Are Divorce Records Public in Vermont?
Divorce records in Vermont are public records. Members of the public can access, view, and copy such records except for those sealed by court order. Copies of divorce records can be requested by anyone who provides enough information for the record search and pays all applicable fees.
To receive a divorce record, a requester will need to provide the following information about the record:
- Names of both divorced parties on the record, including maiden names (if applicable)
- Date the divorce was finalized
- The location where the divorce was filed
Sealed divorce records are divorce records removed from public access. Only a court can seal a divorce record in Vermont. Sealed divorce records are not readily available to members of the public.
To seal divorce records in Vermont, both parties involved must file a motion in the Family Court where the divorce case was heard. Usually, this is done before the final judgment is issued and the case becomes public record. Both parties to the divorce must be in agreement on this. If one party disagrees with the motion, the court is unlikely to grant the order. After the motion is filed, it will be reviewed by a judge. Motions to seal records are not granted by default. The parties seeking a motion to seal their records must provide cogent reasons that justify their privacy concerns. Justifiable reasons to have divorce records sealed include:
- Protecting the identities of underage children
- Protecting victims of domestic violence or abuse
- Keeping sensitive information such as social security numbers and bank account numbers private
- Protecting proprietary business information
- Prevention of false allegations that could be considered libelous
This motion is more likely to be granted if it seeks only to withhold specific portions of the record related to the subjects’ privacy concerns. Vermont courts are unlikely to seal all divorce records.
If the motion is granted, the parts of the record identified by the divorced parties will be redacted and removed from public access. Third parties may only access redacted and sealed divorce records with valid court orders authorizing access to those parts of the records.
Note: There are basically three types of divorce documents, each presenting a range of information. These are divorce records, divorce decrees, and divorce certificates.
What is a Vermont Divorce Record?
A Vermont divorce record is the complete collection of all the documents that were filed during the proceedings leading to the termination of a civil marriage in Vermont. This is the divorce’s complete case file and includes motions, orders, assessments, reports, and injunctions produced during the trial as well as the final divorce decree. Vermont Family Courts maintain complete divorce records.
Divorce records are considered court records. They may, therefore, be searched on third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
What is a Vermont Divorce Certificate?
A Vermont divorce certificate is a vital record that validates the dissolution of a marriage between the two persons named on the certificate. It typically contains basic information about the divorce, which include:
- Names of the two people getting the divorce
- Date of the divorce
- Location of the divorce
How Do I Obtain a Vermont Divorce Certificate?
Certified copies of Vermont divorce certificates for divorces that occurred from 2014 to the present can be ordered from the Vermont Department of Health (VDH). To order certified copies of a Vermont divorce certificate, complete an Application for Certified Copy of Vermont Marriage or Divorce or Civil Union Dissolution Certificate form. Each certified copy of a Vermont divorce certificate costs $10.
A mail request for this vital record should include a copy of the requester’s government-issued photo ID and a check or money order for the total number of copies payable to the Vermont Department of Health. Send the request to:
Vital Records Office
Vermont Department of Health
P.O. Box 70
Burlington, VT 05402
To order copies of a Vermont divorce certificate, visit the customer service window at the VDH between 7.45 a.m. and 4.30 p.m., anytime from Monday to Friday. An applicant making their order in person should come along with proper identification and the complete fee in cash, as a check, or as a money order (payable to the Vermont Department of Health). Make an in-person request at:
Vital Records Office
108 Cherry Street
Burlington, VT 05402
For divorces in Vermont that occurred prior to 2014, order certified copies of divorce certificates from the Vermont State Archives and Records Administration. Orders can be submitted online using the Vital Records Request Service or by mail. For mail orders, complete the VSARA-09 request form and send it with the complete fee and a self-addressed stamped envelope to:
Vermont State Archives and Records Administration
1078 U.S. RTE 2
Middlesex
Montpelier, VT 05633-7701
**Note:**Processing a Vermont divorce certificate begins when one party initiates a divorce proceeding. The certificate will be part of the documents filed with the court and will be retained by the court until the conclusion of the divorce proceedings. When the decree becomes final, and the final order is issued, the Clerk of the Court will sign the certificate and send it to the Vermont Department of Health for filing.
What is a Vermont Divorce Decree?
A Vermont divorce decree is the final judgment of a divorce case held in the state. This legal document is prepared by a Family Court in Vermont and given to both parties in a divorce at the conclusion of the trial. It is the final order in the case. A divorce decree provides the details about the agreed-upon settlement of a divorce. It describes:
- Spousal maintenance payments
- Division of property, assets, and debts
- Parental rights and responsibilities
- Parent/child visitation rights and schedules
A divorce decree is legally binding and enforceable in Vermont. This document is retained by the Clerk of the Family Court in the county where the divorce was filed.
How Do I Obtain a Vermont Divorce Decree?
A Vermont divorce decree is retained by the Family Court division of the Superior Court, which heard the divorce case. At the conclusion of the divorce case, both parties will sign an acceptance of service form for the final order (divorce decree). The acceptance of the service form will be returned to the court, and both parties will receive the final order or divorce decree.
To obtain copies of a Vermont divorce decree thereafter, contact the Clerk of the Family Court, which issued the final order of the divorce.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How to Find Out if Someone is Divorced in Vermont
An individual about to enter a relationship with someone might want to find out if the person has been previously married. Here is how to find out if someone is divorced in Vermont:
- Use the Vermont Vital Records Request Service tool available on the State Vital Records website to obtain a certified copy of the person’s divorce records online.
- Send a completed Application for a Certified Copy of Vermont Marriage or Divorce or Vital Records Office Civil Union Dissolution Certificate form by mail to the Vital Records Office if the divorce occurred from 2014 to date.
- Mail a completed Certified Copy of a Marriage/Civil Union or Divorce Record form to the Vermont State Archives and Records Administration (VSARA) if the divorce occurred before 2013.
- Obtain a noncertified copy of the person’s divorce records by sending a written request via email to vitalrecords@vermont.gov or mail to the Vital Records Office.
- Order certified and noncertified copies of the person’s divorce records from the Town/City Clerk where the divorce occurred.
Anyone can search for divorce records in Vermont because they are public records. The kind of information that can be accessed after making a divorce records request is the full names of the divorcing parties and the place and date the divorce occurred. Note that certified copies of divorce certificates typically cost $10 per certificate, while uncertified copies are available at no cost.
How to Find Public Divorce Records Online
A record seeker can use the online tool available on either the Vermont Department of Health Vital Records Office or State Archives and Records Administration websites to find public divorce records online. A record seeker who wants to use this online tool must be willing to provide the following information:
- Applicant information, including first and last name, date of birth, mailing address, city, postal code, email, daytime phone, identification type, number, and expiration date.
- Certificate information
- Confirmation & shipping details
After providing the necessary information, the record seeker can make payments. A certified copy of divorce records costs $12.00, but expedited shipping costs an additional $14.50. Alternatively, record seekers can search for divorce records in Vermont on third-party or private aggregate databases. They must be able to provide specific details about the record holder to conduct a search. A divorce record search via third-party sites usually comes at a small cost, and the information retrieved from such sites cannot be used for official purposes.
How Do I Obtain a Vermont Dissolution of Civil Union Certificate
Civil unions existed in Vermont between July 1, 2000, and September 1, 2009, to accommodate same-sex couples and afford them the rights, benefits, and responsibilities bestowed on married individuals in Vermont. Following the legalization of same-sex marriages, civil unions were discontinued. Pre-existing civil unions are still recognized in Vermont and can be dissolved in court. Records of such dissolutions are also available.
Order certified copies of the dissolution of civil union certificates from the Vermont State Archives and Records Administration. Complete an Application for a Certified Copy of Vermont Marriage or Divorce or Civil Union Dissolution Certificate form and mail it to:
Vermont State Archives and Records Administration
1078 U.S. RTE 2
Middlesex
Montpelier, VT 05633-7701
Does Vermont Recognize Common-Law Marriage?
Vermont does not Recognize Common-Law Marriage. Only legal marriages are recognized in the state. Couples who wish to marry legally in the state or convert their common-law arrangement to a legal marriage must meet the state's marriage law requirements, which include:
- Couples must present their birth certificates and license fees to the court.
- Couples must be of marriageable age (18 years), with a minimum age of 16 (with approval of parents or guardians).
The license is valid for 60 days. Unless the couple is arranging a religious ceremony, witnesses are not necessary.
Vermont Dissolution of Marriage Records
Dissolution of marriage records refers to the legal or formal ending of civil marriages. The marriage dissolution process involves filing the necessary original divorce papers with the Family Division of the Superior Court in the county where any of the divorcing parties live. A final hearing must be attended, and the judge will sign the final order. The dissolution of marriage records will be finalized 60 days after the final hearing. In Vermont, dissolution of marriage and divorce are used interchangeably.
How to Find Dissolution of Marriage Records in Vermont
Record seekers can find dissolution of marriage records in Vermont at the State Department of Health Office and State Archives and Records Administration Office. Certified copies of dissolution of marriage records can be obtained online, in person, or by mail. Uncertified copies can be requested by email at vitalrecords@vermont.gov or in person at the Vital Records Office. Alternatively, record seekers can order certified and noncertified copies of dissolution of marriage records from the Clerk of the town/city where the marriage dissolution occurred.
How to Get Divorce Papers in Vermont
A person can get divorce papers in Vermont by visiting the Family Division of the Superior Court in their county or the spouse’s county. Alternatively, original divorce papers can be downloaded online from the Vermont Judiciary website. It is the Court that drafts and prepares divorce papers in Vermont. A plaintiff can serve divorce papers themselves through a sheriff/constable, publication, certified mail, or first-class mail.
How to Find Divorce Papers Online
Individuals can find divorce papers online by visiting the Vermont Judiciary website. Here is how to find divorce papers online in Vermont:
- Click on the menu icon on the Vermont Judiciary website
- Click on the “Family Division” menu from the dropdown
- Scroll down and click on the “Divorce” menu
- Scroll down to download all the necessary divorce papers needed to file a divorce in Vermont
Interested persons can contact the Family Division of the Superior Court in their county to get more information on how to find divorce papers online.
