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Filing for divorce in Vermont

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Vermont court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
400-00836 Summons and Complaint for Divorce, in with-children or without-children versions
Form 800 Information Sheet and 400-00849 Statement of Confidential Information
VDH-VR-DIV Health Department record
400-00813A Financial Affidavit for income and expenses, and 400-00813B for property and assets
400-00844 Acceptance of Service, and 400-00837 Answer filed by your spouse
400-00878 Final Stipulation covering property, debt, and spousal support
400-00825 Agreement on Parental Rights and Responsibilities, if you have children
400-00200 Vehicle Addendum, and Form 228 to waive filing fees
Where you fileFamily Division of the Superior Court in your county. VTCourtForms at vtlawhelp.org guides you through the forms in several languages.
What it costs$295 contested, or about $90 with a complete stipulation and one resident spouse. The COPE parenting class runs about $79, reducible for hardship.
The sequence
1. File the complaint with the information sheet, confidential information statement, and health department record. You can file before the six-month separation is complete and let the clock run.
2. Serve your spouse within 60 days. The simplest route is a voluntary Acceptance of Service. They then have 21 days to answer.
3. Complete both Financial Affidavits. Attach your four most recent pay stubs, and send copies to your spouse at the same time you file.
4. Attend the case manager conference, usually 4 to 8 weeks after filing. If you have children, both parents complete the 4-hour COPE class, and the court will not schedule a final hearing without proof.
5. If you agree, file the Final Stipulation. Filing with a complete stipulation cuts the fee substantially.
6. After the final hearing, the 90-day nisi period runs and the divorce becomes final automatically. You can ask to waive or shorten it in the stipulation.
Think before waiving the nisi period. You remain legally married during it, which affects health insurance eligibility and tax filing status. The Vermont Judiciary Access and Resource Center at 802-879-1185 helps with forms but does not give legal advice.
Court forms

Vermont files a Complaint for Divorce in the Superior Court, Family Division, using the state's forms (Form 400-00836) or the free VTCourtForms guided interview. Filing fees run about $90 for stipulated cases to $295 contested, waivable for low-income filers.

Vermont Judiciary: divorce formsOfficial Family Division divorce complaint and financial affidavit forms.
Vermont Law Help: VTCourtFormsFree guided divorce-form interview available in several languages.
State rules and gotchas

Two residency clocks, and a mandatory 90-day "nisi" at the end Verified Jul 2026

Vermont has an unusual dual requirement: six months of residency to file, but a full year of residency before the court can enter a final decree. And even after the judge grants the divorce, a 90-day "nisi" period runs before it becomes absolute, during which you cannot remarry (though you can ask to waive it in an agreed case).

Source: 15 V.S.A. Sections 592 and 551. Confirm the current rule with the court before relying on it.

No-fault means six months living apart, even under the same roof Verified Jul 2026

Vermont's no-fault ground requires living separate and apart for six consecutive months with no reasonable prospect of reconciliation. You can file first and let the clock run, and courts read "living apart" broadly, so separate bedrooms, separate finances, and no marital relations in the same house can qualify.

Source: 15 V.S.A. Section 551(7). Confirm with the court.

It is an all-property state, but fault stays out of it Verified Jul 2026

Vermont can divide all property either spouse owns, whenever and however acquired, including premarital assets, gifts, and inheritances, starting from a presumption of equal division. At the same time, the court does not weigh marital misconduct like adultery when dividing property or setting support.

Source: 15 V.S.A. Sections 751 and 752. Confirm with the court.

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