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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:
 

  1. 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.
       

  2. Grounds for Divorce 

    • 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

  3. Mutual Agreement:

    Both spouses must fully agree on:

    • Division of assets and debts

    • Spousal support (alimony), if any

    • Child custody, parenting plan, and support (if applicable)

Steps to File for an Uncontested Divorce:

  1. Prepare the Required Forms

Forms vary slightly depending on whether you have children. Basic forms include:

  • Complaint for Divorce

  • Summons

  • Financial Affidavit

  • Final Stipulation (Settlement Agreement)

  • Final Order and Divorce Decree

  • Parenting Plan and Child Support Worksheet (if applicable)

 

Forms available here: https://www.vermontjudiciary.org/family/divorce
 

2. File with the Family Division

  • File your documents with the Family Division of the Superior Court in the county where either spouse lives.

  • Filing Fee: Approximately $90–$300

  • You may file jointly or one spouse may file alone and serve the other.


3. Serve Your Spouse or Obtain Waiver

  • 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

  • File a Stipulation or Separation Agreement signed by both parties

  • Also submit your Parenting Plan and Child Support Worksheet if children are involved.
     

5.Wait for Hearing or Court Review

  • In some cases, a court hearing is required. In others, the court may issue a Final Divorce Decree after reviewing your paperwork.

Cost Considerations

  • Filing Fee: $90 (joint) or ~$180–$300 (individual filing, depending on service needs)
     

  • Attorney Flat Fee: $500–$1,200  (optional)
     

  • Online Divorce Services: $150–$300
     

  • Fee Waiver: You can apply using the Application to Waive Filing Fees and Service Costs

Important Considerations

  • With Children:

    • You must submit a Parenting Plan and complete a Child Support Calculation Worksheet

    • Child support must follow Vermont’s guidelines

  • Property Division:

    • Vermont follows equitable distribution, meaning property is divided fairly (not necessarily equally)

  • Spousal Support:

    • Can be included in the settlement if both parties agree, or may be ordered by the court based on financial disparity

  • Legal Review Recommended:

    • Particularly important if your case involves real estate, retirement plans, or custody issues

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