What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Vermont Divorce Records
- What Are the Residency Requirements for Divorce in Vermont?
- What Are the Grounds for Divorce in Vermont?
- How Much Does It Cost to File for a Divorce in Vermont?
- How Long Is the Waiting Period for Divorce in Vermont?
- How To File for Divorce in Vermont?
- Are Divorce Records Public in Vermont?
- How To Get Certified Copies of Divorce Decree in Vermont?
- Divorce Settlement: Is Vermont a 50/50 State?
- FAQs about the Divorce Process in Vermont
Vermont Divorce Records
Vermont has a divorce rate of 2.3 per 1,000 people, which is slightly lower than the national average of 2.4 per 1,000 people. Divorce rates in Vermont vary by ethnicity and are most common among African American couples.
Vermont divorce records include all the files and documents generated during a divorce proceeding. These records are created and maintained by the state's Superior Courts. There are three main types of divorce records in Vermont:
- Divorce Decree: This document establishes the specific terms of a divorce and the court's judgment.
- Divorce Certificate: This document provides proof of divorce. It contains basic information about the parties involved and the date of the divorce.
- Divorce case file: This includes every other document and material that was generated during the divorce proceedings.
Generally, divorce records are considered public information in Vermont, meaning that anyone can access these records. However, some divorce records contain sensitive information that makes them confidential and exempt from public disclosure. Access to these records is restricted to parties involved in the case or individuals with a valid court order.
What Are the Residency Requirements for Divorce in Vermont?
To be eligible to file for divorce in Vermont, you must have lived in the state for at least six months, and either your spouse or you must have lived within the state for a year before the final divorce hearing can be held.
What Are the Grounds for Divorce in Vermont?
Vermont divorces are filed as fault or no-fault divorces:
- Fault Divorce: this type of divorce is filed when one party is blameworthy for the breakdown of the marriage. Fault Divorce may be contested or uncontested, and the petitioner must prove that their spouse committed an act that caused the marriage to break down. V.T. ST 15 § 551(7) outlines several grounds for fault divorce in Vermont:
- Adultery
- Conviction in a state prison
- Intolerable severity in either party
- Permanent incapacity due to mental condition
- Separation from your spouse for six consecutive months without hope of reconciliation
- No-fault Divorce: here, a couple seeks to end a marriage without assigning blame. Consequently, the court does not need to determine that one party is at fault for the breakdown of the marriage. To file what is known as no-fault type divorce in the state of Vermont, both your spouse and you need to have lived separately for more than six months consecutively. It's essential that you spent that time apart and it's helpful if you aren't planning to get back together.
How Much Does It Cost to File for a Divorce in Vermont?
The filing fee for a divorce in Vermont depends on whether the petitioner is filing with a stipulation and whether both parties are state residents at the time of filing. The cost of filing a divorce without stipulation in Vermont is $295. In contrast, filing with a stipulation and one or both parties being resident costs $90, and filing with a stipulation and neither party being resident costs $180. It is important to note that these fees exclude additional costs that may result from the divorce process, such as:
- Attorney fees
- Mediation fees
- Parenting/Co-parenting classes
- Joint debts
- Alimony
Generally, the average total cost of divorce in Vermont is $9,000. This is lower than the national average of $9,970 and neighboring Massachusetts, where the average total cost of a divorce is $12,000.
How Long Is the Waiting Period for Divorce in Vermont?
Vermont has a mandatory waiting period that spans three months after going through the final hearing before it's possible to finalize the divorce. This length of time is known as a nisi period. It's possible for the nisi period to be waived, or shortened if both parties are in agreement. Once the nisi period is finished the divorce is completed.
How To File for Divorce in Vermont?
Filing for a divorce in Vermont generally begins with determining your eligibility to file in the state and the type of divorce you wish to file for. The type of divorce you wish to file for determines the documents you must submit to the court. For instance, if you are filing a divorce with children, you must complete and file the following:
- Form 800 - which is an informational sheet containing basic data about yourself
- Complaint for Divorce, Combined Summons, Affidavit for Child Custody (Form 400-00836), and Notice of Appearance
- The Initial page within your order form for child support (Form 400-00802)
- Information related to the Health Department
- Property and Assets Financial Affidavit (Form 400-00813B)
- Income and Expenses Financial Affidavit (Form 400-00813A)
If you are filing a divorce without children, you must complete and file the following:
- A standard information sheet or Form 800 with only data about yourself
- Forms for Complaint for Divorce, Notice of Appearance (Form 400-00836), and a Combined Summons
- Data for the Health Department
Visit the various forms available on the Vermont divorce webpage to download applicable forms. Once you have identified the necessary forms, you may take the following steps:
- Submit all your finalized forms to the Superior Court's Family Division within your home county, or the county of your spouse.
- The next step is to serve your spouse the papers. You can do so via certified mail, sheriff service, and publication.
- Once they have received the complaint and summons, your spouse has 21 days to answer.
- After the complaint is filed and the papers are served, your spouse as well as you will start getting notices and orders from the court.
- The court will require both your spouse and you to attend a case manager conference. The purpose is to determine what you two can agree to and what issues you will ask the judge or magistrate to decide. The judge may order your spouse and you to participate in mediation at this stage.
- The court will schedule a hearing to decide the issue.
For more information concerning the divorce process in Vermont, visit the state's divorce webpage.
Are Divorce Records Public in Vermont?
Yes, most divorce records are considered public information in Vermont, meaning that anyone can access these records. However, some divorce records contain sensitive information that makes them confidential and exempt from public disclosure. Access to these records is restricted to parties involved in the case or individuals with a valid court order.
How To Get Certified Copies of Divorce Decree in Vermont?
You can obtain certified copies of a divorce decree by downloading, completing, and sending a request for Access to Court Record form to the court where the case was filed. If you send your request by email, follow up with a phone call to the court after a few days to ensure they received your request.
Divorce Settlement: Is Vermont a 50/50 State?
In Vermont, all marital property must be divided between the parties. The court adopts an equitable approach in distributing property and debts in a divorce. An equitable distribution doesn't always mean you'll undergo a 50/50 division of assets. Unlike a 50/50 approach, where marital property is split into two, an equitable approach allows the court to distribute marital property impartially. The court considers the following factors when splitting up a married couple's property:
- Marriage length
- The health and age of each person
- The skills of each spouse as well as their individual employability
- Contributions to the education, earning power, and training of one spouse from another
- The jobs or source of income for each spouse
- When a property settlement will be awarded to one spouse instead of a spousal maintenance payment
- Property values and liabilities of both parties
- Which party properties were acquired through
- Any contributions from each spouse toward purchasing, as well as the appreciation or depreciation of each property in question
FAQs about the Divorce Process in Vermont
Here are answers to frequently asked questions about the divorce process in Vermont.
How Do I Modify a Divorce Decree in Vermont?
To modify a divorce decree in Vermont, you must file a motion to modifyalong with an affidavit to the family law division that issued the final divorce order. The filing fee for this motion is $120. In your motion, clearly explain what has changed since the last order and why you seek modification. You must show that there has been a substantial and unanticipated change in circumstances for the court to consider your request.
If your final decree includes a requirement for mediation before filing a motion in court, your motion may be dismissed until mediation is completed. If mediation is not required, the court will review your motion and affidavit to see if your claims meet the necessary standards for modification. If you do, the court will schedule a hearing date.
How Do I Enforce a Divorce Decree in Vermont?
If your ex-spouse fails to comply with a court order, you can take action by filing a motion to enforce. This motion is a formal request asking the court to ensure that the other party follows an order. You can file this motion before or after the final divorce order.
If you file the motion before the divorce is finalized, you must send a copy to your spouse or their attorney. If the Office of Child Support is involved, you are required to send them a copy. If you file a motion after the divorce has been finalized, you must serve the motion directly to your spouse, not their attorney. Note that you must file a certificate of service with the court to prove that you have sent the motion to every party in the divorce case. After you file the motion and provide the certificate of service, the court will schedule a hearing.
At the legal hearing, the court will ask which part of the order has not been followed and why. After reviewing the case, if the court decides to enforce the order, your spouse may be required to pay for the costs and attorney fees you incur. In addition, if it is determined that your spouse willfully disobeyed the court while being able to comply, the court may hold them in contempt. Penalties for contempt may include imprisonment until the individual complies with the order.
What Are the Restrictions to a Divorce Decree in Vermont?
Vermont's family law provides for modifying final orders concerning child support, child custody, and alimony in the event of an unexpected change in circumstances after the divorce. However, the judgment concerning the division of property and debts is final and cannot be modified. The only exception is when the court sets the final judgment aside.
Can I Efile My Divorce in Vermont?
Vermont offers e-filing services for divorce cases via the Odyssey File and Serve portal. However, you must register with a valid email address to use the portal. If you choose to e-file, you must do so for the entire case. Note that there are additional costs associated with e-filing your case. For example, there is an extra $14 fee for filing a new case for the first time.
How Do You Serve Divorce Papers in Vermont?
To serve divorce papers means to deliver a copy of the documents you filed with the court to the other party in the case. The rules for serving divorce papers vary based on whether or not the case involves minor children. If the case involves minor children, the court staff will serve documents on behalf of the petitioner. However, if the case does not involve minor children, the petitioner is responsible for serving divorce papers to the other party. Services options for divorce papers in Vermont include:
- First Class Mail and Waiver of Service: This option allows the petitioner or clerk to deliver divorce papers alongside a notice of action and request for waiver of service form to the other party by regular first-class mail.
- Certified Mail: This option allows you to deliver divorce papers via certified mail.
- Service by Sheriff: Here, you can hire a sheriff or constable to deliver divorce papers. Once the sheriff serves the document, they will send you a document called return of service.
- Service by Publication: This option is used when you cannot find the other party to serve them the divorce papers or if you have tried to serve them by certified mail or by the sheriff and it did not work. However, you must file a written motion to your court before you can use this option.
- Acceptance of Service: This option allows you to serve the other party yourself by handing the summons and complaint to them.
Does Vermont Mandate Couples to Participate in Divorce Mediation or Counseling?
In Vermont, mediation is voluntary for all parties, and either party can end the mediation session anytime. However, a judge may order a couple to participate in divorce mediation if they believe it may help them reach a satisfactory settlement. In cases where mediation is required by court order, the couple is expected to participate. Failure to do so may delay the divorce process.
How Do I Seal My Divorce Records in Vermont?
You can seal your divorce records in Vermont by filing a motion to seal. The motion must include:
- Identify the specific case record or sections you wish to seal or redact.
- Specify the particular interests that you aim to protect.
- Provide any legal authority that supports your request for sealing.
- Confirm that service has been completed for all parties involved and for any other individuals or entities, aside from the movant, who are subjects of the information included in the filing, court record, or any other records relevant to the motion.
If the court finds, based on clear and convincing evidence, that there are good reasons and exceptional circumstances for restricting public access to the record, it will order that the record be sealed.
How Does Vermont Calculate Alimony?
Alimony is the financial support one spouse pays the other after a divorce. This support is necessary to help the financially dependent spouse cope with the hardship the divorce may cause. In Vermont, there is no standard formula for calculating alimony. Judges typically consider various factors when deciding the type, duration, and amount to be awarded:
- The income and property availability to the spouse who is asking for maintenance
- The spouse's ability to meet their needs
- The length of the marriage
- The standard of living during the marriage
- The ability of the paying spouse to meet their reasonable needs while also meeting the needs of the other spouse
- Adjustments of inflation
Once awarded, the alimony may be modified or terminated under certain circumstances, including:
- Death of the paying spouse
- The receiving spouse remarries
How Do I Access Historic Records in Vermont?
Vermont Divorce records can provide useful information for genealogical research, such as names and surnames of old family members and their spouses, as well as the date of a divorce. Vermont began to include divorce records in the state registry beginning in 1898. Divorce records before 1898 are maintained at the state's Superior Courts. You can access historic divorce records by visiting the Superior Court that handled the case or Vermont State Archives and Records.
