Vermont · Divorce laws · Updated Oct 2026

Vermont divorce laws

Who can file for divorce in Vermont, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.

6 months (with exceptions)residency to file
See the rulewaiting period
Living apart for 6 consecutive monthsno-fault ground
Equitable distributionproperty
$295filing fee

Where and how to file in Vermont

Who can file (residency)
You can file once either spouse has lived in Vermont for 6 months, but the divorce can't be granted unless one of you has lived there for 1 year before the final hearing. (Special rule: non-residents married in Vermont can sometimes file in the county where the marriage certificate was filed if their home state won't recognize the marriage.)
Waiting period
After the final hearing, the divorce is a 'decree nisi' and becomes final automatically 90 days later; the judge can shorten or waive this if you both agree. The no-fault ground also requires living apart for 6 months in a row. With minor children a divorce usually takes at least 6 months (Vermont Judiciary).
Court
Vermont Superior Court, Family Division
Official forms
Divorce forms (Vermont courts)
Court self-help
Divorce self-help (Vermont courts)
Filing fee
$295 without a stipulation; $90 if you file a full stipulation and at least one of you is a resident; $180 with a stipulation if neither is a resident (32 V.S.A. 1431(b)(2); Vermont Judiciary fees page). If it becomes contested, you pay the difference.
If you can't afford the fee
Application to Waive Filing Fees and Service Costs: https://www.vermontjudiciary.org/self-help/application-waive-filing-fees-and-service-costs
Simpler process for agreed cases
Stipulated divorce: if you agree on everything before filing, you file together with a Final Stipulation (form 400-00878) and, with children, a parenting plan; reduced fee. In some cases you can ask to waive the final hearing and be divorced on the paperwork.
Law
15 V.S.A. 592 · 15 V.S.A. 554, 551(7)

Divorce in Vermont, step by step

  1. Check that you can file in Vermont

    You can file once either spouse has lived in Vermont for 6 months, but the divorce can't be granted unless one of you has lived there for 1 year before the final hearing.

  2. Get the official forms

    Use the court's official divorce forms: Divorce forms (Vermont courts) Stipulated divorce: if you agree on everything before filing, you file together with a Final Stipulation (form 400-00878) and, with children, a parenting plan; reduced fee.

  3. File the papers and pay the fee, or ask for a waiver

    File with the Vermont Superior Court, Family Division. Filing fee: $295 without a stipulation; $90 if you file a full stipulation and at least one of you is a resident; $180 with a stipulation if neither is a resident (32 V.S.A. 1431(b)(2); Vermont Judiciary fees page). Can't afford it? Application to Waive Filing Fees and Service Costs: https://www.vermontjudiciary.org/self-help/application-waive-filing-fees-and-service-costs.

  4. Serve your spouse

    Hand the papers to your spouse and have them sign an Acceptance of Service (form 400-00844); or mail them with a Notice of Action and Request for Waiver of Service (form 400-00820); or use the sheriff; publication if you can't find them.

  5. Your spouse responds

    21 days after service (from the day the acceptance/waiver was signed, or the day mail or sheriff service happened) The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

  6. Wait out the waiting period

    After the final hearing, the divorce is a 'decree nisi' and becomes final automatically 90 days later; the judge can shorten or waive this if you both agree.

  7. Agree, or go to mediation or a hearing

    Optional through the Family Mediation Program, but in some cases the judge may require you to meet with a mediator before the case moves on. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

  8. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. Unless there's good cause against it, the court must let a spouse resume a prior name.

Free tools for Vermont

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Divorce timeline estimator for Vermont

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

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An estimate from the waiting-period rule in our data, not legal advice. We compute a date only when the rule is one simple number of days or months counted from filing or from service; court schedules often add time.

Grounds for divorce in Vermont

No-fault ground
living apart for 6 consecutive months with resumption of marital relations not reasonably probable
Fault grounds
Also allowed
Living apart first
Yes: 6 consecutive months living separate and apart (can be met by the final hearing).
Law
15 V.S.A. 551 (adultery, imprisonment 3+ years, intolerable severity, willful desertion or 7 years' absence, refusal to support, incurable insanity, 6 months' separation)

Property and debts in Vermont

System
Equitable distribution
The rule
The court equitably divides all property of either spouse, however and whenever acquired, considering factors like length of marriage, age, health, income, job skills and contributions.
Law
15 V.S.A. 751

Alimony (spousal support) in Vermont

Called maintenance (rehabilitative or long-term). The court uses statutory guidelines based on length of marriage: under 5 years: 0-16% of the difference in gross incomes, none or up to 1 year; 5-10 years: 12-29%, for 20-50% of the marriage's length; 10-15 years: 16-33%, 40-60%; 15-20 years: 20-37%, 40-70%; 20+ years: 24-41%, 45% (9-20+ years). The judge can deviate based on statutory factors. 15 V.S.A. 752.

Children: custody and support in Vermont

What Vermont calls custody
parental rights and responsibilities (legal and physical) and parent-child contact
Parenting class
Required: both parents must take 'Helping Children Cope With Separation and Divorce' (COPE), offered online (Vermont Judiciary, Divorce Process).
Child support calculator
Official child support calculator or guidelines
Child support agency
Vermont Office of Child Support (DCF)

Serving your spouse in Vermont

How your spouse gets the papers
Hand the papers to your spouse and have them sign an Acceptance of Service (form 400-00844); or mail them with a Notice of Action and Request for Waiver of Service (form 400-00820); or use the sheriff; publication if you can't find them.
Time to respond
21 days after service (from the day the acceptance/waiver was signed, or the day mail or sheriff service happened)
Law
Vermont Judiciary: Divorce Process; Serving Papers

Going back to a former name in Vermont

Yes. Unless there's good cause against it, the court must let a spouse resume a prior name. 15 V.S.A. 558.

Mediation in Vermont

Optional through the Family Mediation Program, but in some cases the judge may require you to meet with a mediator before the case moves on.

If you are in danger

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.

Protective orders in Vermont: Vermont relief from abuse orders and divorce: https://www.vermontjudiciary.org/family/divorce/divorce-civil-union-dissolution-and-relief-abuse

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Free help in Vermont

Good to know in Vermont

  • Vermont puts alimony guidelines (percentages and durations) right in the statute. (15 V.S.A. 752)
  • A full stipulation cuts the filing fee from $295 to $90 for residents. (32 V.S.A. 1431(b)(2))
  • Divorces become final 90 days after the decree (the nisi period). (15 V.S.A. 554)

Changes in 2024–2026

15 V.S.A. 558 (resuming a prior name) was amended by 2023 Act No. 161, effective June 6, 2024.

Divorce checklist for Vermont

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About your situation

Questions about divorce in Vermont

How long do you have to live in Vermont to file for divorce?

You can file once either spouse has lived in Vermont for 6 months, but the divorce can't be granted unless one of you has lived there for 1 year before the final hearing. (Special rule: non-residents married in Vermont can sometimes file in the county where the marriage certificate was filed if their home state won't recognize the marriage.)

How long does a divorce take in Vermont?

After the final hearing, the divorce is a 'decree nisi' and becomes final automatically 90 days later; the judge can shorten or waive this if you both agree. The no-fault ground also requires living apart for 6 months in a row. With minor children a divorce usually takes at least 6 months (Vermont Judiciary).

What are the grounds for divorce in Vermont?

Vermont's no-fault ground is living apart for 6 consecutive months with resumption of marital relations not reasonably probable. Fault grounds are also allowed. Yes: 6 consecutive months living separate and apart (can be met by the final hearing).

Is Vermont a community property state?

No. Vermont uses equitable distribution. The court equitably divides all property of either spouse, however and whenever acquired, considering factors like length of marriage, age, health, income, job skills and contributions.

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

$295 without a stipulation; $90 if you file a full stipulation and at least one of you is a resident; $180 with a stipulation if neither is a resident (32 V.S.A. 1431(b)(2); Vermont Judiciary fees page). If it becomes contested, you pay the difference.

Can I get the divorce filing fee waived in Vermont?

Application to Waive Filing Fees and Service Costs: https://www.vermontjudiciary.org/self-help/application-waive-filing-fees-and-service-costs

Is there a simpler divorce process in Vermont?

Stipulated divorce: if you agree on everything before filing, you file together with a Final Stipulation (form 400-00878) and, with children, a parenting plan; reduced fee. In some cases you can ask to waive the final hearing and be divorced on the paperwork.

How long does my spouse have to respond in Vermont?

21 days after service (from the day the acceptance/waiver was signed, or the day mail or sheriff service happened)

Can I change my name back in a divorce in Vermont?

Yes. Unless there's good cause against it, the court must let a spouse resume a prior name. 15 V.S.A. 558.

Is mediation required in a divorce in Vermont?

Optional through the Family Mediation Program, but in some cases the judge may require you to meet with a mediator before the case moves on.

Do divorcing parents have to take a class in Vermont?

Required: both parents must take 'Helping Children Cope With Separation and Divorce' (COPE), offered online (Vermont Judiciary, Divorce Process).

How does alimony work in Vermont?

Called maintenance (rehabilitative or long-term). The court uses statutory guidelines based on length of marriage: under 5 years: 0-16% of the difference in gross incomes, none or up to 1 year; 5-10 years: 12-29%, for 20-50% of the marriage's length; 10-15 years: 16-33%, 40-60%; 15-20 years: 20-37%, 40-70%; 20+ years: 24-41%, 45% (9-20+ years). The judge can deviate based on statutory factors. 15 V.S.A. 752.

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