Reviewed July 2026
Filing for Divorce in Vermont
A plain-language look at how divorce works under Vermont law: who can file, how long it takes, what it costs, and where Vermont's own court forms and self-help resources are.
Virdix's document-preparation product currently prepares divorce paperwork for California cases only. This page explains how the process works under Vermont law, using Vermont's own court forms and self-help resources, for people researching before they file. It is not legal advice, and Virdix does not prepare or file Vermont divorce paperwork. See how Virdix works for California divorces.
Vermont is one of the only states in this batch with two separate, non-overlapping residency clocks: six months of residence to file, but a full year of residence ending on the date of the final hearing before a decree can actually issue, a filer who moves to Vermont, waits six months, and files can still be blocked from a decree until their one-year mark. Vermont also runs its finality backwards compared to most states: rather than a waiting period before the judge grants the divorce, Vermont enters a 'decree nisi' first and then holds it for a mandatory 90-day nisi period before it automatically becomes absolute, during which the court can still hear post-trial motions. Vermont's no-fault ground is not a bare 'irreconcilable differences' declaration; it specifically requires six consecutive months of living separate and apart with no reasonable probability of reconciliation, folding a separation requirement directly into the no-fault ground itself. Finally, Vermont carries a residency exception, tied to its early adoption of marriage equality, for non-resident couples married in Vermont whose home state does not recognize that marriage for divorce purposes.
Grounds for divorce in Vermont
No-fault grounds
- Living separate and apart for six consecutive months where the court finds resumption of the marital relationship is not reasonably probable, Vermont's practical no-fault path, with its own built-in separation-period requirement
Fault-based grounds
- Adultery
- Sentence of three years or more (or life) at hard labor/imprisonment, with actual confinement at time of filing
- Intolerable severity
- Willful desertion, or absence of seven years unheard-from
- Persistent refusal or neglect to provide suitable maintenance despite sufficient ability
- Permanent incapacity due to a mental condition or psychiatric disability (special procedures in 15 V.S.A. §§ 631-637)
Source: legislature.vermont.gov
Who can file: residency rules
Two different residency clocks apply, and they are commonly conflated: (1) to FILE a complaint for divorce, either party must have resided in Vermont for six months or more; but (2) the court may not DECREE a divorce for any cause unless the plaintiff or the defendant has resided in Vermont for one full year immediately preceding the date of the final hearing. Temporary absence for illness, out-of-state employment, U.S. Armed Forces service, or other legitimate bona fide cause does not break either period, as long as Vermont residence is otherwise maintained. A separate provision allows non-resident couples who married in Vermont to file for divorce there if their home state does not recognize the marriage for divorce purposes, there are no minor children born or adopted during the marriage, and both parties file a full agreed stipulation.
15 V.S.A. § 592
Source: legislature.vermont.gov
How long it takes
A Vermont divorce decree is first entered as a 'decree nisi' and becomes absolute (final) 90 days after entry, unless the court in its discretion sets an earlier date. If a party dies during the 90-day nisi period, the decree is deemed absolute immediately before the death. This 90-day nisi period runs AFTER the judge has already granted the divorce, and is distinct from any pre-decree waiting period.
15 V.S.A. § 554 (decree nisi / 90-day period)
Source: legislature.vermont.gov
That figure is the statutory floor, not a promise. Service, exchanging financial disclosures, and the court's own hearing calendar routinely add time on top of it, and a contested case takes longer than an uncontested one regardless of the minimum. California, by comparison, requires a mandatory six month waiting period from the date of service.
Cost and filing fees
$295
Source: vtcourts.gov
California's own statewide filing fee is generally $435 to $450 statewide, with a fee waiver available for those who qualify.
Divorce forms and papers
The petition
Form 400-00836NoChildren, Complaint for Divorce/Legal Separation/Dissolution without Children (for couples with no minor children together), and Form 400-00836Children, Complaint for Divorce/Legal Separation/Dissolution with Children (for couples with minor children together). Both are official numbered forms published by the Vermont Judiciary.
Source: vtcourts.gov
Fee waiver
Form 600-00228, Application to Waive Filing Fees and Service Costs (also referred to as an Application to Proceed In Forma Pauperis / IFP). Eligibility includes receiving public assistance, gross income at or below 150% of the federal poverty guidelines, or an inability to pay without compromising funds needed for self-support or dependents. A guided digital version is available through the VTCourtForms interview tool.
Source: vtcourts.gov
Vermont publishes fillable forms for this process. https://www.vtcourts.gov/family/divorce and the guided-interview version at https://vtlawhelp.org/vtcourtforms/divorce
California uses standardized Judicial Council forms, starting with the Petition (Form FL-100), across every county. See California's own divorce forms.
Filing online
Mandatory for attorneys statewide: attorneys must use Vermont's Odyssey File & Serve (OFS) electronic filing system for all filings, in all divisions including Family Division, for both new and existing cases. Optional for self-represented litigants, but once a self-represented party begins e-filing in a case, they must continue e-filing for the rest of that case unless the court grants permission to stop. A $14 per-case e-filing fee applies on first filing, with exemptions available where a fee waiver has been granted.
Source: vtcourts.gov
Uncontested and simplified divorce
Vermont offers a distinct simplified or summary track.
Vermont's 'stipulated divorce' track functions as its simplified/uncontested path: when both parties agree about everything at the outset and file a full stipulation with the complaint, they pay the reduced $90 filing fee (versus $295 contested) and may file a Stipulation and Motion to Waive Final Hearing to skip an in-person final hearing if the case qualifies. There is no separate marriage-length or asset-value eligibility cap beyond reaching full agreement; it is an agreement-based track, not a size-based one.
Source: vtcourts.gov
California's equivalent is uncontested divorce in California, which uses the same statewide forms as any other case but moves faster once both spouses agree on every term.
Filing without a lawyer
Vermont allows self-represented filers, and most divorces filed in the state proceed this way. Because Virdix prepares paperwork for California cases only, a Vermont filer handling their own case works directly from Vermont's own forms and self-help materials rather than a Virdix-prepared packet. Vermont's official self-help resources are the direct source for the current forms and instructions.
For how self-representation works in the state Virdix does serve, see divorce without a lawyer in California and DIY divorce vs. hiring a lawyer.
More about divorce in Vermont
How property is divided
Equitable distribution (Vermont is not a community property state). 15 V.S.A. § 751 directs the court to equitably divide and assign all property owned by either or both parties, however and whenever acquired, considering factors including length of the marriage, age and health of the parties, occupation/income, vocational skills and employability, contributions to the other spouse's education or earning power, value of property/liabilities/needs, whether the settlement is in lieu of or in addition to maintenance, and future opportunity to acquire capital assets and income.
Source: legislature.vermont.gov
Spousal support
No formula/guideline; judicial discretion under 15 V.S.A. § 752. The court may order rehabilitative or long-term maintenance if the requesting spouse lacks sufficient income/property to meet reasonable needs and either cannot support themselves at the marital standard of living through appropriate employment, or is the custodian of the parties' child. The court then weighs factors including the requesting spouse's resources and property, time/expense to gain education or training for appropriate employment, the marital standard of living, and the marriage's duration.
Source: legislature.vermont.gov
Child support guideline
Not independently confirmedVermont's guideline (15 V.S.A. § 654) is set by rule from the Secretary of Human Services and is built on the principle that children should receive the same proportion of parental income after a separation or divorce as they would have received had the parents remained in one household, a structure consistent with an Income Shares-style approach, though the statute itself does not use the label 'Income Shares.' The Secretary must revisit the guideline at least once every four years.
Source: legislature.vermont.gov
Parenting class requirement
Required.
Yes, for divorcing parents with minor children: both parents must attend a parenting course called Helping Children Cope With Separation and Divorce (COPE). There is a fee for the course, per the Vermont Judiciary's own divorce-process guidance.
Source: vtcourts.gov
Residency exceptions
A non-resident couple who married in Vermont may file for divorce there without meeting the standard residency requirement, if: the marriage was performed/established in Vermont, neither party's actual state of legal residence recognizes the Vermont marriage for purposes of divorce, there are no minor children born or adopted during the marriage, and the parties file a complete, signed stipulation resolving every issue along with the complaint. This provision is historically significant for same-sex couples who married in Vermont (an early marriage-equality state) but later lived in a state that did not recognize their marriage for divorce jurisdiction purposes.
Source: legislature.vermont.gov
California is the only state on this site with a full county-by-county breakdown. See how California's divorce process compares across its 58 counties.
This page is general information about Vermont divorce procedure, not legal advice for your situation. Laws, fees, and forms change over time; confirm current details with Vermont's own courts before relying on anything here. Virdix is not a law firm, is not licensed to practice law in Vermont, and does not prepare or file Vermont divorce paperwork. It is not a substitute for an attorney licensed in Vermont.