Getting Divorced in Vermont: A Guide for Non-Lawyers

Before filing for divorce in Vermont, ensure you meet the residency requirements. Either you or your spouse must have lived in Vermont for at least 6 months before filing, and one of you must have lived there for at least a year before the final divorce can be granted. Also understand that Vermont is a 'no-fault' divorce state, meaning you can file based on 'irretrievable breakdown' of the marriage without proving fault.

Collect all relevant financial and personal documents including: marriage certificate, tax returns (last 3 years), pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, mortgage documents, loan statements, credit card statements, insurance policies, and lists of assets and debts. These will be needed for financial disclosures and property division.

This is the formal document that initiates the divorce process in Vermont. It includes basic information about your marriage, the grounds for divorce (typically 'irretrievable breakdown'), and your requests regarding property division, spousal support, child custody, and child support. You can file this at the Family Division of the Superior Court in the county where either you or your spouse lives.

The summons is a legal document that notifies your spouse that you have filed for divorce and that they need to respond. It provides information about the timeframe for responding and the consequences of not responding. The court clerk will issue this document when you file your petition.

File your Petition for Dissolution and Summons with the Family Division of the Vermont Superior Court in the appropriate county. The filing fee is approximately $295 (as of 2023, but check for current fees). If you cannot afford the fee, you can request a fee waiver by filing an Application to Waive Filing Fees and Service Costs (Form 228).

Your spouse must be officially notified of the divorce filing. In Vermont, this can be done by sheriff's service, certified mail with return receipt, or by having your spouse sign an Acceptance of Service form. If your spouse cannot be located, you may need to request permission from the court for alternative service methods such as publication in a newspaper.

If you were served with divorce papers, you have 21 days to file a Response to the Petition. If you filed the petition, review your spouse's Response when received. The Response indicates whether your spouse agrees or disagrees with the requests in your petition and may include counterclaims.

Both spouses must complete and exchange detailed financial disclosures. This document requires you to list all assets, debts, income, and expenses. Be thorough and honest—hiding assets can result in penalties. In Vermont, this is typically done using the Financial Affidavit form. This disclosure is crucial for fair property division and support determinations.

In Vermont, after filing, you'll typically be scheduled for a case manager conference. This is an informal meeting where procedural issues are discussed, temporary arrangements may be made, and next steps are outlined. Both parties and their attorneys (if any) should attend.

If you have minor children, create a detailed parenting plan addressing legal and physical custody, visitation schedules, holiday arrangements, decision-making authority, and communication methods. Vermont courts prioritize the best interests of the child when reviewing these plans. Consider working with a mediator to develop a plan that works for both parents and children.

Vermont uses specific guidelines to calculate child support based on both parents' incomes and the children's needs. Complete the Vermont Child Support Worksheet to determine the appropriate amount. This calculation considers factors such as income, health insurance costs, childcare expenses, and parenting time allocation.

Work with your spouse (and attorneys if applicable) to create a comprehensive settlement agreement covering property division, debt allocation, spousal support, child custody, and child support. Vermont is an equitable distribution state, meaning property is divided fairly but not necessarily equally. Consider factors like length of marriage, contributions of each spouse, and future financial prospects.

If you and your spouse cannot agree on all issues, consider mediation or collaborative divorce before proceeding to litigation. Vermont courts often encourage alternative dispute resolution. Mediation involves working with a neutral third party to reach agreements, while collaborative divorce involves specially trained attorneys committed to resolving issues without court intervention.

If retirement accounts will be divided, you'll need a QDRO. This special court order directs the administrator of a retirement plan to divide the assets according to your divorce agreement. Each retirement plan may have specific requirements for QDROs, so consider consulting with a specialist who drafts these documents. The QDRO must be approved by both the court and the plan administrator.

If all issues are resolved, attend the final hearing where a judge will review your agreements and, if appropriate, grant the divorce. If issues remain unresolved, you may need a contested hearing where evidence is presented and the judge makes decisions on disputed matters. Be prepared to testify about the irretrievable breakdown of your marriage and the fairness of your agreements.

After the hearing, the court will issue a Final Decree of Divorce. Review this document carefully to ensure it accurately reflects all agreements and court decisions. This document officially ends your marriage and contains all court orders regarding property, support, and custody. Keep this document in a safe place as you may need it for future legal or financial matters.

If child support or spousal support is ordered, Vermont typically requires a wage withholding order. This document directs an employer to withhold support payments from the paying spouse's wages and send them directly to the receiving spouse or the Office of Child Support. This ensures consistent payment and creates an official record of payments made.

After divorce, update your will, power of attorney, healthcare directives, and beneficiary designations on life insurance policies and retirement accounts. In Vermont, divorce automatically revokes provisions in your will that benefit your ex-spouse, but it's best to create new documents that reflect your current wishes.

If you want to resume using your maiden name or previous name, you can request this in your divorce petition or at the final hearing. After the divorce is final, update your name on your Social Security card, driver's license, passport, and other important documents.

Ensure you're meeting all obligations outlined in your divorce decree, including property transfers, support payments, and following the parenting plan. Failure to comply can result in contempt of court charges. If circumstances change significantly, you may need to file for modification of support or custody orders rather than simply stopping compliance.