Vermont Divorce Definitions

This collection of definitions will help clarify some unique characteristics to the Vermont Divorce laws, process and paperwork which is filed with the court.

Filing Party Title:
Plaintiff

The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title:
Defendant

The spouse who does not initiate the Divorce with the court.

Court Name:
State of Vermont, Family Court, _____________ County

The proper name of the court in which a Divorce is filed in the state of Vermont. Each jurisdictional court typically has a domestic relations or a family law department or division.

Child Support Enforcement Website:
http://www.ocs.state.vt.us

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Complaint for Divorce

The title and name of the legal document that will initiate the Vermont Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document:
Decree of Divorce

The title and name of the legal document that will finalize the Vermont Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
County Clerk’s Office of the Family Court

The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

The grounds for legal separation (divorce from bed and board) are: (1) living separate and apart without cohabitation for 6 months; (2) adultery; (3) imprisonment for 3 years or more or for life; (4) willful desertion for 7 years; (5) cruel and inhuman treatment of intolerable severity; (6) incurable mental illness; and (7) gross neglect. Either spouse must be a resident of Vermont for 6 months before filing for legal separation. [Vermont Statutes Annotated; Title 15, Sections 551, 555, and 592].

Property Distribution:
Equitable Distribution

The applicable Vermont law that will dictate how property and debt is to be divided upon Divorce.