by agreement)
- Timeline: 3-4 months after filing (if separation complete)
Contested Divorce: When Agreement Isn't Possible
When spouses cannot agree on all issues, one spouse files a divorce complaint alone. The Vermont Judiciary processes contested cases through discovery, potential mediation, and if necessary, trial before a Family Division judge.
Common Contested Issues
- Property division: Vermont uses equitable distribution—assets are divided fairly based on multiple factors
- Spousal maintenance: Based on need, ability to pay, and marriage duration
- Child custody: Courts prioritize the child's best interests
- Child support: Calculated using Vermont's child support guidelines
The Nisi Period
Under Vermont law, after a judge grants your divorce, there's a 90-day "nisi period" before it becomes final. In stipulated divorces, both parties can agree to waive this period. However, there may be insurance or tax reasons to keep it—one spouse might remain on the other's health insurance during this time.
Contested Divorce Costs and Timeline
- Filing fee: $295
- Attorney fees: $8,000-$20,000+ depending on complexity
- Nisi period: 90 days (cannot be waived unilaterally)
- Timeline: 8-12 months typical for contested cases
Vermont Divorce Cost Comparison
| Factor | Stipulated | Contested |
|---|---|---|
| Filing Fee | $90 | $295 |
| Attorney Fees | $0-$2,000 | $8,000-$20,000+ |
| Nisi Period | Can waive | 90 days required |
| Timeline | 3-4 months | 8-12 months |
| Total Cost Range | $90-$2,500 | $10,000-$25,000+ |
Estimate Your Vermont Divorce Costs
Use our calculator to estimate potential costs based on your situation:
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
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.
Special Requirements When Children Are Involved
Vermont requires parents to submit a parenting plan addressing custody, visitation schedules, and decision-making. The court focuses on the child's best interests when approving any custody arrangement. Both stipulated and contested divorces involving children must include child support calculations based on Vermont's guidelines. For complete details, review the Vermont divorce filing checklist.
Factors to Consider When Choosing Your Path
Several factors should guide your decision between stipulated and contested divorce:
- Agreement level: Can you and your spouse agree on all major issues?
- Timeline: Are you willing to wait through the separation and nisi periods?
- Insurance needs: Will waiving the nisi period affect health coverage?
- Cost tolerance: Can you afford contested divorce litigation?
Disclaimer
This article provides general information about Vermont divorce laws and is not legal advice. Laws change, and your situation may have unique factors. Consult with a qualified Vermont family law attorney before making decisions about your divorce.
Next Steps for Your Vermont Divorce
Whether you pursue a stipulated or contested divorce, preparation is essential. The Vermont Judiciary provides comprehensive self-help forms and instructions for both paths, including the Final Stipulation form for uncontested cases.
Remember that the six-month separation period begins when you start living separate lives—not when you file. Use this time to gather financial documents, prepare your parenting plan if you have children, and work toward agreement on outstanding issues. The path you choose today will shape your financial future and family relationships.
