Divorce Process

Costs

When you file a divorce case in court you have to pay a filing fee (Select Family Division Fees, Filing for entry of divorce, annulment or dissolution of civil union or legal separation). The filing fee may be reduced or waived in the following cases:

• The filing fee is lower if at the outset you and your spouse file an agreement settling all matters. That agreement is called a stipulation. For information about stipulated divorces, see the Parties Agree (Stipulation) section below. 
• If you can't afford the filing fee, you can ask the court to consider waiving it. See the Application to Waive Filing Fees and Service Costs web page for more information and forms.  

There may be costs to have the documents delivered to your spouse. If you have children, the court will serve the documents and you will have to pay a fee for that. You can ask to waive service fees as part of the Application to Waive Filing Fees and Service Costs.

If you have children, you will be required to take a course about parenting and divorce. There is a fee for this course.

Timeline

Several timing issues come into play in a divorce.

• Residency: To file for divorce, you or your spouse must have been a resident of Vermont for six months. One of you must have lived continuously in Vermont for at least a year before the final divorce hearing can be held.
• Grounds for divorce: Vermont allows a no-fault divorce. That requires that you and your spouse live separate and apart for at least six consecutive months and that you are not likely to get back together. There are other grounds for divorce, but this is the most common.
  • You can file for divorce before you separate, as you are separating, or after you separate. You can't have a final divorce hearing until you've been separated for six months.
  • Living separate and apart means not living as a couple. It is possible to do this while living in the same home. You need to sleep in separate rooms and keep your households separate. If you do that, a court may conclude that you have been living separate and apart. You may want to talk to a lawyer if you are considering living in the same home as your spouse during the divorce process. Living together while you are going through a divorce can be very difficult for you and your children.
• Minor children: If you have minor children, the court usually won't schedule a final divorce hearing until six months after the divorce starts. Sometimes a judge may allow a final divorce sooner than that. It may happen if you have had a stable and effective parenting agreement for at least six months.

The six-month separation period for a no-fault divorce and the six-month parenting period for couples with kids can run at the same time.

There is a three-month waiting period after the judge grants the divorce before the divorce is final. This is called a nisi period. The judge may shorten or waive the nisi period if you both agree to do that. At the end of this period, the divorce automatically becomes final. You won't get any more orders or communications from the court.

If you have minor children, your divorce will usually take at least six months. If you don’t have minor children, it’s possible to get through the process more quickly. That could happen if you separated before either party filed for divorce.

The most important factor is how much you and your spouse agree. Things will go faster if the two of you can agree on as much as possible. That includes decisions about parenting, support, debt payment, property division, and other issues. If you ask a judge to decide these issues for you, the divorce will likely take much longer.

A stipulation is an agreement between the parties to all of the terms of the divorce.

• You may be in complete agreement at the start of the case.
• You may come to an agreement at any time during your case with the help of a mediator or your case manager, or on your own.

A mediator is a neutral third party who can help you reach agreement on the issues in your divorce case. The Family Mediation Program web page has information about the program and a list of mediators. In some cases, the judge may require parties to meet with a mediator before the case can move ahead.

If you start your divorce case with a stipulation, the filing fee is less. The cost to file without a stipulation is $295. The cost to file with a stipulation is $90. If the judge doesn't approve your stipulation, you may be required to pay the higher filing fee.

Even if you are in complete agreement, the judge will review the paperwork to make sure everything complies with Vermont law, and to make sure you meet all the requirements to be divorced in Vermont.

If you and the other party agree about everything, these forms must be filed in addition to the other forms needed for the divorce:

  Signed by the defendant

• Acceptance of Service - Family Division (form 400-00844)

  and one of these (depending on whether the parties have minor children):

• Notice of Appearance, Answer to the Complaint and Counterclaim (without children) (form 400-00837 (without Children))
• Notice of Appearance, Answer to the Complaint and Counterclaim (with children) (form 400-00837 (with Children))

  Signed by both parties

• Final Stipulation – Property, Debt and Spousal Support (form 400-00878).
• If you have minor children together, also these forms:
  • Agreement on Parental Rights and Responsibilities (Stipulation - Parenting Plan) (form 400-00825).
  • Child Support Order (form 400-00802)
  • Child support worksheet using the Child Support Calculator from the Office of Child Support website.
  • Financial Affidavit (form 400-00813A) - required from both parties
  • Financial Affidavit - Property and Assets (form 400-00813B) - required from both parties
• If you meet certain requirements, you can ask to waive the final hearing and grant the final divorce or civil union dissolution using the Stipulation and Motion to Waive Final Hearing (form 400-00841). This option is not available if there is an abuse prevention order in effect involving the parties.
• There is a 90-day waiting period after the judge grants the divorce before the divorce is final. This is called the nisi period. One of the sections in the Final Stipulation – Property, Debt and Spousal Support (form 400-00878) asks whether you would like to waive or shorten the nisi period. There may be insurance or tax reasons for not asking to waive or shorten the nisi period.

You can find all of these forms at the bottom of the Divorce web page. 

Your stipulation will specify:

• Who will live in the marital home. If the parties own the home, whether it will be sold, how the proceeds or debt will be split, and who will be responsible for expenses in the meantime.
• Who gets which assets. This includes bank accounts, personal property, retirement accounts, cars and trucks, and valued possessions.
• Who will be responsible for which debts, including credit card debts. Even if one of you agrees to be responsible for paying a debt, the creditor may pursue payment of a joint debt from both of you.
• Whether one party will pay spousal maintenance to the other. Spousal maintenance is also called spousal support or alimony.

If you have minor children with the other party, your stipulation will also specify:

• Legal responsibility: Who will make major decisions about medical issues, education, and religious upbringing.
• Physical responsibility: Where the children will live.
• Parent-child contact: How much time will the children spend with each parent.
• Child support: Vermont law requires parents to support their children. The amount of child support calculated using the child support guidelines. Your stipulation must include a copy of the child support worksheet, which you can generate using the Child Support Calculator. You can find more information about calculating child support on the Child Support web page.

You can find information about these topics on the Judiciary's website:

• Parental rights and responsibilities and parent–child contact
• Child support
• Financial issues

Don't sign stipulation forms if you don't agree

Only sign the stipulation forms if you completely understand and completely agree with what you're signing.

If you have questions or concerns, or are feeling pressured or forced to sign something, consider talking to an attorney. The Finding Legal Help web page has information about the ways to get the help of an attorney.

The person who starts the divorce case is called the plaintiff. The person responding to the case is called the defendant. It doesn’t matter whether you are the plaintiff or the the defendant. Your role does not affect the outcome of the case.

The person signing the forms must be 16 or older and be of sound mind. If they are not 16 or older or are not of sound mind, a parent or guardian may sign on their behalf.

Step 1: Fill out the forms

If you do not have minor children with the other party, fill out these forms:

• Information sheet (form 800)
• Complaint for Divorce/Legal Separation/Dissolution without Children (form 400-00836NoChildren)
• Statement of Confidential Information (form 400-00849)
• Department of Health Record of Divorce or Annulment (form VDH-VR-DIV)
• Notice of Appearance of Self-Represented Party (form 400-00831) - if you are not represented by an attorney

You can find these forms in the Forms section of the Divorce web page.

If you do have minor children with the other party, fill out these forms:

• Information sheet (form 800)
• Complaint for Divorce/Legal Separation with Children (form 400-00836Children)
• Statement of Confidential Information (form 400-00849)
• Department of Health Record of Divorce or Annulment (form VDH-VR-DIV)
• Notice of Appearance of Self-Represented Party (form 400-00831) - if you are not represented by an attorney

You can find these forms in the Forms section of the Divorce web page.

Stipulation

If the parties agree about everything at the start of the case and want to file a stipulated case in order to pay a lower filing fee, there are forms that must be filed in addition to the forms needed to start a divorce or legal separation listed above. See the Parties Agree (Stipulation) section of this web page for more information.

Ways to fill out the forms

You can fill out the forms in one of these ways:

• Download and complete the fillable PDF forms from the Forms section of the Divorce web page. 
• Print the forms from the Forms section of the Divorce web page and fill them out by hand.
• Pick up the paper forms from the Family Division at the courthouse and fill them out by hand.
• Fill out the forms on a smart phone or computer using the VTCourtForms guided interview.

Step 2: File the forms with the court

Filing means giving the completed forms to the court. 

File the completed forms with the Family Division of the Superior Court in the county where you or the other party lives. You can file in person at the courthouse, by mail, or by email. See the Filing Procedures web page for more information about filing.

Filing Fee

There is a fee to start a divorce case. Filing fees are listed on the Fees web page. (select Family Division Fees, Filing for entry of divorce, annulment, or dissolution of civil union or legal separation). If you can't afford the filing fees, you can ask the court to consider waiving them. See the Application to Waive Filing Fees and Service Costs web page for more information and forms.

Be sure to keep a copy of everything you file with the court.

Step 3: Forms served on the other party

Serving means delivering a copy of the completed forms to the other party. 

• If you do not have minor children with the other party, you are responsible for arranging to have the papers served. See the Serving Papers web page for information about service options. 
• If you do have minor children with the other party, the court will handle service in most cases. You are responsible for the cost of service unless you asked to have the fee waived and the court granted your request. If the parties are in complete agreement (stipulating), other less formal service options are available. See the Serving Papers web page for more information. 

The person who starts the divorce case is called the plaintiff. The person responding to the case is called the defendant. It doesn’t matter whether you are the plaintiff or the the defendant. Your role does not affect the outcome of the case.

There are several different ways you could be served with papers in a divorce case. See the Serving Papers in Family Division Cases web page for more information. 

Step 1: Fill out the Answer form

You have 21 days from when you were served with the papers starting the case to file a written response with the court. Your response is called an Answer. You have 21 days to file it, but when those 21 days start depends on how you were served:

• If you signed an Acceptance of Service of Service (form 400-00844) or Waiver of Service (form 400-00820), the 21 days start on the day you signed the form.
• If the papers were mailed to you, the 21 days start on the day you signed for the envelope with your mail carrier or at the post office.
• If the sheriff served you in person, the 21 days start on the day you were served.

There are different Answer forms depending on whether your have minor children with the other party:

• Notice of Appearance, Answer to the Complaint and Counterclaim (without children) (form 400-00837 (without Children))
• Notice of Appearance, Answer to the Complaint and Counterclaim (with children) (form 400-00837 (with Children))

You can find these forms in the Forms section of the Divorce web page.

Asking for more time to answer

If you need more time to file an answer, you make a written request (a motion) for more time. Use the Miscellaneous Motion – Family Division (form 400-00830) to make your request. You can find the form in the Forms section of the Divorce web page under General Motion.

Ways to fill out the forms

You can fill out the forms in one of these ways:

• Download and complete the fillable PDF forms from the Forms section of the Divorce web page. 
• Print the forms from the Forms section of the Divorce web page and fill them out by hand.
• Pick up the paper forms from the Family Division at the courthouse and fill them out by hand.

Counterclaim

The answer form includes an optional counterclaim section. There are several reasons why you might want to make a counterclaim: 

• There are things you want to ask for as part of the divorce which weren’t included in the plaintiff’s complaint. For example, you want to be restored to the name you had before you got married, but the plaintiff did not include that in their complaint.
• You not only disagree with some of the things the plaintiff asked for in the complaint, you want to ask for something different. For example, the plaintiff asked for sole parental rights and responsibilities of your children. You can use the counterclaim to ask for shared parental rights and responsibilities.
• You are concerned the plaintiff will change their mind about the divorce and ask to dismiss the case. If you file a counterclaim, the case will not be dismissed because of their request to dismiss.
• You are concerned the plaintiff will not follow through with the steps in the case, and the case will be dismissed because of inactivity. If you file a counterclaim you can keep the case moving.

There may be other reasons. Talk to an attorney if you have questions about a counterclaim. See the Finding Legal Help web page for information about the ways to get the help of an attorney.

A counterclaim is usually filed at the same time as your answer – within 21 days of being served with the complaint. It is possible to ask permission to file a counterclaim after the deadline has passed. Use the Miscellaneous Motion – Family Division (form 400-00830) to make your request. You can find the form in the Forms section of the Divorce web page under General Motion.

There is no fee to file a counterclaim in a divorce, legal separation, or civil union dissolution case.

Step 2: File your Answer with the court

Filing means giving the completed forms to the court. 

File the completed forms with the Family Division of the Superior Court handling your case. You can file in person at the courthouse, by mail, or by email. See the Filing Procedures web page for more information about filing.

Step 3: Serve your Answer on the other party

Serving papers means getting a copy of everything you file with the court to the other party in the case. You can hand deliver, mail, or email (if the other party has agreed to service by email) documents to the other party.

You must serve copies of everything you file with the court on the other party (or their attorney, if they have one), and fill out and file a Certificate of Service (form 600-00264) to tell the court how you did that. If the Office of Child Support is involved in your case you must also serve them.

If you don't file an Answer

It is very important to file an answer to the complaint. If you don't, the court can enter a default judgment against you. A default judgment is a decision made by the court without your input or participation. The order can involve your property, responsibility for debts, and other financial matters. If you have children, the order may determine where your children live and how much time they spend with each parent. The court can also order you to pay child support. If you don't file an answer but appear at a scheduled court hearing, you will be allowed to participate.

After the complaint is filed and the papers are served, you and your spouse will start getting notices and orders from the court. Read these carefully and follow the instructions. Do not ignore a court order.

You may receive one or more orders the court often issues at the beginning of a case.

Interim Domestic Order

Be sure to read the Interim Domestic Order carefully. It includes many provisions that apply in every case.

• Taking children out of Vermont. Neither parent can take the children, or let them be taken, out of Vermont for than 48 hours unless the other parent agrees in writing or the court gives permission by court order.
• Communication with children. Parents must must discourage the children from taking sides in the case. Parents may not speak negatively about the other parent in front of the children, and may not allow others to do so.
• No harassment. Neither party may threaten, harass, or interfere with the personal of the other party. 
• Moving out of the family residence. The parties must try to agree on their living arrangements and how and when the children will spend time with each parent. If the parties won't be living in the same residence, they must try to decide between themselves who will move out. 
• Personal belongings. The party moving from the family residence may take their personal belongings. Any other property, such as furniture, may be removed if both parties agree. If the parties can't agree on the items to be removed, they can ask the judge to decide. 
• Real and personal property. Neither party can sell, transfer, hide, remove, loan, damage, or mortgage any real property, personal property, or assets (including bank accounts and retirement accounts) owned by one or both of them unless both parties agree in writing, or it's needed for normal living expenses or to run a business. 
• Utilities. Neither party can shut off or interfere with the other party's utility services. This includes heat, gas, electricity, phone, water, and cable tv.
• Expenses and debts. Parties are expected to pay regular living expenses as they did before separating. If there needs to be a change, the parties should try to agree on how to handle those bills. Any unreasonable debt incurred after the case starts, including credit card charges, will be the responsibility of the person who incurred the debt unless the parties agree otherwise.
• Insurance policies. Neither party can cancel, change, or fail to pay for any insurance policy without the written agreement of the other party. This applies to all insurance policies including life, health, dental, car, and home insurance.
• Mail. Parties must promptly forward any personal mail or packages for the other party. Mail addressed to both parties, mail about the children, and mail about the parties' assets, debts, or property must be shared between the parties. 

Parenting Course - COPE

If you and your spouse have minor children together, you must both attend a parenting course called Helping Children Cope With Separation and Divorce (COPE). Classes are offered online on different days and at different times, so you can choose the option that best fits your schedule. The COPE course gives you information to help you and your kids deal with the changes to your family relationships. The sooner you attend the course, the better informed you will be.

Case Manager Conference

You will also receive a notice to attend a case manager conference. This is a meeting with your spouse and a case manager at the courthouse. If the Office of Child Support (OCS) is a party to the case, a representative from OCS will also attend the conference on behalf of the State of Vermont regarding child support only. This conference is usually held four to eight weeks after the divorce is filed. Use the time before that to fill out your financial forms and gather the financial records that you are required to bring to the conference. You must bring copies of all of these documents for the court, the other party, and OCS if they are a party. Always keep a copy for yourself. If you have children, you should also consider what parenting plan is best for your children. Read more about case manager conference in the next section of this web page. 

Usually, the first court event is a case manager conference. The judge won’t be there. A case manager will run the conference with you and your spouse. The purpose is to figure out what you two can agree to, and what issues you will be asking the judge or magistrate to decide. The case manager will help you.

If you have children, you will talk about these things:

• Parental rights and responsibilities (sometimes called custody)
• Parent–child contact (sometimes called visitation)
• Child support
• Health insurance

Whether or not you have children, the case manager may talk with you about your assets and debts, the home you and your spouse own, and your income. Be sure to bring your financial information, particularly information about bank accounts, income, child care costs, and health insurance.

Parental Rights and Responsibilities and Parent–Child Contact

If you have a child (or children), the most important goal is to try to reach an agreement that will meet your child’s needs. Your child’s best interests are critically important. If you and your spouse haven’t reached an agreement before the conference, you should use the conference to try to come up with a plan that is best for your child. In particular, you will need to reach an agreement on the following matters:

• What’s the best schedule for your child in terms of the time your child spends with each of you?
• How should vacations and holidays be handled, given your child’s needs and where each of you live?
• Should the schedule change as your child gets older?
• How will the child get back and forth between the two households?
• Who should be responsible for the day-to-day care of and decisions about your child? This is called physical parental rights and responsibilities.
• Who should be responsible for the major decisions about things such as medical care, religious upbringing, and education? This is called legal parental rights and responsibilities.
• Should these responsibilities be shared, or primarily held by one parent? You can agree to share legal rights and responsibilities, physical rights and responsibilities, or both. And you can come up with a schedule for your child to spend time with both of you in a way that best meets the child’s needs. The court cannot order shared custody unless you both agree.

You can find more information about parental rights and responsibilities and parent–child contact here.

Child Support

If you have a child (or children), the case manager will also address child support and health insurance for your child. You should come to the conference with information about the cost of including your child on your health insurance plan if one is available through your employment, even if you are not currently enrolled.

Your child support is based on a computer model that considers the following:

• Each of your gross monthly income or earning capacity
• What each of you pays for health insurance and day care for your child
• How many nights the child spends with each of you
• Whether the child has special needs and expenses

The computer calculates a child support guideline amount to be paid by one of you. The person who pays, called the obligor, is usually the parent who has less time with the child or who makes more money. This guideline amount  is legally presumed to be the amount to be paid. You and your spouse may not just pick a figure and hope the court will agree. If the court finds that the guideline amount is unreasonable or unfair, it can deviate from this amount and order support at a different level. You can find more information about child support here.

Other Issues

After parental issues are decided, or if you have no minor children, the case manager may talk with you about the following:

• Who will live in the home during (or even after) the divorce
• Whether either of you will pay the other temporary (or longer-term) spousal support
• How you will divide your property
• How you will divide debts and bills

The case manager will help you write up your agreements about such issues. Keep in mind, though, that you should never agree to anything you are not comfortable with.

You and your children, if you have any, will be better off if you can reach an agreement for many reasons, including these:

• You and your spouse know more about your child, your finances, and your property than a judge ever will. You are in a better position to find fair and practical solutions to the issues in your divorce.
• Most people would rather make their own major life decisions.
• If you have children, the two of you will have to work together to parent your children through the rest of their lives.
• You and your spouse are more likely to follow the court order if you have agreed to it together.

If either you or your spouse is going through a job change, or is uncertain of future income, you can enter into a temporary child support order. The court will review the order at the final divorce hearing if you both have still not agreed to a final order.

If you run out of time but think you may be able to agree on more issues, the court can schedule a second case manager conference. If you have any questions or concerns, bring them up with the case manager.

If there is domestic abuse in the relationship, tell the case manager before the first conference. The case manager can help come up with a way to communicate—such as texting or using a third party—to keep you safe.

The more prepared you are for the case manager conference, the more progress you can make. Sometimes, people just can’t talk to each other. But if you can, try to talk with each other before the conference to see if you can work out at least some issues. You don’t need to work everything out. If you disagree about something, just make a note of it and let the case manager know.

You can agree to a temporary or final order. A temporary order applies until the court issues an order after a final hearing, or until you and your spouse file a final agreement that is approved by the court.

Many divorcing couples are able to work out parenting schedules and child support with the help of the case manager. When they do, the court reviews the agreement within a few days and signs it. That turns your agreement into a court order. Court orders stay in effect until the court issues new orders.

Sometimes parents can’t agree on important issues that need to be decided before the final divorce hearing. When that happens, the court will decide. The case manager refers disputes to the child support magistrate, the family court judge, or both. In some cases, you may file a motion on your own to ask the court to take some action. The magistrate or judge (or both) will hold hearings at a later date.

The kinds of issues that you may need the court to decide on a temporary basis until the final hearing include:

• Where your child will live
• How much child support will be paid
• Who will live in the house until the final divorce hearing
• Who will pay the mortgage, property taxes, credit card bills, or other bills
• Whether either party will pay temporary support (alimony) to the other

Motions

If you can't work things out, you can ask the court for help. To do that, you must file a motion. A motion is a written request for the court to take some action. For example, if your spouse is refusing to share financial information that you are entitled to see, you can file a motion asking the court to order your spouse to share the information. You can use a motion form to explain the problem and ask the court to take action. You can find the form in the Forms section of the Divorce web page.

Whenever you file a motion with the court, you must send a copy to your spouse or your spouse's attorney. If the Office of Child Support (OCS) is involved, you should send a copy to OCS. To prove that you have sent the motion to everyone you are supposed to send it to, you must file a Certificate of Service with the court. You can find the form in the Forms section of the Divorce web page.

Be sure to keep a copy of everything you file.

Unless your motion involves an emergency, your spouse has 15 days to respond to it. You can use an affidavit form for objecting to a motion or to respond to a motion filed by your spouse. You can find the form in the Forms section of the Divorce web page.

In some cases the judge will decide on a motion without a hearing. In other cases the judge may decide to have a hearing. If the case is set for a hearing, a Notice of Hearing will be sent to the parties or their attorneys.

Temporary Hearing

If you have a court hearing, consider hiring a lawyer to represent you. Lawyers can represent you on all issues or on just some issues (which is known as a limited appearance). Even if not representing you in court, a lawyer may be able to help you organize your information to better prepare for the hearing. You can find general information about going to court here.

After your temporary hearing, the court will issue an order deciding the issues you raised. That may be an oral or written order at the hearing, or a written order after the hearing. The court's orders are usually temporary. That means that they stay in effect until the court issues another order. Sometimes temporary decisions are changed in the final order. For example, the court may decide who gets to live in the home while the divorce is pending, but it will not decide who gets to keep the home after the divorce.

If you and the other party are in complete agreement (stipulating) about all of the terms of the divorce, your final hearing will be uncontested. That means you are not fighting about anything and you don't need the judge to resolve any disputes.

If you and the other party agree about everything:

• You will both sign a completed Final Stipulation –  Property, Debt and Spousal Support (form 400-00878) and file it with the court.
• If you have minor children together, you will also both sign a completed Agreement on Parental Rights and Responsibilities, Parent Child Contact and Provisions Related to Children (form 400-00825) and file it with the court.

Make copies of these documents for both parties before filing them with the court.

You may have filed the stipulation forms at the start of the case, or filed them sometime later during the case once you were able to come to a complete agreement.

Even though the judge doesn't need to resolve any disputes at an uncontested hearing, the judge will need to make sure you have met all the requirements to be divorced in Vermont.

At the Final Hearing

The final hearing may be held remotely by video or phone, or in person at the courthouse. See the hearing notice for will specify whether the hearing is remote or in person. At the hearing, the judge will confirm:

• One or both parties have lived in Vermont for one year,
• At least one party has lived in the county when you filed for divorce,
• The parties have lived separate and apart for at least six months and there is no possibility of getting back together, and
• The parties have voluntarily agreed to a final order.

The judge may ask questions such as:

• Where are you and the other party living?
• How long have you lived there?
• Where were you living when you filed for divorce?
• How long have you lived in Vermont?
• When and where were you married?
• Have you lived separate and apart for six consecutive months?
• Is there any chance you will get back together as spouses?
• Have you both signed the final stipulation freely and voluntarily?
• Do you believe what you agreed to is fair to both of you?

If you have minor children together and you are asking for shared parental rights and responsibilities, be prepared tell the judge how – and how well – you have been communicating about your children since you separated.

The judge will usually sign a final order at the end of the final uncontested hearing. Both parties must sign an Acceptance of Service – Family Division (form 400-00844) to indicate they received a copy of the final order.

If your final hearing is held remotely, or if the other party doesn't sign the Acceptance of Service form during an in-person hearing, or if the other party doesn't come to the hearing, the court will mail a copy of the final order, a copy of the Acceptance of Service form, and a return envelope the party can use to send the Acceptance of Service form back to the court.

Asking to Waive the Final Hearing

If you meet certain requirements, you can ask to waive the final hearing and grant the final divorce or civil union dissolution on the paperwork. You can both sign a completed Stipulation and Motion to Waive Final Hearing (form 400-00841).

This option is not available if either party has been the subject of a final abuse prevention order involving the other party.

Waiting Period

There is a 90-day waiting period after the judge grants the divorce before the divorce is final. This is called the nisi period. At the end of the nisi period the divorce becomes final.

If the parties have signed a final stipulation, one of the sections in the form asks whether you would like to waive or shorten the nisi period. Waiving all or part of the nisi period may affect a party’s eligibility to be covered by the other party's health insurance, and may affect a party's income tax filing status.

If you disagree about some of the issues in your divorce, your final hearing will be contested. This means you have at least one dispute you need the judge to resolve.

If you have several disputes and one of them is about child support, you may have two contested hearings: one with the child support magistrate, and one with a judge who decides the other issues. You may have to wait for many weeks or even months for a hearing date with the court.

In some cases, one or two assistant judges may join the judge in a divorce or civil union dissolution case. They are sometimes called "side judges." Assistant judges perform the same role as a jury would: they consider the evidence, decide how much weight to give it, and determine what the facts are. They do not make legal rulings. Only the Superior Court judge makes the final decision.

At the final hearing, the judge will listen to both parties and any witnesses you bring, consider any evidence you present, and make a final decision on the issues you disagree on. The Going to Court web page has information about how to get ready for your hearing and what to expect on your hearing day.

Contested hearings can be complicated. Consider talking to an attorney to help you prepare, or to represent you at your hearing. The Finding Legal Help web page has information about the ways to get the help of an attorney.

If you choose to represent yourself, you must follow the same rules and procedures as attorneys do. Learn as much as you can about court rules and procedures so you are prepared. Common issues in divorce and civil union dissolution cases relate to these topics:

• Parental rights and responsibilities and parent–child contact
• Child support
• Financial issues

Waiting Period

There is a 90-day waiting period after the judge grants the divorce before the divorce is final. This is called the nisi period. At the end of the nisi period the divorce becomes final.

If the parties have signed a final stipulation, one of the sections in the form asks whether you would like to waive or shorten the nisi period. Waiving all or part of the nisi period may affect a party’s eligibility to be covered by the other party's health insurance, and may affect a party's income tax filing status.

There is a 90-day waiting period after the judge grants the divorce before the divorce is final. This is called the nisi period. At the end of the nisi period the divorce becomes final.

If the parties have signed a final stipulation, one of the sections in the form asks whether you would like to waive or shorten the nisi period. Waiving all or part of the nisi period may affect a party’s eligibility to be covered by the other party's health insurance, and may affect a party's income tax filing status.

You can ask the court to be restored to a former name as part of a divorce case. You should also mention it during the final hearing. If the request is granted, the divorce decree will include a provision restoring your former name. The divorce decree is a court order you can show to agencies to change your name on official documents.

You are responsible for telling others about your new name. Here is a list of some of the documents you might want to change and the institutions you might want to notify:

• Bank
• Birth certificate (Vermont | Other states)
• Department of Motor Vehicles to get a new driver license or state ID, and vehicle registration
• Department of State to change your passport
• Employer
• Health care providers
• Insurance company
• Landlord or tenants
• Library
• Mortgage company
• Post office
• Public benefits agencies
• School
• Social Security Administration to change your social security card
• State and local taxes
• U.S. Citizenship and Immigration Services
• Utilities, including power, internet, and phone
• Veterans Administration
• Voter registration

 If you didn't ask to be restored to a former name as part of your divorce case, or if you want to change your name to something other than a former name, you can start a name change case with the probate division.

If you want to appeal a final divorce judgment, you must file a Notice of Appeal to Supreme Court (form 800-00005) within 30 days of the judgment. You can find the form in the Forms section at the bottom of the Divorce web page. You can read about the process on the Appealing to the Supreme Court web page.

The Supreme Court will not hear new evidence. Instead, it relies on the documents filed in the trial court. It generally focuses on the transcripts from your final hearing and the exhibits admitted at that hearing. The Supreme Court will consider whether the trial court made any legal errors. Here are the most common legal errors:

• The trial court did not follow the correct procedure.
• The trial court did not apply the law correctly to the facts of the case.

Appealing to the Vermont Supreme Court can be complicated. You should consider talking to an attorney. See the Finding Legal Help web page for information about ways to get the help of an attorney.