Uncontested Divorce Petition Packet - Vermont

VERMONT UNCONTESTED (NO-FAULT) DIVORCE — FILING PACKET

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

☐ At least one spouse has resided in Vermont for six (6) months or more before the complaint is filed. (15 V.S.A. § 592)
☐ At least one spouse will have resided in Vermont for one (1) year before the final divorce hearing/decree. (15 V.S.A. § 592)
☐ Grounds for divorce exist: the parties have lived apart for six consecutive months and the resumption of marital relations is not reasonably probable. (15 V.S.A. § 551(7))
☐ 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 the three-month nisi period (15 V.S.A. § 554): after the final hearing the divorce becomes absolute only after the nisi period runs.
☐ 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 where either spouse resides. (15 V.S.A. § 593)

Filing-fee estimate: approximately $160 at the Vermont Superior Court, Family Division. Fee waivers (Application to Waive Filing Fees and Service Costs, Form 228) are available for financial hardship.

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)

☐ Plaintiff ☐ Defendant has resided in Vermont for at least six months before the filing of this Complaint, and at least one party will have resided in Vermont for one year before the final hearing. Plaintiff resides at [________________________________] in [____________________] County/Unit, Vermont.

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 have lived apart for six consecutive months, and the 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 (15 V.S.A. § 656)

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 be served with the Summons and Complaint. In an uncontested matter, the Defendant ordinarily signs an Acceptance of Service and may file an Answer admitting the allegations or a stipulation.

ACCEPTANCE OF SERVICE / WAIVER

I, [DEFENDANT FULL NAME], acknowledge receipt of the Summons and Complaint for Divorce in this action on [__/__/____].

☐ I accept service and waive further service of process.
☐ I do not contest the divorce and agree to the entry of judgment on the terms set forth in the Final Stipulation and Parenting Plan (if any).

Defendant's Signature: [________________________________] Date: [__/__/____]

PART 5 — FINANCIAL DISCLOSURE (Form 813 Financial Affidavit)

Vermont requires a sworn Financial Affidavit (Form 813) from each party, especially where maintenance or child support is at issue.

☐ Plaintiff's Financial Affidavit filed. ☐ Defendant's Financial Affidavit filed.

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 made full financial disclosure (Form 813) 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 by Qualified Domestic Relations Order (QDRO) [____]% / [____]%.

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

This Stipulation shall be incorporated into the Final Divorce Order and is a binding agreement.

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: [____________________________________________________________]
• ☐ Parents have completed the required parent-education program.

B. Child Support (15 V.S.A. § 656 — income shares)

• 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

☐ A completed Child Support Guideline worksheet / Form 813A is attached.

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 residency requirements of 15 V.S.A. § 592 are 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. This order becomes absolute (final) upon expiration of the three-month nisi period under 15 V.S.A. § 554, on [__/__/____].
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, conforming to 15 V.S.A. § 656, payable through the Office of Child Support.
6. Name Restoration. ☐ Plaintiff's former name [________________________________] is restored.
7. Other: [________________________________]

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

PART 9 — FILING CHECKLIST & PROCEDURE

1. Confirm residency — 6 months to file, 1 year before final decree (15 V.S.A. § 592).
2. Prepare the package: Complaint for Divorce (Form 400-00836), Summons, Financial Affidavit (Form 813), and — if children — a Parenting Plan, Child Support worksheet, and the parent-education program enrollment.
3. File with the Superior Court, Family Division in the proper unit/county (§ 593); pay ~$160 (or file fee-waiver Form 228).
4. Serve the Defendant or obtain a signed Acceptance of Service / Waiver (Part 4).
5. Complete parent-education program if there are minor children.
6. Submit the Final Stipulation and proposed Final Order; attend the final (uncontested) hearing.
7. Nisi period — the divorce becomes absolute after the three-month period under § 554.
8. Obtain certified copies of the Final Divorce Order after it becomes absolute.
9. Post-judgment: record deeds, process QDROs, update beneficiaries, change name with SSA/DMV, set up child-support withholding.

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 Office of Child Support — Child Support Guideline

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.