Vermont Divorce Checklist: Every Step from Filing to Final Decree

Vermont's divorce process has strict deadlines, specific forms for each stage, and a unique 90-day waiting period at the end that catches many people off guard. Missing any step creates delays — sometimes months of them. This checklist covers every stage from pre-filing preparation through the decree becoming absolute.

Pre-Filing Preparation

• [ ] Confirm you meet the residency requirement: either you or your spouse has lived in Vermont continuously for at least 6 months (to file) and 1 year (before the final hearing can be held)
• [ ] Confirm the 6-month separation requirement: you've lived separate and apart for at least 6 consecutive months with no reasonable probability of reconciliation (same-roof separation counts if you maintain separate households)
• [ ] Gather financial documents: 2 years of tax returns, 3 months of pay stubs, 12 months of bank statements, mortgage statements, vehicle titles and loan balances, retirement account statements, credit card balances
• [ ] Determine your filing path: stipulated ($90 resident fee) or contested ($295 fee)
• [ ] If filing as stipulated: negotiate and draft the complete agreement with your spouse covering property, debts, spousal support, and (if applicable) custody and child support

Filing Your Case

• [ ] Complete the initial forms — use the free VTCourtForms guided interview tool to generate: Family Court Information Sheet (Form 800), Summons and Complaint (Form 400-00836), Statement of Confidential Information (Form 400-00849), Health Department Divorce Record (Form VDH-VR-DIV), Notice of Appearance (Form 400-00831)
• [ ] Pay the filing fee ($90 stipulated resident / $295 contested) or file a Fee Waiver Application (Form 600-00228) if your income is at or below 125% of the Federal Poverty Guidelines
• [ ] File at the Family Division of the Superior Court in the county where you or your spouse resides

Service of Process (within 30 days of filing)

• [ ] Serve your spouse using one of these methods: Acceptance of Service (Form 400-00844, free), First-Class Mail with Waiver (Form 400-00820, $3, no-children cases only), Certified Mail ($13–$18.50), Sheriff service ($75+), or Service by Publication (if spouse is missing)
• [ ] File proof of service with the court clerk (Certificate of Service, Form 600-00264, or the signed Acceptance/Waiver form)

Response Period

• [ ] Defendant files Notice of Appearance and Answer within 21 days of service
• [ ] If defendant files a Counterclaim (Form 400-00837): additional $90 fee applies
• [ ] If defendant does not respond within 21 days: plaintiff moves for default judgment

Financial Disclosure (within 30 days of service)

• [ ] Both parties complete and exchange Financial Affidavit — Income/Expenses (Form 400-00813A)
• [ ] Both parties complete and exchange Financial Affidavit — Assets (Form 400-00813B)
• [ ] All figures are exact (from statements, not estimates) and signed under oath

If Children Are Involved

• [ ] Both parents enroll in and complete the COPE class ($79)
• [ ] Complete the Agreement on Parental Rights and Responsibilities (Form 400-00825)
• [ ] Run the child support calculation using the official Vermont Child Support Calculator
• [ ] Complete the Child Support Order form (Form 400-00802) with the calculator's output

Case Management Conference (42–60 days after filing)

• [ ] Attend the conference with completed financial affidavits
• [ ] Discuss and resolve temporary orders if needed (custody, support, exclusive home use)
• [ ] Identify any remaining contested issues for mediation or trial

Final Stipulation (stipulated cases)

• [ ] Complete the Final Stipulation — Property, Debts and Spousal Support (Form 400-00878)
• [ ] Both parties sign the stipulation
• [ ] Decide whether to waive the 90-day nisi period (consider health insurance and tax implications before waiving)
• [ ] For cases without children: file a joint motion to waive the final hearing (Form 400-00841) if desired

Final Hearing

• [ ] Bring photo ID, all filed documents, updated financial affidavits, and the signed stipulation
• [ ] If children: bring COPE completion certificates and the parenting/support forms
• [ ] Be prepared to testify under oath about residency, separation, and the voluntariness of your agreement

After the Hearing: Decree Nisi Period

• [ ] The judge signs the decree nisi — you remain legally married for 90 more days
• [ ] If you kept the nisi period: the decree becomes absolute automatically after 90 days with no further court action
• [ ] If the nisi period was waived: the divorce is final immediately
• [ ] Obtain certified copies of the final decree from the court clerk for name changes, insurance, and financial institutions

The Vermont Divorce Filing Process Guide includes printable versions of this checklist with specific deadline dates, plus preparation worksheets that organize your financial information before you open a single court form.

See more Vermont guides →