Default Divorce in Vermont: When Your Spouse Doesn't Respond

After your spouse is served with divorce papers in Vermont, they have exactly 21 days to file a written answer with the court. If they don't, you can move for a default judgment — but the process isn't as simple as "they didn't respond, so I win everything."

The 21-Day Window

Once service of process is complete (and you've filed proof with the court), your spouse has 21 days to file:

• A Notice of Appearance (Form 400-00831) — telling the court they intend to participate
• An Answer — responding to the claims in your complaint
• Optionally, a Counterclaim (Form 400-00837) — filing their own claims

The 21 days is a hard deadline. If nothing is filed, the defendant is considered in default — meaning they've given up their right to contest the proceedings.

Why Spouses Don't Respond

Default situations usually fall into one of three categories:

Strategic avoidance. The spouse received the papers and is deliberately ignoring them — sometimes hoping the case will stall, sometimes out of emotional shutdown.

Genuine inability. The spouse may be incarcerated, deployed, hospitalized, or otherwise unable to respond. If you know your spouse has a legitimate reason for not responding, the court may be less inclined to enter a swift default.

Never actually received service. If service was completed by mail and the spouse didn't actually get the documents, a default judgment could be challenged later. This is why proof of service matters — especially the method used.

How to File for Default Judgment

After the 21 days have passed with no response:

1. Verify no answer was filed. Check with the clerk's office to confirm nothing arrived at the deadline. Occasionally an answer is filed on day 21 and cross-mails with your default motion.

2. File a motion for default. Request that the court enter a default against the non-responding party. This isn't the final judgment — it's a procedural step that establishes the defendant has forfeited their right to be heard.

3. Attend a default hearing. Even in a default case, the judge holds a hearing. You must appear and present your proposed terms — property division, support, custody (if applicable). The judge doesn't automatically rubber-stamp whatever you ask for.

What the Judge Can and Can't Do in a Default

A default judgment doesn't mean you get everything you want. The court still applies Vermont law:

Property division. The judge must divide marital property equitably under 15 V.S.A. § 751. Even without the other spouse present, the judge reviews your financial affidavits and proposed division for fairness. An unreasonable proposal — like keeping 100% of assets while assigning 100% of debts to the absent spouse — will be rejected.

Spousal maintenance. The court applies the same statutory factors regardless of whether the defendant appears. You must still demonstrate need and the paying spouse's ability to pay.

Child custody and support. If children are involved, the court's primary obligation is the best interests of the children. A default doesn't eliminate this standard. The judge may appoint a guardian ad litem, require a home study, or make their own custody determination even without the defendant's input.

Can a Default Be Undone?

Yes. A defendant can file a motion to set aside a default judgment, typically within a reasonable time and for "good cause." Good cause includes:

• Never actually receiving the divorce papers
• Being physically unable to respond (hospitalization, incarceration without legal access)
• Fraud or misrepresentation by the plaintiff
• An outcome that is grossly unfair

The longer the defendant waits and the more the plaintiff relies on the default judgment (remarrying, selling property), the harder it becomes to set aside.

The Default Timeline

Even with a default, you still need to complete the standard process:

A default case doesn't skip Vermont's 90-day nisi period or the residency requirements. It eliminates the negotiation and discovery phases — but the structural waiting periods remain.

For a complete walkthrough of the default process — including what to prepare for the default hearing — see the Vermont Divorce Filing Process Guide.

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