Uncontested Divorce in Vermont: Step-by-Step Guide

An uncontested divorce in Vermont — officially called a "stipulated" divorce — costs $90 instead of $295 and can be finalized in as few as three to four months. 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 your child support calculation worksheet.

Step 3: File and Pay the $90 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 packet comes back unfiled — you don't lose the fee, but you lose 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 shorten or waive the nisi period, 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 3–6 months: filing and service in the first month, hearing or waiver at the 2–3 month mark, then 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 →