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Uncontested Divorce in Vermont
Requirements for an Uncontested Divorce in Vermont
To be eligible for an uncontested divorce in Vermont, both spouses must meet the following legal requirements:
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Residency:
At least one spouse must have lived in Vermont for at least 6 months before filing.-
The filing spouse must have lived in the state for 1 year before the divorce is finalized.
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Grounds for Divorce
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Most uncontested divorces are filed on no-fault grounds, meaning the couple has lived separately for at least 6 consecutive months, and the marriage is irretrievably broken
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Mutual Agreement:
Both spouses must fully agree on:
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Division of assets and debts
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Spousal support (alimony), if any
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Child custody, parenting plan, and support (if applicable)
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Steps to File for an Uncontested Divorce:
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Prepare the Required Forms
Forms vary slightly depending on whether you have children. Basic forms include:
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Complaint for Divorce
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Summons
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Financial Affidavit
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Final Stipulation (Settlement Agreement)
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Final Order and Divorce Decree
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Parenting Plan and Child Support Worksheet (if applicable)
Forms available here: https://www.vermontjudiciary.org/family/divorce
2. File with the Family Division
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File your documents with the Family Division of the Superior Court in the county where either spouse lives.
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Filing Fee: Approximately $90–$300
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You may file jointly or one spouse may file alone and serve the other.
3. Serve Your Spouse or Obtain Waiver
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If filing individually, you must serve your spouse with divorce papers unless they sign an Acceptance of Service or file a Notice of Appearance.
4. Submit Final Agreement
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File a Stipulation or Separation Agreement signed by both parties
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Also submit your Parenting Plan and Child Support Worksheet if children are involved.
5.Wait for Hearing or Court Review
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In some cases, a court hearing is required. In others, the court may issue a Final Divorce Decree after reviewing your paperwork.
Cost Considerations
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Filing Fee: $90 (joint) or ~$180–$300 (individual filing, depending on service needs)
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Attorney Flat Fee: $500–$1,200 (optional)
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Online Divorce Services: $150–$300
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Fee Waiver: You can apply using the Application to Waive Filing Fees and Service Costs
Important Considerations
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With Children:
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You must submit a Parenting Plan and complete a Child Support Calculation Worksheet
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Child support must follow Vermont’s guidelines
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Property Division:
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Vermont follows equitable distribution, meaning property is divided fairly (not necessarily equally)
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Spousal Support:
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Can be included in the settlement if both parties agree, or may be ordered by the court based on financial disparity
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Legal Review Recommended:
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Particularly important if your case involves real estate, retirement plans, or custody issues
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