Uncontested Divorce in Vermont: Step-by-Step Guide

An uncontested divorce in Vermont — officially called a "stipulated" divorce — costs $90 for a resident stipulated filing ($180 for a nonresident stipulated filing) instead of $295 and typically takes 3–8 months when residency requirements are met. The catch: both spouses must agree on every single issue before filing.

Here's how the stipulated path works from start to finish.

What Makes a Vermont Divorce "Stipulated"

The court classifies your case as stipulated when you file a complete Final Stipulation (Form 400-00878) alongside your complaint. This document covers every issue the court needs resolved:

• Division of property and debts
• Spousal maintenance (alimony) — either an award or an explicit waiver
• If children are involved: parenting plan, child support calculations, and an Agreement on Parental Rights and Responsibilities (Form 400-00825)

If you agree on some issues but not all, the court treats your case as contested — and you pay the $295 filing fee.

Step 1: Reach Full Agreement

Before you touch any court forms, both spouses need to agree on the complete division of the marriage. This means working through:

• Property: Who keeps the house, vehicles, bank accounts, and retirement accounts
• Debts: Who takes responsibility for credit cards, loans, and mortgages
• Maintenance: Whether either spouse receives ongoing support, and for how long
• Children (if applicable): Physical and legal custody arrangements, a detailed parenting schedule, and child support calculated using Vermont's official guidelines

Vermont courts divide property under equitable distribution — meaning fair, not necessarily equal. The judge reviews your stipulation to confirm it's reasonable, so a lopsided agreement may get questioned.

Step 2: Prepare Your Filing Packet

For a stipulated divorce, your initial packet includes:

1. Form 800 — Family Court Information Sheet
2. Form 400-00836 — Complaint for Divorce (use the correct children/no-children version)
3. Form 400-00849 — Statement of Confidential Information
4. VDH-VR-DIV — Vital Records form
5. Form 400-00831 — Notice of Appearance (both parties)
6. Form 400-00878 — Final Stipulation (your complete agreement)
7. Form 400-00813A and 400-00813B — Financial Affidavits (both parties)

If children are involved, also include Form 400-00825 (Agreement on Parental Rights and Responsibilities) and your child support calculation worksheet.

Step 3: File and Pay the Entry Fee

Submit your complete packet to the Family Division clerk in the county where either spouse lives. The fee is $90 for residents ($180 for nonresidents). If you can't afford it, file Form 600-00228 for a fee waiver.

The clerk reviews your packet for completeness. If anything is missing or the wrong form version was used, the clerk may return the packet for correction, costing time.

Step 4: Complete Service

Even in a stipulated case, formal service is required. The simplest path: your spouse signs an Acceptance of Service form (Form 400-00844) acknowledging receipt of the filed complaint. This costs nothing and takes minutes.

Step 5: Attend or Waive the Final Hearing

Here's where stipulated cases get an advantage. If you have no minor children, you can file a Motion to Waive Final Hearing (Form 400-00841) and skip the courtroom entirely. The judge reviews your paperwork and signs the decree without requiring either party to appear.

If children are involved, a final hearing is mandatory — but it's typically brief. The judge confirms that both parties understand and voluntarily agreed to the terms, and that the parenting arrangement serves the children's best interests.

Step 6: Wait Through the Nisi Period

After the judge signs the decree, a mandatory 90-day nisi waiting period begins. You remain legally married during this time. Both parties can agree to request a shorter period or waiver, subject to the judge's approval, but consider the implications: waiving it may terminate your eligibility for your spouse's employer health insurance immediately, and it can affect your federal tax filing status for the year.

Total Timeline

A clean stipulated divorce in Vermont typically takes 3–8 months, depending on residency, service, the hearing or waiver, and the 90-day nisi period. Compare that to a contested case, which can stretch to 12–18 months.

The Vermont Divorce Filing Process Guide walks through every form in this sequence with preparation worksheets — so you can organize property, debts, and support calculations before you start filling in the court forms.

See more Vermont guides →