Uncontested Divorce Petition Packet - Vermont

VERMONT UNCONTESTED (NO-FAULT) DIVORCE — FILING PACKET

PART 1 — PRE-FILING RESIDENCY, GROUNDS & NISI-PERIOD CHECKLIST

☐ Under the ordinary § 592(a) route, at least one spouse has resided in Vermont for six (6) months or more before the complaint is filed.
☐ Under that route, at least one spouse will have resided in Vermont for one (1) year before the final hearing.
☐ If neither spouse resides in Vermont, confirm every condition of the narrow stipulated-divorce route in § 592(b), including a Vermont-established marriage that neither party's state of legal residence recognizes for divorce, no minor children born or adopted during the marriage, and the required joint stipulation; § 593(b) sets the filing county.
☐ Before the final hearing, the parties will have lived apart for six consecutive months and the court must find that resumption of marital relations is not reasonably probable. Filing may occur before the separation period is complete. (15 V.S.A. § 551(7); Vermont Judiciary, Divorce Process)
☐ The parties agree on all issues (property/equitable distribution, debts, maintenance, and — if minor children — parental rights and responsibilities, parent-child contact, and child support); otherwise the case is contested.
☐ Plaintiff understands that under § 554(a) the divorce decree ordinarily becomes absolute 90 days after entry, unless the court fixes an earlier date.
☐ If there are minor children, the parties have completed any required parent-education program (Coping With Separation and Divorce / "COPE" or equivalent).
☐ The case will be filed in the Superior Court, Family Division, in the county/unit specified by § 593(a) for resident parties or § 593(b) for qualifying nonresidents.

Filing fee: Check the Judiciary's current fee schedule. A complete stipulation filed at the outset qualifies for the reduced filing fee; a fee waiver may be requested using the Judiciary's current Application to Waive Filing Fees and Service Costs.

PART 2 — COURT CAPTION (used on all pleadings)

STATE OF VERMONT — SUPERIOR COURT, FAMILY DIVISION
[____________________] UNIT / COUNTY

Docket No.: [________________]

PART 3 — COMPLAINT FOR DIVORCE (Living Apart — No-Fault)

Plaintiff states:

1. Residence and Jurisdiction (15 V.S.A. §§ 592, 593)

☐ Ordinary residence route: ☐ Plaintiff ☐ Defendant has resided in Vermont for at least six months before filing, and at least one party will have resided in Vermont for one year before the final hearing. Resident party's address: [________________________________] in [____________________] County/Unit, Vermont.
☐ Nonresident stipulated route under § 592(b): attach facts establishing every statutory condition and the required signed joint stipulation; marriage certificate filing county: [____________________].

2. Marriage / Civil Union

The parties were ☐ married ☐ joined in civil union on [__/__/____] at [____________________], [State]. The parties have lived apart since [__/__/____].

3. Children

☐ There are no minor children of the parties, and neither party is now pregnant.
☐ The following minor child(ren) are of the parties:

4. Grounds (15 V.S.A. § 551(7))

The parties separated on [__/__/____]. By the final hearing they ☐ have ☐ will have lived apart for six consecutive months, and resumption of marital relations is not reasonably probable.

5. Property and Debts (15 V.S.A. § 751)

☐ The parties have no real or personal property or debts subject to division.
☐ The parties have agreed in writing to divide all property and debts as set forth in the attached Stipulation / Final Stipulation.
☐ The court is requested to make an equitable distribution of the property and debts described in the attached schedule.

6. Maintenance (15 V.S.A. § 752)

☐ Neither party requests maintenance.
☐ Maintenance is requested as set forth in the attached Stipulation.
☐ Maintenance is reserved.

7. Children — Parental Rights and Responsibilities (if minor children — 15 V.S.A. §§ 665, 666)

• Legal parental rights and responsibilities: ☐ Plaintiff ☐ Defendant ☐ Shared
• Physical parental rights and responsibilities: ☐ Plaintiff ☐ Defendant ☐ Shared
• Parent-child contact: as set forth in the attached Parenting Plan
• Child support: per the Vermont Child Support Guideline (§ 654), with parental obligation computed under § 656 and other applicable provisions.

8. Relief Requested

WHEREFORE, Plaintiff requests that the Court:
a. Grant a divorce from the bond of matrimony / dissolution of the civil union;
b. Make an equitable distribution of the marital property and debts (or approve the parties' Stipulation);
c. Allocate parental rights and responsibilities and set parent-child contact and child support if there are minor children;
d. Address maintenance as set forth above;
e. Restore Plaintiff's former name: [________________________________];
f. Grant such other relief as the Court deems just and equitable.

Dated: [__/__/____]

Plaintiff's Signature: [________________________________]

PART 4 — SUMMONS, SERVICE & ACCEPTANCE

The Defendant must receive the Summons and Complaint through the applicable service method. For a stipulated filing, use the Judiciary's Acceptance of Service — Family Division (form 400-00844), signed by the Defendant, and the applicable Answer (form 400-00837). The drafting fields below help complete those official forms.

ACCEPTANCE OF SERVICE PREPARATION FIELDS

Defendant's full name: [________________________________]
Date the Summons and Complaint were received: [__/__/____]
Method of delivery: [________________________________]

☐ Official form 400-00844 signed and filed.
☐ Official form 400-00837 completed and filed.

PART 5 — FINANCIAL DISCLOSURE

For a stipulated filing with minor children together, each party must file both Financial Affidavit (form 400-00813A) and Financial Affidavit — Property and Assets (form 400-00813B). Without minor children together, the Judiciary says financial information need not be filed, but each party must certify that they exchanged income, asset, and liability information.

☐ Plaintiff's forms 400-00813A and 400-00813B filed. ☐ Defendant's forms 400-00813A and 400-00813B filed. ☐ No children together; disclosure exchange certified.

PART 6 — FINAL STIPULATION / SETTLEMENT AGREEMENT

FINAL STIPULATION AND AGREEMENT

This Stipulation is made on [__/__/____] between [PLAINTIFF NAME] ("Plaintiff") and [DEFENDANT NAME] ("Defendant").

Recitals

1. The parties were married/joined in civil union on [__/__/____] and have lived apart since [__/__/____].
2. There ☐ are ☐ are no minor children.
3. The parties desire to settle all issues of property, debts, maintenance, and (if applicable) parental rights and responsibilities.
4. Each party has disclosed income, assets, and liabilities to the other and has had the opportunity to consult independent counsel.

Article 1 — Division of Property (15 V.S.A. § 751)

To Plaintiff: [____________________________________________________________]
To Defendant: [____________________________________________________________]

Article 2 — Debts

Plaintiff shall assume and hold Defendant harmless from: [________________________________]
Defendant shall assume and hold Plaintiff harmless from: [________________________________]

Article 3 — Real Property

☐ The parties own no real property.
☐ The real property at [________________________________] shall be: ☐ awarded to Plaintiff ☐ awarded to Defendant ☐ sold and net proceeds divided [____]% / [____]%.

Article 4 — Retirement Accounts

☐ Each party retains his/her own retirement accounts.
☐ The [________________] account shall be divided [____]% / [____]%; obtain the plan-specific transfer or division order, if required by that plan.

Article 5 — Maintenance (15 V.S.A. § 752)

☐ Both parties waive maintenance.
☐ [Plaintiff/Defendant] shall pay $[__________]/month for [____] months, terminating [__/__/____].
☐ Maintenance is reserved.

Article 6 — Name Restoration

☐ Plaintiff's former name [________________________________] is restored.

Article 7 — Incorporation

The parties request court approval and incorporation of this Stipulation into the Final Divorce Order, subject to the court's review.

Plaintiff: [________________________________] Date: [__/__/____]
Defendant: [________________________________] Date: [__/__/____]

PART 7 — PARENTAL RIGHTS & RESPONSIBILITIES AND CHILD SUPPORT (if minor children)

A. Parental Rights and Responsibilities / Parent-Child Contact (15 V.S.A. §§ 665, 666)

• Legal PR&R (major decisions — education, health, religion): ☐ Shared ☐ Plaintiff ☐ Defendant
• Physical PR&R (where the child lives): ☐ Shared ☐ Plaintiff ☐ Defendant
• Parent-child contact schedule: [____________________________________________________________]
• Holidays, school vacations, summer: [____________________________________________________________]
• Education decisions and arrangements: [____________________________________________________________]
• Medical, dental, and health care decisions and arrangements: [____________________________________________________________]
• Travel arrangements: [____________________________________________________________]
• How the parents will communicate about the child's welfare: [____________________________________________________________]
• If rights are shared or divided, how disputes will be resolved: [____________________________________________________________]
• ☐ Parents have completed the required parent-education program.

B. Child Support (15 V.S.A. §§ 654–657 — guideline and computation)

• Combined available monthly income: $[__________]
• Obligor: ☐ Plaintiff ☐ Defendant
• Guideline amount: $[__________] per month
• ☐ Conforms to the Vermont Child Support Guideline ☐ Deviation requested; reason: [________________________________]
• Health insurance for child(ren) provided by: ☐ Plaintiff ☐ Defendant
• Unreimbursed medical and child-care shared: [____]% Plaintiff / [____]% Defendant

☐ The completed child support guideline worksheet is attached. Form 400-00813A is the divorce financial affidavit, not the guideline worksheet; file that affidavit separately if required.

PART 8 — FINAL DIVORCE ORDER (Proposed) AND NISI PERIOD

[Caption as in Part 2]

This matter came before the Court for a final hearing on [__/__/____]. The Court FINDS:

1. The Court has jurisdiction; the applicable residence or stipulated nonresident route under 15 V.S.A. § 592 is satisfied.
2. The parties have lived apart for six consecutive months and resumption of marital relations is not reasonably probable (15 V.S.A. § 551(7)).
3. The parties' Final Stipulation is fair and reasonable and is approved.

IT IS ORDERED:

1. Divorce. A divorce from the bond of matrimony (or dissolution of civil union) is granted. Under 15 V.S.A. § 554(a), the divorce decree ordinarily becomes absolute 90 days after entry, unless the court fixes an earlier date. The applicable date is [__/__/____].
2. Property and Debts. Divided per the Final Stipulation, incorporated by reference.
3. Maintenance. ☐ Waived ☐ As set forth in the Stipulation ☐ Reserved.
4. Parental Rights and Responsibilities / Parent-Child Contact. As set forth in the Parenting Plan.
5. Child Support. $[__________] per month, calculated under the applicable guideline and subject to court approval; payment arrangements: [________________________________].
6. Name Restoration. ☐ Plaintiff's former name [________________________________] is restored.
7. Other: [________________________________]

Dated: [__/__/____] Superior Court Judge (Family Division): [________________________________]

PART 9 — FILING CHECKLIST & PROCEDURE

1. Confirm residence and route — ordinarily six months before filing and one year before the final hearing under § 592(a); check the narrow nonresident stipulation route under § 592(b) if applicable.
2. Prepare the initial official forms: Information Sheet (form 800), Summons and Complaint (form 400-00836, with or without children), Statement of Confidential Information (form 400-00849), Department of Health divorce record form, and Notice of Appearance (form 400-00831) if self-represented.
3. For an initially stipulated filing, add: Defendant's signed Acceptance of Service (form 400-00844), Notice of Appearance/Answer (form 400-00837, with or without children), and both parties' signed Final Stipulation — Property, Debt and Spousal Support (form 400-00878). With minor children together, also include the parenting agreement (form 400-00825), child support order (form 400-00802), child support calculation worksheet, and each party's forms 400-00813A and 400-00813B.
4. File with the Superior Court, Family Division in the proper unit/county (§ 593); check the current fee schedule or request a fee waiver.
5. Serve the Defendant through the required method or file the signed official Acceptance of Service (form 400-00844).
6. Complete parent-education program if there are minor children.
7. Submit the Final Stipulation and any proposed Final Order; attend the final hearing unless the court grants a motion to waive it (form 400-00841, if eligible).
8. Nisi period — the divorce ordinarily becomes absolute 90 days after entry of the decree under § 554(a), unless the court fixes an earlier date.
9. Obtain certified copies of the Final Divorce Order after it becomes absolute, if needed.
10. Post-judgment: record deeds, process any required plan division order, update beneficiaries, and implement support payment arrangements.

SOURCES AND REFERENCES

• Vermont Statutes Title 15, Chapter 11 (Annulment and Divorce) — https://legislature.vermont.gov/statutes/chapter/15/011
• 15 V.S.A. §§ 551, 554, 592, 593, 656, 665, 666, 751, 752
• Vermont Judiciary — Divorce Forms and Self-Help — https://www.vermontjudiciary.org/family/divorce
• Vermont Judiciary — Stipulated Divorce or Civil Union Dissolution (official form list): https://www.vtcourts.gov/family/divorce/stipulated-divorce-or-civil-union-dissolution
• Vermont Judiciary — Divorce Process (service, fee, and parenting guidance): https://www.vtcourts.gov/family/divorce/divorce-process
• Vermont Office of Child Support — Child Support Calculator: https://dcf.vermont.gov/ocs/parents/calculator

Disclaimer: This template is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Use the current official Vermont Judiciary forms. Consult a licensed Vermont attorney for case-specific guidance.