Vermont Divorce Records
In Vermont, the divorce process depends on whether issues about ending a marriage are contested or uncontested. Divorces are filed with the Family Division of the Superior Court in the county where the petitioner or respondent lives. Vermont requires one spouse to have lived in the state for six months before filing. A spouse must have lived continuously in Vermont for at least a year before the final divorce hearing. Vermont recognizes both no-fault and fault-based grounds for divorce. The no-fault grounds require that both parties live separately and apart for at least six consecutive months and are not likely to get back together before the final hearing.
Vermont divorce records are generally considered public. However, individuals involved in a divorce can file a special application to limit access to these records. Without such an application, divorce records can be accessed online. This practice reflects the state's dedication to transparency in the management of court proceedings. As of 2022, Vermont's divorce rates were lower than the national average, with the state recording 2.3 divorces per 1,000 residents as opposed to the national average of 2.4 divorces per 1,000 residents.
What are Divorce Records?
Vermont divorce records are official documents generated by the Superior Courts in the state, providing a comprehensive account of the process and judgment surrounding the termination of marriage between two individuals. These records include divorce certificates, decrees, and associated court documentation specific to divorces granted in Vermont. The significance of Vermont divorce records extends to their role as legal instruments for governmental and personal uses. They serve as substantiating evidence for confirming the divorced status of individuals. Furthermore, these records offer valuable statistical insights, enabling governmental and research institutions to analyze marriage and divorce trends in-depth.
Vermont divorce records are created when one of the parties initiates a divorce petition in the state's courts. Subsequent court proceedings and final judgments merge into a comprehensive divorce record, often culminating in a final divorce decree. While the issuance of divorce certificates falls under the purview of the Vermont Department of Health, the maintenance and dissemination of additional divorce records are entrusted to the Clerk of the Superior Court in the county where the divorce was granted. These records generally include the following information:
- The full names of the parties involved in the divorce
- The address of the parties involved in the divorce
- The date on which the marriage occurred
- The date when the divorce was finalized
- Grounds for the divorce
- Details about the settlement, such as alimony, property division, child custody, and child support arrangements
- The court in which the case was filed
- The court-assigned number for tracking and reference
Are Divorce Records Public in Vermont?
In accordance with Vermont's Vital Records Law, the majority of divorce records are deemed public information. However, certain details, such as information pertaining to children or minors, witnesses, victims of abuse or violence, and financial information, may be restricted from public access. With these exceptions aside, there are no limitations on the accessibility of divorce records. Requests for Vermont divorce records can be made in person or online. The state maintains a case search portal that provides access to divorce records in Vermont.
Divorce Stats and Rates in Vermont
According to data released by the National Center for Health Statistics, the divorce rate in Vermont stood at 2.3 divorces per 1000 persons as of 2022. This figure has remained consistent with 2021 but was lower in 2020 at 2.1 divorces per 1,000 people. Notably, the state recorded its highest divorce rate in 1995, at 4.7 divorces per 1,000 people.
Vermont's divorce rate is lower than the national average of 2.4 divorces per 1,000 people. This indicates that the likelihood of experiencing a divorce in Vermont is lower compared to many other states in the country. Despite this, divorce is still a common occurrence in the state, with approximately 3,000 divorces granted annually. It is noteworthy that the majority of marriages that end in divorce in Vermont tend to last up to 8 years.
Grounds for Divorce in Vermont
Per divorce regulations, Vermont allows a no-fault divorce, which means there is no requirement to prove that one spouse is responsible for the divorce before it can be granted. However, a party can obtain a divorce decree based on specific grounds, which may include but are not limited to:
- Adultery
- Willful neglect
- Desertion
- Life imprisonment
- Separation for at least six months without any hope of reconciliation
- Incurable mental illness
- Cruel treatment
How to File for Divorce in Vermont
To file for divorce in Vermont, at least one party must meet the state's residency requirements, which involve living in Vermont for at least six months before filing. Here are the crucial steps in the divorce process in Vermont:
- Prepare Agreements: Both parties are to collaboratively draft a mutual agreement regarding the division of assets, assignment of debts, and the potential for one party to provide spousal maintenance to the other. This agreement will encompass legal obligations, parent-child contact arrangements, and child support provisions in cases where the couple has minor children. It is important to note that even when there is unanimous agreement between both parties, a review of the paperwork by a Superior Court judge in the county of filing is necessary to ensure compliance with Vermont law and fulfill all requirements for divorce in Vermont.
- File Court Papers: You (the plaintiff) must complete appropriate court forms and submit other required documents to the Clerk of Courts.
- Service of Process: Even if the divorce is uncontested, it's essential to ensure that the other party is served with copies of all the filed legal documents. This may include the petition, financial disclosures, and any other relevant paperwork. It's important to follow all legal procedures to keep the process fair and transparent for both parties.
- Get a Hearing Date: After filing and serving documents, you must contact the Clerk of Superior Court to set a hearing date.
- Hearing: You and your spouse appear in court. The judge reviews submitted documents and any additional information before issuing a divorce decree.
Vermont Divorce Decree
A Vermont divorce decree is a legal document issued by a Superior Court judge, signaling the final dissolution of a marriage. Typically, this multi-page document contains the agreement terms between the divorcing parties and the court's verdict on the divorce. It covers an array of essential details such as child care arrangements, child custody agreements, alimony or spousal support specifications, division of property, allocation of assets and debts, visitation rights, and potential name changes. It's important to note that Vermont law stipulates a three-month waiting period, referred to as a nisi period, following the final hearing before the divorce decree becomes official. However, this nisi period can be waived if both parties mutually agree to do so. After the expiration of this nisi period, the divorce decree is officially recognized as final. In the state of Vermont, these divorce decrees are meticulously maintained by the Clerk of the Superior Court where the case was concluded. The state also offers an online case search portal that provides accessible online access for members of the public and interested parties to view divorce decrees as an integral part of the comprehensive divorce records maintained by the courts. Additionally, individuals can request in-person divorce decrees at courthouses in other jurisdictions.
How to Find and Access Vermont Divorce Records
The Vermont Department of Health is responsible for maintaining and issuing divorce certificates to parties in a divorce. Parties in a divorce can order certified and non certified divorce certificates from the state's Department of Health online.
Requests for other divorce records like case files and divorce decrees in the state must go through the Superior Court. Divorce records from the Superior Courts can be viewed or obtained via offline access or online access.
Offline Access
To obtain divorce records from the Vermont Superior Courts through offline channels, visit the office of the Clerk of the Superior Court in the county where the divorce decree was finalized. Remember that there may be associated fees and specific criteria must be met to access these records. Therefore, reaching out to the Clerk's Office before your visit is advisable to ensure that you have all the necessary documentation and understand the required procedures.
Online Access
Vermont Judiciary offers online access to divorce records via its case management portal. The portal maintains divorce records of cases filed in Superior Courts. To view records, interested persons must create a profile on the portal. Furthermore, certain third-party websites offer access to Vermont divorce records. However, as these sites are not owned or maintained by the Vermont government, some divorce records may be unavailable. Additionally, it cannot be guaranteed that the available divorce records on such sites are valid.
References
- https://www.cdc.gov/nchs/pressroom/sosmap/divorce_states/divorce_rates.htm
- https://portal.vtcourts.gov/Portal
- https://www.vermontjudiciary.org/family/divorce/divorce-process
- https://www.healthvermont.gov/stats/vital-records-population-data/order-vital-records
- https://www.vermontjudiciary.org/court-locations
- https://www.dartmouth.edu/eap/library/Divorce%20in%20VT.pdf
- https://portal.vtcourts.gov/Portal