Vermont Marital Settlement (Divorce) Agreement Form [PDF]

A Vermont marital settlement agreement is a legal tool that can significantly simplify the divorce process. It's a comprehensive document where spouses can resolve all aspects of their marriage, from property division to child custody.

By opting for a divorce settlement agreement, the spouses can avoid the lengthy and exhausting divorce procedure that involves presenting claims, submitting evidence, extensive documentation, and court hearings.

Divorce Forms

In Vermont, the spouses initiate the divorce process in the family division of the Superior Court, paying the fee of $295 for a contested divorce (without stipulation) or $90 for an uncontested divorce (with stipulation).

The duration of the process depends on the circumstances of each case. However, the parties must be separated for at least six months before the court schedules the first hearing. Regardless, there is a mandatory waiting period of three months from the dissolution of the marriage until it becomes finalized with a final decree.

Divorce Laws and Legal Requirements in Vermont

Divorce laws and legal requirements in Vermont represent a formal framework of rules and procedures that spouses encounter in the divorce process. Understanding these laws and using available marital settlement agreement templates will help them navigate the process more efficiently and finalize the divorce quickly.

#1. Alimony

Section 752 of the Vermont Statutes states that the court, at the request of one spouse for maintenance, can order the other spouse to make payments, either temporarily or for a more extended period, depending on the following circumstances:

Marriage duration
Standard of living
Age and condition
Ability to pay
Inflation
Retirement

#2. Child support

Under Section 659, the court assumes the calculated child support amount is correct. However, the court can adjust the amount upon the request of a parent if it finds the guidelines unfair to either the child or the parents. The proper amount will be determined considering the following circumstances:

Child’s financial resources
Custodial parent’s financial resources
Physical and emotional condition of the child
Child’s education needs
Noncustodial parent`s financial resources and needs
Inflation
Extraordinary travel and related expenses for parent-child contact

#3. Division of property

According to Section 751, when distributing marital property, the court considers all property owned by the spouses, regardless of whose name it’s in, in a fair manner.

In making this decision, the court considers factors such as the length of the marriage, the health and income of the parties, and the value of assets and debts. The court also considers one spouse’s contribution to the education, training, or increased income of the other spouse and each party's opportunity for future acquisition of assets and income.

#4. Grounds for divorce

Section 551 of the Vermont Statutes outlines specific and general grounds for ending a marriage.

Specific reasons, including adultery, imprisonment for three years or more, cruelty, abandonment for seven years without contact, illness, or unjustified failure to provide spousal support, require proof of fault by one party against the other.

In contrast, the general reason—living apart for six months without the possibility of reconciliation—does not require proof of fault and applies to no-fault divorces.

#5. Interim support

Under Section 594a, either spouse in a divorce process can request the court to issue a temporary relief to regulate certain aspects of their relationship during the divorce proceedings. This temporary relief can include spousal and child support or child custody.

The court will make these temporary orders promptly, and a final decision must be made within 14 days of the hearing.

#6. Residency

According to Section 592(a), one of the parties must have resided in the state for at least six months to file a divorce complaint. However, for the divorce to be granted, one of the parties must be a state resident for one year before the date of the final hearing.

How to File for a Divorce in Vermont in 8 Steps

The steps to filing for divorce in Vermont outlined below will show you everything you need to know about the differences between uncontested and contested divorces, the types of forms spouses need to submit to the court, the fees they must pay, and other related matters.

#1. Download and Fill out the Divorce Forms

All forms that must be submitted to the court can be found on the official court website. Spouses can download them and fill them out according to the provided instructions or with the help of a lawyer.

The document that starts the divorce case is a complaint. The partner who files the complaint is the plaintiff, while the other partner is the defendant. In the complaint, the plaintiff includes personal information about themselves, their spouse, and their children, when the marriage began, and whether they want to keep their current name or revert to a previous one.

#2. Fill out Additional Court Forms

Besides the complaint, the plaintiff must submit other forms, which vary depending on whether they have minor children.

If the spouses have minor children, then the plaintiff needs to submit the following forms:

Additional Forms

Summons
Notice of Appearance—a statement that spouse will represent themselves before the court
Information Sheet with basic information about the plaintiff (Form 800)
Health Department Information
The first page of the Child Support Order form (Form 400-00802)
Financial Affidavit—Income and Expenses (Form 400-00813A)
Financial Affidavit—Property and Assets (Form 400-00813B)

When the spouses do not have minor children, the plaintiff does not need to submit the financial affidavits unless the other spouses request them and the court finds the request justified.

In uncontested divorces, spouses can submit a Final Stipulation when they agree on all important divorce-related matters. This is a mutual agreement between partners on financial, property, debts, and other financial issues, as well as a parenting plan if they have minor children. A parenting plan addresses child care, visitation, and child support.

#3. File the Forms With the Court

After completing the forms and ensuring that they are correctly filled out, the plaintiff submits them to the family division of the Superior Court in the county where the spouses live.

When submitting the documents, the plaintiff also pays a filing fee. If the plaintiff is unable to pay the fee due to financial hardship or another reason, they can submit an Application to Waive Filing Fees and Service Costs to request that the court waive the fee, which the court will do if there are valid reasons.

#4. Serve the Forms to the Spouse

The next step is to provide copies of all forms to the defendant, which is crucial to inform them about the document's content. There are several ways to deliver the documents, such as by the sheriff, a private server, publication, or by certificated mail.

In any case, proof of service must be submitted to the court to show that the defendant has been properly served, and that can be done through:

Acceptance of Service form
Waiver of Service form (Form 400-00820)—used if there are no minor children involved in the case
Certificate of Service form with a signed card from the post office

#5. Wait for the Defendant's Answer

When the defendant receives the complaint, summons, and other forms, they’ll have 21 days to provide an answer. The defendant can respond by agreeing with the complaint or by filing a counterclaim if they believe essential issues were not covered or if they disagree with the complaint.

If the defendant does not provide an answer within 21 days, the court may issue a default judgment, which usually favors the plaintiff.

#6. Request for Motion and Attend a Temporary Hearing

When spouses reach an impasse during the process and cannot agree on specific issues, they can ask the court for help. They do this by filing a motion—a written request asking the court to propose a solution to the problem.

The court may schedule a temporary hearing if it deems it necessary to question spouses and gather additional facts before deciding on their request.

#7. Final Uncontested and Contested Hearing

When spouses stipulate on every divorce-related matter (uncontested divorce), the judge will confirm at the final hearing that all procedural requirements have been met before spouses sign final documents.

The spouses will sign the Final Stipulation—Property, Debt, and Spousal Support and file it with the court, and if a spouse has minor children, they will sign child-related forms. The judge then signs the final order, while the spouses sign an Acceptance of Service to acknowledge receipt of the final order.

The decision becomes final after 90 days, which is called the nisi period, but this period can also be shorter if spouses agree to it in the final stipulation.

In a contested divorce, there are unresolved issues between the parties, so the judge aims to resolve these issues and make a final decision at the final hearing. Once the spouses make and sign the final decision, a 90-day period begins, after which the decision will take legal effect.

#8. Change Your Name

The judge will also decide on the request to restore a former name. The spouse who changes their name must update their personal documents and notify institutions such as banks, the post office, schools, and others about this change.