Vermont Divorce Procedures

In this state, the divorcing partner who files for divorce is named as the Plaintiff. The divorcing partner who is served is called as the Defendant. The divorce action is filed in the Family Court that lies in the county of residence. If the divorcing partners wish to file for divorce in the absence of lawyers, then, the Family Courts offer the Pro Se Education Class.

Forms required during Vermont Divorce Procedure

If a couple without children apply for an uncontested divorce, then, the following forms have to be filed.

• Proposed Final Order, inclusive of the Separation Agreement
• Final Divorce Stipulation
• Affidavit of Income and Assets (Form 813): This document provides financial information regarding both the partners
• Affidavit of Military Service: This document certifies that the Defendant is not protected under the Servicemembers Civil Relief Act
• Health Department Vermont Record of Divorce or Annulment: The intent of this document is statistic records
• Summons, Complaint for Divorce and Notice of Appearance (Form 835)
• Cover Sheet (Form 800): This is used for identification of the parties in the divorce action

If a couple with children apply for an uncontested divorce, then, all the above mentioned forms as well as the following forms have to be filed.

• Child Support Order, page 1 (Form 802)
• Affidavit of Income and Assets: This is a 17 page form. The court utilizes this form to gain financial information for finalizing the child support payments
• Summons, Complaint for Divorce and an Affidavit of Child Custody (Form 836)

Methods of Service in Vermont Divorce Procedure

• The Plaintiff delivers the Complaint, the Summons and the Notice of Appearance personally to the Defendant. This method known as Acceptance of Service is the most frequently used
• First Class Mail with Acknowledgment: The Defendant signs a Form 820 and returns it to the court in a prepared envelope
• Certified Mail: This involves a return receipt
• The local constable or the Sheriff personally serves the Complaint and the Summons to the Defendant
• When the Defendant cannot or will not be traced, the method of Publication is used. The Plaintiff declares the divorce through a notice in a local newspaper for about 3 weeks. It is expected that the Defendant might come across this notice
• If the Defendant resides outside the state, then any of the above methods can be used. Additionally, there is a signed affidavit of the person who delivers the papers regarding certification of the delivery

Although, any of the above methods may be pursued, the green card from the Post Office, the Return of Service, the Acknowledgement of Service or the Acceptance of Service must be directed to the clerk of the family court by the Post Office, the Sheriff, the Defendant or the Plaintiff.

After reading the Summons, the Defendant understands that there are 20 days to provide an Answer to the Complaint. Along with the Answer, the Defendant possesses the right to file a Counterclaim. If a Defendant does not file an Answer, the court awards the Plaintiff a default judgment.

Divorce Papers