Start your divorce online in Vermont

Spouses can file their divorce complaint if one has lived in Vermont for six months immediately before filing. It’s a mandatory condition that helps courts gain jurisdiction over spouses and their cases.

Additionally, the spouses will need to continue living in the state for one year before getting a divorce decree.

If a bona fide resident was absent in Vermont because of illness, work in other states, or other legitimate reasons, it won’t affect the residence for getting a divorce.

Vermont state laws allow spouses to get divorced if they provide valid reasons, also called grounds. There is one no-fault cause and several fault-based ones:

• separation for six months with no chance for reconciliation;
• adultery (if one spouse has sexual intercourse with a third person);
• confinement to a prison for three or more years, which continues at the time of divorce;
• cruel and intolerable treatment;
• willful desertion for seven years;
• neglection and refusal to support a family financially;
• permanent mental incapacity.

A plaintiff (a person starting a divorce) must collect the required initial papers and file them with the family court in the county where they live. If they don’t live in Vermont, they must file their lawsuit in the county where the other spouse lives.

The initial papers include a Complaint for Divorce with or without children, Information Sheet, and other forms. The plaintiff should also make copies of the original documents for their records and give them to the other spouse.

When a plaintiff comes to court to file a divorce case, they must pay a filing fee. It is $90 for uncontested cases with a stipulation (agreement) and $295 for contested divorces. There can also be other court fees.

These payments can be waived if spouses have a low income (below 150% of the federal poverty level) or receive public assistance. In this case, they can file an Application to Waive Filing Fees (Form 600-00228).

The plaintiff must notify the other party about the divorce by sending them copies of a Complaint and Summons. In addition, they will need to pay service fees if they use certified mail or sheriff’s services.

If your divorce is amicable, you can hand the paperwork to your spouse on condition that they sign an Acceptance of Service form. They may also file response papers in contentious cases. Delivering copies of court forms requires filing a Proof of Service with the court.

There are several waiting periods in a typical Vermont divorce case. First, family law requires that at least one spouse has lived in Vermont for one year before getting a final judgment.

And second, Vermont has a waiting period of 90 days from the final hearing date until a divorce decree becomes effective. It is also called the nisi period. However, the judge may waive or shorten the waiting time if both spouses agree.

If both spouses resolve all issues, they must attend a final uncontested hearing. A judge might ask questions about residency, grounds, and divorce terms. The judge will sign a divorce order on the same day.

After that, both spouses must sign an Acceptance of Service Form (400-00844) and give it to the clerk without delay. If one spouse was absent during the hearing, the other spouse must serve them with the final order.