Divorce in Vermont
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Top Resources for Divorce in Vermont
Finances, Property and Support
One of the most stressful parts of divorce is deciding who gets what and determining who must pay off marital debt. Spouses must reach agreements on things like splitting assets and debts, either on their own or with outside help from a mediator, financial advisor or attorney.
Other Important Topics about Divorce in Vermont
Just as every couple is different, so is every divorce. Some couples can use checklists and other free resources to DIY their divorce through the Vermont court system, while others need more help.
Others, including couples with at least one spouse in the military or couples with complicated scenarios (substantial assets, debts, custody concerns, an uncooperative spouse), must follow additional rules.
Related Topics
Important Information About Divorce in Vermont
What is the waiting period in Vermont?
Must have been separated for 6 months before final hearing. There is then another 3 month waiting period after hearing for divorce to be final.
What is the do you need to be separated before filing for divorce? if so, how long? in Vermont?
For a no-fault divorce, yes: six months. You could be under the same roof but must have separate bedrooms.
What is the property (e.g., separate property / equitable property) in Vermont?
Equitable distribution.
What is the filing fee in Vermont?
$295.00 without a stipulation; $90.00 with a stipulation and one or both residents; $180.00 with a stipulation if neither party is resident (Stipuation in this case means court-approved agreements between spouses)
What is the joint petition possible? in Vermont?
Yes.
What is the how do you waive filing fee? in Vermont?
Here is the form to fill out: https://www.vermontjudiciary.org/sites/default/files/documents/600-00228_6.pdf
What is the annulment rules in Vermont?
Grounds for annulment include but are not necessarily limited to:
- bigamy (one spouse already married to someone else);
- consanguinity (already related by blood);
- force;
- fraud;
- mental incapabiility (one spouse entered the marriage without having the legitimate means to do so);
- inability to consummate the marriage;
- under age 16 at time of marriage.
https://legislature.vermont.gov/statutes/chapter/15/011
What is the is there a faster way to divorce? (e.g., summary dissolution in ca) in Vermont?
Uncontested is the fastest.
What is the what are the parties divorcing called? in Vermont?
Plaintiff/Defendant
What is the methods of serving the petition (or equivalent) + can the respondent waive service? in Vermont?
With no minor children, you are respondible for service. Options include first class mail with acknowledgment, certified mail, personal service by sheriff, publication.
With minor children, the clerk handles service for you through the same means as above. However, the website also states this: "Even though the court clerk handles service when children are involved, if the other parent is agreeable, you may deliver the papers yourself, along with an Acceptance of Service form for them to sign." Link: https://www.vermontjudiciary.org/family/divorce/serving-papers
What is the what are the residency requirements for divorce? in Vermont?
To file for divorce or to dissolve a civil union, you or your spouse must be a resident of Vermont for 6 months. One of you must have lived continuously in Vermont for at least a year before the final divorce or dissolution hearing.
What is the does it matter who files first? in Vermont?
No.
What is the what is the deadline for the response (or equivalent) in Vermont?
21 days after service.
What is the are the parties required to go to court? describe in Vermont?
Not always. You may be able to waive your final hearing: https://www.vermontjudiciary.org/media/255
What is the are there requirements before you can file or finalize your divorce (like classes, etc) in Vermont?
Parents of minor children must take the four-hour Coping with Separation and Divorce (COPE) class. The class costs $79. If you can't afford the fee, you can ask to have the cost reduced. If approved, the fee could be reduced to $30 or $15. Go here to get cost reduced: https://www.vermontjudiciary.org/sites/default/files/documents/Form%20228C.pdf
Also: Most courts require you to attend a one-and-a-half-hour course to help you represent yourself. Link: https://www.vermontjudiciary.org/programs-and-services/pro-se-education-program
What is the is separation required before you can finalize your divorce? in Vermont?
Yes. Six months.
What is the no-fault state? in Vermont?
Both
What is the if fault, what are the grounds? in Vermont?
adultery, imprisonment 3+ years including at the time of divorce; cruelty; desertion; neglect; incapacitation.
What is the permanent alimony/spousal support? in Vermont?
Yes
What is the alimony/spousal support rules in Vermont?
There are two types of spousal maintenance: permanent (long term) or rehabilitative (short term). When one spouse asks for spousal maintenance payments, the court will look at the income, assets and reasonable needs of both spouses. One spouse may be ordered to pay maintenance to the other. The court looks at financial resources, past education costs, standard of living, duration of marriage, age and emotional condition of each spouse, inflation, any retirement benefits/Social Security benefits. Here is a generalized formula (at bottom of page): https://legislature.vermont.gov/statutes/section/15/011/00752
What is the child support rules in Vermont?
Visit Office of Child Support website: https://dcf.vermont.gov/ocs
What is the military divorce rules in Vermont?
If a parent is absent because of active military duty, the judge may make temporary decisions. This includes parental rights and responsibilities, and child support.
The court must appoint an attorney to represent the parent who is a military service member before the judge enters a default judgment.The court often delays issuing final orders until the service member can get leave to come to court.
All military personnel have an obligation to support their children. You may contact your commanding officer or the other parent's commanding officer to arrange for voluntary payments even if you do not have a child support order.
What is the is there an official spousal support calculator? if yes, link in Vermont?
No, but there are guidelines at the bottom of this page: https://legislature.vermont.gov/statutes/section/15/011/00752
What is the is there an official child support calculator? if yes, link in Vermont?
Yes. https://childsupportcalculator.ahs.state.vt.us/#/expert
What is the when are you able to file taxes as a single person? in Vermont?
You can file as a single person if you are divorced or legally seperated on or before Dec 31st
What is the can parties legally separate? if so, how? in Vermont?
Yes. In a legal separation case a married couple is asking for a court order that divides their property and (if they have children), provides for child support, parental rights and responsibilities, and parent-child contact, but does not end the marriage.
The process to ask for a legal separation is the same as asking for a divorce and uses the same forms.
What is the where do you file for divorce? (e.g., resident county, etc.) in Vermont?
In the county where one of you lives. You can find the court house for your area by looking here: https://www.vermontjudiciary.org/court-locations
What is the what are the rules for filing in this place? in Vermont?
The main form you file to start a divorce case is called a complaint. There are two ways you can fill out a divorce complaint.
1. You can get paper versions of the court forms you need and fill them out by hand.
2. You can complete forms online and print them out when you are done. There are separate forms and instructions for filing for divorce with children and divorce without children. If you need help getting these forms, you can call or go to your local family court.
The complaint is not the only form you have to fill out. There are several more, depending on if you have children (https://www.vermontjudiciary.org/family/divorce/divorce-process). You may also have to fill out the Income and Expense and Property and Assets affidavits if your spouse requests them or the court orders you to do that.
File your completed forms with the family division of the Superior Court in the county where you or your spouse lives. See the Filing Procedures web page for more information about filing (https://www.vermontjudiciary.org/self-help/filing-procedures)
What is the what are the primary documents generated for divorce called? in Vermont?
If you have children, look here to find the Complaint for Divorce/Legal Separation/Dissolution with Children: https://www.vermontjudiciary.org/media/242
If you don't have children, look here to find the Complaint for Divorce/Legal Separation/Dissolution without Children: https://www.vermontjudiciary.org/media/243
There is also an information sheet (cover sheet): https://www.vermontjudiciary.org/media/217
Health dept form for divorce or annulment: https://www.vermontjudiciary.org/media/210
Health dept form for civil dissolution or annulment: https://www.vermontjudiciary.org/media/209
Acceptance of service: https://www.vermontjudiciary.org/media/44
Final stipulation: https://www.vermontjudiciary.org/sites/default/files/documents/Form%20878.pdf
May be best to direct them here for access to all forms: https://www.vermontjudiciary.org/family/divorce/stipulated-divorce-or-civil-union-dissoluti
What is the can you change your name during the divorce process? if so, how? in Vermont?
Yes. It can be incorporated into the divorce decree.
What is the can you finalize your divorce while pregnant? if yes, how? in Vermont?
It seems that you can.
What is the info on ending domestic partnerships
(formerly "can you end a domestic partnership at the same time as divorce") in Vermont?
Yes, but you must ask for it specifically: "If you and your partner are joined in civil union and legally married, then you will need to ask the court to grant you a divorce and a civil union dissolution if you end your relationship."
What is the are financial disclosures required? if so, explain in Vermont?
If you have minor children, yes, financial affidavits must be filled out.
What is the is there free legal help for divorce in this state? if so, where and how do you access? in Vermont?
Yes. Several sites may offer help. Try these. Vermont Free Legal Answers: https://vt.freelegalanswers.org/
For lawyer referrals and low-cost (under $25) consultations: https://www.vtbar.org/find-a-lawyer
Link to help you find legal aid: https://vtlawhelp.org/
What is the is there common law marriage? in Vermont?
No.
What is the e-filing? in Vermont?
https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing
What is the e-filing? in Vermont?
Yes
What is the court required? in Vermont?
No
What is the are you required to appear in court at any point in the divorce process? in Vermont?
Once you've filed all the required forms and met the time requirements for living in Vermont and being separated from your spouse (discussed above), the judge will review your paperwork and agreements. If you've filed the form to waive a final hearing, you won't have to appear for this review—unless the judge decides that your agreement isn't "fair and equitable" and orders a hearing to question you about it.
What is the more divorce information: in Vermont?
Yes, and it appears to be mandatory. https://www.courts.ri.gov/efiling/Pages/default.aspx
