Vermont Divorce Records

According to the Centers for Disease Prevention and Control, Vermont's divorce rate mirrors the U.S. average. The data shows that the national and Vermont divorce rate stands at 2.4 divorces per 1,000 people.

Vermont divorce records comprise various documents generated when a Vermont marriage is legally dissolved. Per Vermont Statutes, divorce may be granted on a fault basis or a no-fault basis. In no-fault grounds for divorce, there is no need to prove misconduct or gather evidence of fault to get divorced. The couple may specify irreconcilable differences to be granted a divorce. Vermont grants a fault-based divorce solely on adultery.

The average cost of a Vermont divorce is around $9,090 per person, just slightly below the national average of $9,969. However, the total divorce costs quickly increase when other factors, such as court filing fees, attorney fees, mediation fees, and financial advisor charges. In addition, the divorce cost varies significantly depending on whether the divorce is contested or uncontested.

Are Divorce Records Public in Vermont?

Under the Vermont Public Records Act, divorce records are generally public. Per the Statute, once a divorce is registered, its record becomes a public vital record, and anyone may request a certified copy of the document. Persons ordering the document do not have to prove legal interest in the document to obtain the record.

Therefore, the general public may access parties' full names, case numbers, date of divorce, court location, grounds for divorce, and property and debt division orders. In addition, requesters may access spousal support orders, child custody findings, docket entries, and the judge's conclusion of the law on any Vermont divorce record.

However, although the state permits public access to Vermont divorce records, not all information on the document is open to the public. Detailed parenting plans, custody evaluation reports, medical and mental health records, and financial affidavits showing account numbers or balances are restricted from the public. Similarly, minor children's identifiers, domestic violence details, and in-camera court draft information are publicly unavailable.

What Is Included in Vermont Divorce Records?

The Vermont divorce records comprise all official documents created when a Vermont marriage is legally dissolved. They fall into three main categories:

• Divorce Certificates: A divorce certificate is a one-page document created by the Clerk of Superior Court and forwarded to the state Department of Health when a decree of divorce is entered. Divorce certificates contain the full names of both parties, the date of divorce, the divorce location, the case number, the judge's signature, and the court seal.
• Divorce Decrees: The divorce decree is the written order officially ending the marriage and specifying the dissolution terms. The document details the rights and responsibilities of each spouse following the divorce. The document contains case information, findings of fact, parental agreement, financial orders, property and debt division, spousal maintenance, and child-related order information. In addition, divorce decrees hold information on the division of retirement benefits, notice of appeal rights, the judge's signature, and the court seal.
• Divorce Case Files: The divorce case files are the entire documents associated with the divorce, from the initial petition through any post-judgment motions. Divorce case files may contain petitions for divorce, summons, pleadings, answers and counterclaims, financial disclosures, evidence, motions, and orders. In addition, divorce case files may include parenting evaluations, mediation records, trial materials, final decree and exhibits, and post-judgment motions.

How Do I Find Vermont Divorce Records?

Vermont divorce records are typically accessible at the Department of Health, Vital Records Division, and the Family Division of the Superior Court. Divorce records are considered vital records and are required for various life events, including:

• Changing your legal name after divorce
• Proof of marriage ending for family-based petitions or naturalizations during immigration processes
• Enforcement of support or custody orders
• Verify ownership interests in real estate before refinancing or transferring title
• Updating beneficiary designations for insurance or pension benefits
• Background checks during employment
• Providing legal proof of divorce when applying for a marriage license

Look Up Vermont Divorce Certificate

Persons interested in certified copies of Vermont divorce certificates may look up the document at the Vermont Department of Health's Vital Records Office and the Vermont State Archives and Records Administration. Persons ordering Vermont divorce certificates issued from 1909 through 2021 may complete the Certified Copy of Divorce Record form, while persons obtaining divorce certificates issued from 2023 to the present may order the document by completing the Application for a Certified Copy of Vermont Divorce Certificate form.

Mail the record request from 1909 to 2021 to:

Send the requests for certified copies of Vermont divorce certificates issued from 2023 to date to:

Generally, all requests for Vermont divorce certificates may include a copy of a valid government-issued photo ID, a self-addressed, stamped envelope, and the fees. It costs $10 to order a divorce certificate in Vermont.

Look Up Vermont Divorce Decree

You may look up certified copies of the Vermont divorce decree at the Family Division of the Superior Court in the county where the divorce was granted. To obtain the document, requesters may complete the Request for Access to Court Record form. You may request the document by email, mail, or in person at the courthouse.

Provide relevant information to locate the document, including the case number and full names of both spouses. It costs $5 to obtain a certified copy of the Vermont divorce decree.

Look Up Vermont Divorce Court Records

Vermont divorce court records are typically accessible at the Family Division of the Superior Court in the county where the divorce was granted. To access the court records, interested persons may complete the Request for Access to Court Records form and check the "Entire File" box on the form. Divorce court records documents are provided at $0.25 per page. You may send in the request by mail, email, or in person at the courthouse.

Additionally, record seekers may access divorce court records online using the Vermont Judiciary Public Portal. Select the Public Portal button and input the case number or case name to access the divorce court records.

Can You Seal Divorce Records in Vermont?

Yes. Per state law, Vermont divorce records are public records. However, record holders may petition the court to seal parts of the divorce records. To seal the record, file a motion with the courthouse where the divorce was finalized. The party applying to seal the record may demonstrate "good cause", such as protection from harassment or child safety, why the divorce records may be sealed. After filing, notify the non-filing spouse of the intention to seal the divorce record.

A judge reviews the motion and may hold a hearing. If granted, the court issues an order directing clerks to restrict access. However, not all parts of a divorce record are sealed, even if the motion is granted. The courts typically seal information, such as children's identities, custody arrangements, medical and educational records, domestic violence affidavits, mental health evaluations, and financial account information. However, information such as parties' names, divorce dates, case numbers, grounds for divorce, and docket information may not be sealed.

How Long Does a Divorce Take in Vermont?

Regardless of whether a divorce is contested or uncontested, Vermont law imposes a 90-day "nisi" period, a statutory waiting period, after the judge enters the final decree before the divorce becomes final. While contested divorce may typically be finalized within 3 months, contested divorces may take much longer, extending over a year.

Does Vermont Require Separation Before Divorce?

For persons seeking a no-fault divorce, there is a 6-month mandatory separation period, during which the couple must have lived apart before filing for the divorce. However, if the divorce is filed on the grounds of adultery, the period of separation is not required.

How Are Assets Split in a Vermont Divorce?

Vermont follows the equitable distribution model when dividing assets and debt following the divorce of a couple. Per state law, under the equitable division of assets, all marital property may be split fairly but not equally. Marital property in the state refers to anything acquired or earned during the marriage and is subject to a fair but not 50/50 split. However, any property acquired before the marriage, or a gift or inheritance received by one spouse, is subject to splitting when the marriage ends.

According to state law, Vermont courts consider all relevant factors when dividing marital property following a divorce. They include:

• The length of the marriage
• The age and health of the parties
• The current earnings and earning history of both spouses
• The education, training, job skills, and custodial responsibilities of both parties
• The contribution by one spouse to the education, training, or increased earning power of the other spouse
• The value of all liabilities, property interests, and the needs of each party
• The lifestyle of both parties and the decisions made throughout the marriage
• The needs of their minor children

Who Gets Custody of a Child in Divorce in Vermont?

When considering child custody following a divorce, Vermont law prioritizes the child's best interest, taking into consideration the child's relationship with each parent, ability to provide basic and emotional needs for the child, parental cooperation, evidence of abuse, and the child's stability post-divorce.

To this end, the state divides custody into two components: Legal custody -decision-making authority, and physical custody- placement/parenting time. Within these, the courts award one of these three custody structures:

• Shared Parental Rights and Responsibilities: In shared parental rights and responsibilities, both parents share decision-making equally. They must consult and agree on major decisions. If there is conflict, the court may require mediation. In addition, both parents have equal shared physical custody of the child.
• Allotted Parental Rights and Responsibilities: Vermont courts allocate specific decision-making rights to one parent and others to the other in an allotted parental custodial arrangement. For instance, one parent controls healthcare decisions, while the other makes educational decisions. However, for living arrangements, one parent is designated the primary residential parent, where the child resides most of the time. The other parent gets limited residential parenting time. In allotted parental rights and responsibilities, the primary residential parent bears a larger share of the living expenses of the child.
• Sole Parental Rights and Responsibilities: Here, the court grants all legal, parental, and physical responsibilities to one parent. This parent has sole authority to make decisions, including education, medical treatment, or religious upbringing. The noncustodial parent has no right to object or participate in these decisions. Sole parental rights and responsibilities are granted when parents cannot agree on sharing and where there is evidence of abuse, neglect, or incapacity. The noncustodial parent typically has minimal visitation rights and may be supervised during visitations in a safe environment, especially if the courts deem the visit threatens the child's safety.