Uncontested Divorce in Vermont

Divorce Papers > Uncontested Divorce > Uncontested Divorce in Vermont

Divorce is a complicated and stressful task. The burden of this task is greatly relieved if the divorcing partners agree with each other on solving the major issues of divorce and opt for an uncontested action. However, one should realize that this sort of divorce also involves filing and submitting a variety of forms in the court. In this fast age, when people are too busy with their professional life, this type of divorce provides relief to the couples as they need not run frequently to the court for attending the trial sessions. It is interesting to know that most of the divorce cases in the US are uncontested. All the states have laid down divorce laws that address various issues faced by the divorcing couple. The same is true about Vermont state. Here we provide you a glimpse of an uncontested divorce in Vermont so that you can gather the essential documents and prepare for a divorce.

Some key point to note

• In order to file for an uncontested divorce, either partner needs to be a resident of Vermont for a period of minimum 6 months before the divorce action begins
• Divorce action is filed in the Family Court of any county where either partner lives
• The state laws define the following grounds-
• • No-fault grounds
  • • Living separate and apart for a continuous period of 6 months
  • Fault grounds
  • • Gross neglect
    • Adultery
    • Mental illness that is not curable
    • Imprisonment for a period of three years or more
    • Cruelty and inhuman treatment of intolerable severity
    • Willful desertion for a period of seven years

Forms needed for Uncontested Divorce cases without children

• Proposed Final Order: It is inclusive of the separation agreement
• Final Divorce Stipulation
• Form 813, Affidavit of Income and Assets: This furnishes the economical data regarding the divorcing partners
• Affidavit of Military Service: This is used to endorse that the Defendant does not have any protection under the Service members Civil Relief Act
• Health Department Vermont Record of Divorce or Annulment: This form is utilized for statistical record purposes
• Form 835, Summons, Complaint for Divorce and Notice for Appearance
• Form 800, Cover Sheet: This is used to identify both of the parties in the action

Forms needed for Uncontested Divorce cases with children

All the above mentioned forms that are essential for a divorce without children are also to be used for a divorce with children. Some additional forms are necessary and these are as follows -

• Form 802, Child Support Order, Page 1
• Affidavit of Income and Assets: The economical data that is essential for deciding the payment towards child support is entered in this 17 page form
• Form 836: Complaint for Divorce, Summons and an Affidavit of Child Custody

Ways of serving the Defendant in an uncontested divorce in Vermont

• The Plaintiff serves the divorce papers to the Defendant. These divorce papers consist of the Summons, the Complaint and the Notice of Appearance. This is the most frequently employed method and is termed "Acceptance of Service".
• The Defendant has to sign Form 820. This form is returned to the court in a sealed envelope. The method is known as "First Class Mail with Acknowledgement".
• Certified Mail
• TheSheriff or the local constable serves the Complaint and the Summons
• In some divorce cases, the Defendant cannot be located even after a diligent search. Further, the divorce is declared in the newspaper through a notice. It is expected that the Defendant might read this notice
• Any of the above ways are used within the state

The divorce hearing

When all the requirements of time and paperwork are met with, the court plans the date and time of a divorce hearing. If the divorce does not involve children, then the divorcing couple must agree on alimony, distribution of liabilities and assets at the hearing. The agreement between the divorcing partners is produced in written form as the Final Stipulation.

If the divorce case involves children, then in addition to the above issues, the divorcing couple must agree with each other on visitation, child custody and child support.

Thus we can conclude that you have to file a number of forms even when you are opting for a relatively simpler form of divorce. Try to resolve as much issues as possible as this will not complicate the matter. Treat your uncontested divorce in Vermont as a phase that will bring good things for you and your children in the future.

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