Vermont Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, proceed with an individual Complaint and serve them. Vermont's default process still requires satisfaction of the 6-month residency requirement before the Decree is entered.

Individual Complaint — Overview

1. File Complaint for Divorce at Family Court unit; pay $100
2. Serve the Defendant
3. Defendant has 30 days to file an Answer
4. If no Answer: file Motion for Default
5. Proceed to default hearing
6. Decree entered (after 6-month residency satisfied)

Service Options

Option 1 — Acceptance of Service / Waiver

Ask your spouse to sign an Acceptance of Service form. Fastest option.

Option 2 — Sheriff or Vermont State Police

County sheriff or Vermont State Police can serve. Cost: ~$30–$60.

Option 3 — Process Server

Private process server. Cost: ~$75–$150.

Option 4 — Publication

If your spouse cannot be found after diligent search:

1. File Motion for Service by Publication
2. Court grants permission
3. Publish notice in approved Vermont newspaper
4. File Affidavit of Publication

After Service — 30-Day Response Deadline

The Defendant has 30 days after personal service to file an Answer. File a Motion for Default if no Answer is received.

Default Process

1. File Motion for Default after 30-day deadline
2. Default entered against Defendant
3. Proceed to default hearing
4. Present testimony: Vermont domicile; irreconcilable differences; marital property evidence; proposed division
5. Judge enters Decree (once 6-month residency satisfied)

Note: You must still satisfy the 6-month residency requirement — even in default cases. The case will pend until that milestone is reached.

Financial Affidavit — Still Required in Default

Even in default proceedings, the Plaintiff must file a complete Financial Affidavit. This is mandatory in all Vermont divorce cases.

Temporary Orders

File a Motion for Temporary Orders during the case:

• Temporary spousal maintenance
• Exclusive possession of the marital home
• Temporary custody and child support (if children)
• Injunction against dissipation of marital assets

Last reviewed: March 2026 | 30-day response deadline | File Motion for Default if no Answer | Default hearing required | 6-month residency still required before Decree | Financial Affidavit mandatory | Temporary orders available | Family Court — unit | $100 fee | vermontjudiciary.org/family/divorce | vtlegalaid.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.