| GENERAL INFORMATION |
| How much is the filing fee in Vermont? |
The filing fee charged by the Court is NOT included in the DivorceWriter price.
When the parties file a Final Stipulation, they are eligible to pay a reduced filing fee of $90.00. Instructions on filing a Final Stipulation in order to be eligible for the reduce filing fee are provided in Step 1 of the filing procedures you will receive with your DivorceWriter package. Note: If the parties do not file a Final Stipulation, the filing fee is $295.00.
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| STATE PROCEDURES |
| What documents are included in the self-prepared Vermont DivorceWriter package? |
The following documents are included: - DivorceWriter Cover Letter
- DivorceWriter Filing Procedures
- Information Sheet (Form 800)
- Statement of Confidential Information Form 849
- Summons, Complaint for Divorce, and Notice of Appearance (Form 835)
- Notice and Acknowledgment of Receipt of Summons and Complaint
- Customers with minor children will receive Form 836 instead, which also includes an Affidavit of Child Custody
- Affidavit of Income and Assets (Form 813)
- Affidavit of Military Status Form
- Child Support Worksheet and Findings of Fact (if children)
- Child Support Order (Form 802) (if children)
- Final Divorce Stipulation and Order
- Health Department Vermont Record of Divorce or Annulment (Form 831)
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| How do I serve my spouse with the divorce papers in Vermont? |
- Acceptance of Service: This is the most widely used way to serve papers. The Divorce Packet, which will contain theSummons and Complaint, Notice of Appearance, can be hand-delivered by you to your spouse. If you serve your spouse in this way, you must get your spouse to sign and date a paper called an Acceptance of Service. By signing this Acceptance of Service, your spouse is not agreeing to any claims you have made in your Complaint, but is merely declaring that he or she has actually received a copy of the Summons, Complaint, and other paperwork. OR
- First Class Mail with Notice of Service and Request for Waiver of Service of Summons: The Summons and Complaint can be served by mailing them to your spouse along with a Notice of Action and Request for Waiver of Service of Summons (Form 820) for your spouse to sign and date and return to the court in a prepaid envelope. If the Notice and Request is not returned signed by the Defendant within 30 days from the date it is mailed by the Clerk, you must serve the Complaint and Summons in another way.
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| What is considered to be the date of separation in Vermont? |
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Commonly, the date of separation is the date when the parties began living at different residences. However, if the parties still reside together, the separation date is that date that they began sleeping in separate bedrooms and began living as though the marriage was over.
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| Do we have to be separated to get a divorce in Vermont? |
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Yes. The parties must be considered separated for at least six months in order to get a divorce on no fault grounds. Often, the separation begins when the couple stops living at the same residence. However, a couple that still resides at the same residence can be separated for purposes of meeting this requirement if they have been sleeping in separate beds and living as though the marriage is over for at least six months. The six-month separation requirement does not have to be met at the time the divorce is filed, but must be met before the divorce can be finalized.
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| Where do I file my divorce papers in Vermont? |
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In Vermont, divorces are filed at the Superior Court Clerk's office in the county where either spouse resides.
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| What are the Vermont residency requirements for filing for divorce? |
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A divorce may be filed in Vermont if either spouse has resided within the state for a period of six months or more, but a divorce cannot be finalized until at least one spouse has resided in the state one year immediately before the final hearing. Temporary absence from the state because of illness, employment, military service, or other legitimate and bona fide cause, does not affect the accrual of these time requirements.
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| What are the grounds for filing for divorce in Vermont? |
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A divorce can be obtained on no-fault grounds in Vermont when the spouses have lived apart from each other for six (6) consecutive months and the court finds that the resumption of marital relations is not reasonably probable.
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| CUSTODY, VISITATION, SUPPORT |
| What are the different types of custody in Vermont? |
- Physical custody means keeping the children overnight. The parent having physical custody for the greater period of time shall be considered the custodial parent.
- Split Custody means that each parent has physical custody of at least one of the children.
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| What are the types of custody in Vermont? |
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| PROPERTY AND DEBTS |
| Why do I have to complete financial disclosures in an uncontested divorce? |
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More than half of the states require one or both spouses to complete a document listing th... more
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