Understanding Marriage Annulment in Vermont

An annulment, under Vermont law, is a formal declaration that a marriage is null and void, as if it had never occurred. In contrast to a divorce in Vermont, an annulment declares that the marriage was never valid from the start and completely nullifies it. Divorce, on the other hand, acknowledges a valid marriage occurred but has now ended. While they are the two ways provided to end a marriage in Vermont, they follow distinct legal requirements.

The purpose of an annulment in Vermont is to settle situations in which a marriage does not satisfy the state's legal requirements for a lawful union (15 V.S.A. § 512). In Vermont, civil marriages may be annulled if one of the parties was under 16, did not have the mental or physical competence to get married, or gave their permission under duress or deception.

Following an annulment, the Vermont Family Court issues a Decree of Nullity, which officially restores both parties to single status as if the marriage had never taken place. The court still has the power to decide issues like custody, visitation, child support, spousal maintenance, and property division if the dissolved marriage produced a child.

Grounds for Annulment in Vermont

According to 15 V.S.A. § 511(a), the grounds upon which Vermont courts grant annulment fall into two categories: void and voidable marriages. In Vermont, void marriages include bigamy, where either party is still legally married to another person, and consanguinity or affinity leading to incestuous marriages between close blood relatives. These marriages are typically deemed invalid from the start, regardless of whether an annulment is sought.

Vermont courts also give annulments for voidable marriages, which are initially legitimate but can be dissolved for specific reasons. 15 V.S.A. § 512-516 defines the grounds:

• Underage Marriage: Under § 513, if one or both spouses were under the age of 16 at the time of marriage, an annulment complaint can be brought by the parent or legal guardian, or another person the court permits to act on the minor's behalf as a "next friend".
• Mental Incapacity: One party's inability to consent to a marriage due to mental disease, intellectual disability, intoxication, or drug use (§ 514(a-d)).
• Physical Incapacity: The aggrieved spouse may pursue an annulment against the alleged impaired spouse within two years of the marriage ceremony.
• Fraud or Force: A civil marriage can be annulled if one spouse consented through force or deception (15 V.S.A. § 516). The afflicted spouse, their parent or guardian, or a relative with a legitimate interest may file the complaint. However, the marriage cannot be annulled on these grounds if the couple voluntarily lived together as spouses before the action began.

Eligibility Requirements for an Annulment in Vermont

In Vermont, either spouse may seek an annulment if the jurisdictional conditions are met. According to 15 V.S.A. § 592, at least one spouse must have lived in the state for six months prior to filing. If the marriage took place in Vermont and there are valid reasons for annulment, the court may still consider the matter, even if neither party resides there.

In addition to the residency requirement, Vermont law sets specific time limits for filing an annulment, depending on the grounds for annulment. The following filing deadlines are stated in Title 15 of the Vermont Statutes Annotated:

• Underage Marriage (15 V.S.A. § 513): A complaint can be brought until the parties achieve legal age, unless they choose to cohabit later.
• Mental Incapacity (15 V.S.A. § 514): The action can be brought at any moment during the person's lifetime, unless the individual regains capacity and continues to live with the spouse. The petition for
• Physical Incapacity (15 V.S.A. § 515): must be filed within two years following marriage.
• Consent Obtained under Force or Fraud (15 V.S.A. § 516): An annulment can be obtained at any time, unless the couple lived together willingly prior to filing the petition.

Vermont Family Court has exclusive jurisdiction over marriage annulments, even where the marriage was religious or civil in nature. For a marriage to qualify for annulment, it must be officially registered with the state. While couples may marry through religious ceremonies, state registration remains essential for legal recognition. Even marriages conducted solely through religious institutions must be registered as civil marriages to be considered valid in the state of Vermont.

How to Get a Marriage Annulled in Vermont

In Vermont, annulment cases are handled through the Family Court. While procedures may vary slightly by county, the general process includes the following steps:

• Draft and file the Petition: Parties seeking annulment can begin by creating a Summons and Complaint for Annulment form. The complaint must specify the circumstances and grounds for annulment, as well as whether there are any children or property involved.
• Serve Other Party: The petitioner must arrange for the Summons and Complaint to be legally served upon the respondent spouse. After service, the respondent has 21 days to provide a written response to the court. If the respondent does not respond in time, the case may proceed by default.
• Court Hearing: The court reviews the complaint to determine if sufficient legal grounds exist. If children are involved, custody and support may be resolved as part of the decree.
• Final Decree of Nullity: If the judge is satisfied that legal grounds exist, the court signs a Decree of Nullity of Marriage, which is the official annulment order. The decree serves as conclusive evidence that the marriage was invalid. Once entered, the parties are legally single.

If the annulment is uncontested, it may be resolved in a matter of months. Contested cases can take longer, depending on court backlog and complexity. Also, unlike divorce, which has a 90-day period, Vermont law does not impose a mandatory waiting period before an annulment can be finalized.

Required Forms and Documentation for an Annulment in Vermont

Individuals filing for annulment require the standard family court forms, which include:

• Complaint for Annulment form: The complaint sets out the marriage details and grounds for annulment.
• Summons: This official court document notifies the respondent of the action and their obligation to respond within the specified timeframe.
• Financial Affidavits: If the annulment involves property division, support issues, or children, both parties must complete detailed financial affidavits disclosing income, assets, debts, and expenses.
• Supporting Evidence: Any document supporting the annulment ground, like medical records for incapacity, police reports for fraud, a death certificate, bigamy, etc., should be gathered.

All forms can be found on the Vermont Judiciary website or obtained from any Family Division court clerk. It is advised to consult with the court clerk to ensure the correct versions.

Where to File for an Annulment in Vermont

Annulment petitions in Vermont are filed with the Family Division of the Superior Court, which was formerly known as the Family or District Court. The petition must be submitted in the county where either spouse resides. According to 15 V.S.A. § 592(a), the filing spouse must have lived in Vermont for at least 6 months before filing for annulment.

In cases where neither of the spouses resides in Vermont, 15 V.S.A. § 592(b) allows filing in the county where the marriage certificate was issued. After the petition is filed, the court clerk schedules the case and forwards the necessary paperwork to a judge for review.

Filing practices may differ slightly by location, and some courts may require or recommend filing by appointment. However, several Vermont courts now offer electronic filing options through the Vermont Judiciary’s online portal, although paper filing remains available.

Annulment Timelines and Waiting Periods in Vermont

Vermont law does not impose a mandatory waiting period for annulments, unlike the 90-day requirement for divorces. However, practical timelines are built into the process through procedural requirements. After filing, the respondent must be served and given time to respond (21 days), and court scheduling often creates inherent waiting periods between filing and hearing dates.

Several factors can speed up or delay annulment proceedings in Vermont:

Expediting factors:

• Agreement between parties on all issues
• Complete and accurate filing
• Prompt availability of evidence and witnesses
• Cases without children or significant assets
• Representation by attorneys who manage the case efficiently

Delaying factors:

• Difficulty locating or serving the respondent
• Inaccurate paperwork
• Court calendar congestion
• Contested grounds requiring extensive evidence
• Appeals or motions requiring judicial resolution

Costs and Court Fees for an Annulment in Vermont

The court filing fee for an annulment in Vermont is $295.00, and is to be paid to the Superior Court clerk. If the annulment complaint is filed with a stipulation (agreement) for a final order and at least one party resides in Vermont, the reduced fee is $90.00. When neither party is a Vermont resident, the cost is $180.00. If the stipulation is later rejected by the court or the case becomes contested, the filing party must pay the remaining balance before a final order is issued.

The state allows fee waivers for individuals who cannot afford court costs. Under Vermont Rules of Civil Procedure Rule 3.1, a party may request “in forma pauperis status”, which permits the waiver of all or part of the filing fee based on financial hardship. The court clerk determines eligibility according to guidelines established by the Vermont Supreme Court.

Additional expenses may include service of process fees for delivering legal documents and witness fees, typically $30 per day for court appearances. Attorney fees are not fixed by statute and may vary depending on case complexity. However, self-representation is allowed in Vermont Family Courts, which can substantially reduce costs, particularly for uncontested annulment cases.

After the Annulment: What Happens Next?

Once the judge signs the Decree of Nullity, both parties become legally single, confirming that the marriage never legally existed. The decree serves as conclusive evidence of invalidity in all legal contexts. Neither of the spouses has continuing marital duties, and both are free to remarry. The marriage license and certificate remain on file for record purposes, but they don’t have any legal effect.

Also, Vermont courts do not award spousal support since no valid marriage existed. Children born or adopted during the annulled marriage remain legitimate. Custody and support are determined using the same standards as in divorce, focusing on the child’s best interests.