Vermont Divorce: What You Need to Know

Divorce is the legal process of ending a marriage between two parties in Vermont. In Vermont, divorce cases are filed with the Family Division of the Superior Court in the county where either spouse resides.

This article explains how divorce works in Vermont, including residency rules, waiting periods, types of divorce, the court process, county-level filing details, and how to access divorce records.

How Does Divorce Work in Vermont?

In Vermont, you must meet certain residency requirements before you can file for divorce and obtain a divorce decree. To be eligible to file for divorce, at least you or your spouse must have lived in the state for six months. To obtain a final divorce decree, you or your spouse must have been a resident of the state for a year.

Vermont allows for both no-fault and fault-based divorces. No-fault divorce is applicable to couples that have been living apart for six months with no hope of getting back together. This type of divorce is based on the presumption that there are irreconcilable differences between both parties.

On the other hand, fault-based divorce is when one couple cites incidents such as adultery, extreme cruelty, willful desertion, habitual drunkenness, conviction of a felony, and willful neglect as the reason for seeking a divorce.

Before you can finalize a no-fault divorce, you need to be separated for six months in most cases. If the divorce is contested, it can take a lot longer depending on the disagreements and court schedule.

Types of Divorce in Vermont

Vermont law provides several types of divorce:

• Uncontested divorce: An uncontested divorce occurs when both spouses agree on all terms of the divorce. These cases are resolved quickly and with fewer hearings.
• Contested divorce: A contested divorce means that both spouses do not agree on all terms of the divorce. This type of case may require mediation, hearings, or trial.
• No-fault divorce: This type of divorce is applicable if a couple has been living separately for six months with no chance of reconciliation.
• Fault-based divorce: In this type of divorce, one party files for divorce alleging that the other party caused the breakdown of their marriage. Grounds such as adultery or cruelty may be cited.
• Collaborative divorce: This process allows couples to work with attorneys and mediators to settle all terms of their divorce without a trial.
• Legal separation: Vermont allows legal separation. This permits couples to live apart but remain legally married. The court orders how support and custody will be shared by both parties.

Vermont Divorce Court Process and Forms

Divorces in Vermont are filed in the Superior Court, Family Division of the county where either spouse resides. The process begins when one spouse, the plaintiff, files a Complaint for Divorce.

Other required documents may include:

• Vital statistics form
• Financial Affidavit
• Statement of confidential information
• Parenting Plan and Child Support Worksheets (if children are involved)

Once you submit a divorce complaint to the Family Division of the Superior Court in the county where you or your spouse resides, the next thing to do is to serve your spouse with the papers. Usually, you can do this by mailing the documents or having a sheriff deliver them. However, if you and your spouse have children, the process might be different. Your spouse has 21 days to respond.

Both parties must exchange financial disclosures. If there are children involved, both parents must go through a Parenting Education Program before any custody arrangements are finalized.

Judges may recommend mediation in custody or property disputes. If mediation fails, the case proceeds to trial.

After the last hearing, there is a 90-days mandatory waiting period before the divorce is officially finalized. This is known as the nisi period. However, a judge may shorten or waive the nisi period if the couple agrees to do so.

City- and County-Level Filing Details

Divorces in Vermont are filed at the county level in Superior Courts, Family Division. Here are details for some of the largest counties:

• Chittenden County (Burlington):
  • Courthouse: Chittenden County Superior Court, Family Division, 32 Cherry Street, Burlington, VT 05401.
  • Services: Chittenden County Superior Court provides online forms and filing instructions for free. The court also orders mandatory parenting education in custody cases.
• Rutland County (Rutland):
  • Courthouse: Rutland County Superior Court, Family Division, 9 Merchants Row, Rutland, VT 05701.
  • Services: Rutland County Superior Court Clerk provides forms and filing packets at the courthouse. The court also encourages mediation in contested cases.
• Washington County (Montpelier):
  • Courthouse: Washington County Superior Court, Family Division, 255 State Street, Montpelier, VT 05602.
  • Services: This court requires parenting education in cases involving child custody. The court clerk provides assistance with filing.
• Windsor County (White River Junction):
  • Courthouse: Windsor County Superior Court, Family Division, 82 Railroad Row, White River Junction, VT 05001.
  • Services: Windsor County Superior Court provides filing packets to those interested in filing a divorce.
• Bennington County (Bennington):
  • Courthouse: Bennington County Superior Court, Family Division, 207 South Street, Bennington, VT 05201.
  • Services: The court clerk provides guidance and self-help resources.

How to Search for Divorce Records in Vermont

In Vermont, divorce records are public information and anyone can request access to these records. However, access to sensitive information such as Social Security numbers, financial account details, and information about minor children are redacted. Records are maintained by the Clerk of the Superior Court, Family Division in the county where the divorce was finalized.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and case files can be requested from the clerk for a fee.
• Online: Vermont’s Court Case Access Portal provides limited docket information for divorce cases, though full documents must be requested at the courthouse.
• Vital Records: The Vermont Department of Health, Vital Records Office issues divorce certificates (summary records, not full decrees) for divorces granted since 2014. Older records may be available through the court or State Archives.
• Third-party services: Private record search sites may provide case information, but only the courts or Vital Records can issue certified copies.

Divorce records may include the names of the spouses, the date and county of divorce, the case number, and the court’s rulings on custody, property division, and support. The Final Divorce Decree is the official proof that the marriage has legally ended.

Key Points

• Divorce in Vermont is filed in the Superior Court, Family Division, of the county where either spouse resides.
• Residency requires six months to file and one year before the final decree is issued.
• Vermont recognizes both no-fault and fault-based divorces, though most are filed as no-fault.
• Parents must attend parenting education programs in cases involving children, and mediation is common in disputes.
• Divorce records are public and available through county clerks, with summaries provided by the Vermont Department of Health.