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In the State of Vermont, navigating through the complexities of family law demands precision and clarity, especially when it concerns the division of property and assets during legal proceedings such as divorce, civil union dissolution, legal separation, or annulment. The Vermont 813B Form, a pivotal document within this legal framework, serves as a comprehensive financial affidavit required from parties involved in cases with minor children, or upon the court's request or at the other party's behest during the discovery process. This form meticulously outlines the necessity for parties to disclose a broad spectrum of assets—from real estate, personal property, and vehicles, to bank accounts, investments, retirement accounts, and even life insurance policies. Moreover, it demands transparency concerning the transfer or sale of assets within the last year, aiming to prevent the concealment of financial information that could affect equitable distribution. Crucially, the form must be filed promptly—either before the first case manager's conference or at least five days before the first court hearing, ensuring both parties have equitable access to financial disclosures. The stipulation that a completed form be shared with the opposing party concurrently with its court filing underscores the emphasis on fairness and transparency inherent in Vermont's family law proceedings. With its detailed instructions and the requirement for notarization, the Vermont 813B Form plays a critical role in ensuring that financial affidavits are both comprehensive and accurate, thereby facilitating fair resolutions in emotionally and financially taxing circumstances.

Preview - Vermont 813B Form

 

 

 

STATE OF VERMONT

 

SUPERIOR COURT

FAMILY DIVISION

 

 

Unit

Docket No.

 

Plaintiff

Defendant

Name

DOB

/ /

V.

Name

DOB

/ /

FORM 813 B - FINANCIAL AFFIDAVIT: Property and Assets

I am: (Please check appropriate box)

Plaintiff

Defendant

Other

My Name and Address:

Name

Street

Town/City

State

Zip

INSTRUCTIONS: You are required to complete and file the 813B if-

1.You are a party in a newly filed divorce, civil union dissolution, legal separation or annulment and you and the other party have minor children; OR

2.You are ordered by the Court to complete and file this form or the other party requests that you fill out the form as part of the discovery process.

DEADLINE FOR FILING: This form must be filed with the court before or at your first case manager's conference. If no conference is scheduled it must be filed at least five days before your first scheduled court hearing.

YOU MUST SEND A COPY OF YOUR COMPLETED FORM TO THE OTHER PARTY AT THE SAME TIME THAT YOU FILE IT WITH THE COURT.

When you have completed the form and filled in all the required information, you must sign the Affirmation section below and have your signature notarized.

AFFIRMATION

I have read and filled in all the information requested.

I hereby affirm of my own knowledge that the facts and financial information I have stated are true and correct as of the date of this Affirmation and that I am not omitting any source or amount of income or other information requested on this form. I understand that any false information may constitute perjury by me. I also understand that if I fail to provide the required information or give misinformation, the judge may order sanctions against me.

 

 

 

 

 

Signature of person making affidavit

Sworn to me on

 

 

, 20

 

 

 

 

 

 

 

 

 

 

 

My Commission Expires:

/ / ,20

 

 

Notary Public

 

 

 

 

 

 

 

 

 

 

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SUMMARY OF ASSETS

Please check each box that applies to you or the other party

 

 

 

 

 

 

REAL ESTATE: (primary residence, camps, land, timeshares, etc.)

 

 

 

 

 

I have an interest in (own) real estate either individually or jointly with another.

 

 

Yes

No

The other party has/may have an interest in (own) real estate either individually or jointly with another.

Yes

No

PERSONAL PROPERTY: (furniture, antiques, jewelry, electronics, etc.)

 

 

 

 

I own personal property

Yes

No

 

 

 

 

 

 

The other party owns/may own personal property

Yes

No

 

 

 

 

VEHICLES: (cars, trucks, ATV's, boats, motorcycles, campers, etc.)

 

 

 

 

 

I own vehicles either individually or jointly.

Yes

No

 

 

 

 

 

The other party owns/may own vehicles either individually or jointly.

Yes

No

 

 

 

BANK ACCOUNTS:

 

 

 

 

 

 

 

 

I have bank accounts either individually or jointly.

Yes

No

 

 

 

 

The other party has/may have bank accounts either individually or jointly. Yes

No

 

 

 

INVESTMENTS: (stocks, bonds, mutual funds, trusts, annuities)

 

 

 

 

 

I own investments either individually or jointly.

 

Yes

No

 

 

 

 

The other party owns/may own investments either individually or jointly.

Yes

No

 

 

RETIREMENT ACCOUNTS (IRA, 401 K, pensions, deferred compensation, etc.)

I own retirement accounts. Yes No

The other party owns/may own retirement accounts. Yes No

LIFE INSURANCE POLICIES:

 

 

 

I have life insurance.

Yes No

 

 

The other party has/may have life insurance.

Yes

No

BUSINESSES:

 

 

 

I own or have an ownership interest in a business.

Yes

No

The other party owns/may own an interest in a business.

Yes No

 

TRANSFER/SALE OF ASSETS

Have you or the other party sold or transferred ownership of any asset in the last 12 months?

Yes

No

Have you or the other party withdrawn funds from an account in the last 12 months for a purpose other than

paying normal household expense payments?

Yes

No

If you answered ''Yes'' to either of the above questions, please list asset sold or transferred OR account from which withdrawal was made, amounts received or withdrawn and any expenditure made from amounts received.

YOU MUST COMPLETE THE REMAINING PAGES OF THIS FORM IF YOU ANSWERED ''YES'' TO ANY OF THE QUESTIONS ABOVE. IF YOU ANSWERED ''NO'' TO ALL QUESTIONS ABOVE, THEN YOU DO NOT HAVE TO COMPLETE THE REMAINING PAGES OF THIS FORM.

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SECTION I - REAL ESTATE

 

 

 

Description of Property Including

Market Value

Mortgages, Liens,

Equity

 

 

 

 

Location

 

Attachments

(value minus

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

liens)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Primary Residence:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Second Home:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Camp:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Timeshare:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unimproved Land:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mobile Home:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Residential Rental Real Estate Owned:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commercial Real Estate:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other Real Estate Interests:

 

 

 

 

 

 

 

a.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

e.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL VALUE OF REAL ESTATE

 

 

 

 

 

 

 

 

 

 

INTERESTS

 

 

 

 

 

 

 

IF ANY OF THE ABOVE PROPERTIES GENERATE RENTAL INCOME, YOU MUST EITHER:

1.ATTACH SCHEDULE E FROM YOUR LAST 2 TAX RETURNS

or if you did not file taxes

2.FILL OUT RENTAL INCOME ATTACHMENT (Page 10 of Form 813A)

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SECTION II - PERSONAL PROPERTY

Please list all personal property owned by you and/or the other party. In estimating the market value, please use the amount you could reasonably receive if you sold the item today. Do not use the purchase price or replacement value.

 

Description of Items

 

Market Value

Check if item

Loans/debts

Person paying

 

 

 

 

is in your

on property

on loan/debt

 

 

 

 

possession

 

 

 

 

 

 

 

 

 

 

Jewelry

 

 

 

 

 

 

 

 

 

 

 

 

 

Antiques

 

 

 

 

 

 

 

 

 

 

 

 

 

Artwork

 

 

 

 

 

 

 

 

 

 

 

 

 

Guns

 

 

 

 

 

 

 

 

 

 

 

 

 

Coins/Stamps

 

 

 

 

 

 

 

 

 

 

 

 

 

Tools

 

 

 

 

 

 

 

 

 

 

 

 

 

Collectibles

 

 

 

 

 

 

 

 

 

 

 

 

 

Piano/Musical instruments

 

 

 

 

 

 

 

 

 

 

 

 

 

China/Crystal/Silverware

 

 

 

 

 

 

 

 

 

 

 

 

 

Appliances

 

 

 

 

 

 

 

 

 

 

 

 

 

Electronics

 

 

 

 

 

 

 

 

 

 

 

 

 

Furnishings

 

 

 

 

 

 

 

 

 

 

 

 

 

Computers

 

 

 

 

 

 

 

 

 

 

 

 

 

Other:

 

 

 

 

 

 

a.

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C.

.

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SECTION III - VEHICLES and BOATS

"Market value'' for motor vehicles is the retail value indicated in the NADA Blue Book or other similar price guide.

Title

 

Vehicle Description

 

Market Value

 

Outstanding

Equity

Holder

 

(Year, make, model)

 

 

 

Loan

(Value minus

 

 

 

 

 

 

Amount

Loan)

 

 

Car #1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Car #2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Truck #1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Truck #2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Motorcycle #1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Motorcycle #2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Boat #1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Boat #2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Snowmobile #1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Snowmobile #2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATV #1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATV #2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Camper

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RV

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plane

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other Vehicles:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION IV - BUSINESS OWNERSHIP

 

 

Owner

Name of Business, Type of Business Activity and Legal Structure of Business (e.g. Sole proprietor, Partnership, Corporation, S- Corporation)

%of Interest Owned

Date of last

valuation

Fair Market Value

You Must Attach an 813A Self Employment Attachment or a Schedule C and/or Form K-1 from your last two

(2)federal income tax returns for any business from which you earn or receive income, profits, distributions, in-kind income, etc.

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SECTION V - INVESTMENTS

Owner

Type of Investment (stocks, bonds, annuities, mutual funds, trusts, etc.)

Description

(name of company, fund, bank, trust and trustee etc.)

Number

of

Shares

Market Value

SECTION VI - BANK ACCOUNTS and CASH

Owner

TYPE OF ACCOUNT

Bank

Current Balance

Checking Account #1

Checking Account #2

Savings Account #1

Savings Account #2

Money Market Account #1

Money Market Account #2

Cash in your possession

Tax Exempt College Funds or

Other College Savings accounts

Health Savings Accounts

Other Accounts

SECTION VII - ACCOUNTS/ FUNDS HELD FOR YOUR OR THE OTHER PARTY'S BENEFIT

Trustee or Holder

Name of Beneficiary

Type of Account

Current Value

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SECTION VIII - LIFE INSURANCE POLICIES

Name

Of Insured

Beneficiary

Company

Face Value

Loan

Balance

Cash Value

SECTION IX - RETIREMENT ACCOUNTS

 

ACCOUNT

 

Owner

TYPE

Financial Institution

 

IRA #1

 

 

IRA #2

 

 

401(k) #1

 

 

401(k) #2

 

 

403(b)

 

 

TIAA/CREF

 

 

Keough

 

 

TDSP

 

 

TSA

 

 

Profit Sharing

 

 

Savings &

 

 

Security

 

 

Program

 

 

Deferred

 

 

Compensation

 

 

Other

 

 

Other

 

 

 

 

Value

SECTION X - PENSIONS

Owner

TYPE OF PENSION

Pension Administrator

Value

 

Defined Benefit

 

 

 

 

 

 

 

Defined Contribution

 

 

 

 

 

 

 

Target Benefit

 

 

 

 

 

 

 

Military Pension

 

 

 

 

 

 

 

SEP

 

 

 

 

 

 

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File Overview

Fact Detail
Form Type Financial Affidavit: Property and Assets (Form 813B)
Purpose Used in divorce, civil union dissolution, legal separation, or annulment cases involving minor children or as part of discovery when ordered by the court or requested by the other party.
Filing Requirement Must be filed before or at the first case manager's conference, or at least five days before the first scheduled court hearing if no conference is scheduled.
Notification Requirement A copy of the completed form must be sent to the other party at the same time it is filed with the court.
Content Summary Covers information on real estate, personal property, vehicles, bank accounts, investments, retirement accounts, life insurance policies, businesses, and transfer/sale of assets.
Verification The person completing the form must affirm that all provided information is true and correct to their knowledge and must have their signature notarized.
Governing Law Vermont family law, under the jurisdiction of the Superior Court Family Division.

Vermont 813B: Usage Guidelines

Filling out the Vermont 813B form is a pivotal step for individuals involved in family court procedures, such as divorce or separation, particularly when minor children or complex financial matters are involved. This form requires a thorough declaration of financial assets and liabilities, helping ensure equitable decisions regarding child support, alimony, and asset division. The following guide simplifies the process of completing the form accurately and efficiently, ensuring compliance with court requirements and deadlines.

  1. Identify Your Role: Mark whether you are the Plaintiff, Defendant, or another party involved in the court proceedings.
  2. Provide Your Information: Enter your full name and complete address, including street, town/city, state, and zip code.
  3. Check Applicable Situations: Read the instructions carefully to determine if filling out this form is required for your situation.
  4. Filing Deadline Compliance: Make a note of the filing deadline, which is before or at your first case manager's conference or at least five days before your first scheduled court hearing.
  5. Asset Summary: For the asset summary portion, check the appropriate boxes that apply to you or the other party regarding ownership of real estate, personal property, vehicles, bank accounts, investments, retirement accounts, life insurance policies, businesses, and any asset transfer or sale in the last 12 months.
  6. Section I - Real Estate: Detail any real estate interests, including market value, mortgages, liens, and equity for each property listed.
  7. Section II - Personal Property: List all significant personal property items, their estimated market value, and any associated loans or debts.
  8. Section III - Vehicles and Boats: Describe each vehicle or boat owned, providing market value, outstanding loan amounts, and equity.
  9. Section IV - Business Ownership: If applicable, provide details regarding business ownership, including the name of the business, type of business activity, legal structure, percentage of interest owned, date of last valuation, and fair market value. Attach additional required documents as directed.
  10. Affirmation and Notarization: After thoroughly reviewing and ensuring the accuracy of the information provided, sign the Affirmation section. Your signature must then be notarized to validate the affidavit.
  11. Send and File: Remember, you must send a copy of the completed form to the other party at the same time you file it with the court. Ensure compliance with this step to adhere to court rules and procedures.

By following these steps, you'll provide a comprehensive overview of your financial situation as required for family court proceedings in Vermont. Complete the form with care to support a fair and informed outcome in your case.

Your Questions, Answered

  1. Who needs to fill out the Vermont 813B form?

    The Vermont 813B form must be completed by individuals involved in certain family court proceedings. Specifically, if you are a party in a divorce, civil union dissolution, legal separation, or annulment case and you and the other party have minor children, you are required to fill out this form. Additionally, the court may order you to complete and file this form, or the other party may request you fill it out as part of the discovery process in your case.

  2. What is the deadline for filing the Vermont 813B form?

    This form must be filed with the court before or at your first case manager's conference. If no conference is scheduled, it must be filed at least five days before your first scheduled court hearing. It's crucial not to miss this deadline to ensure the smooth progress of your case.

  3. Do I need to send a copy of this form to the other party?

    Yes, you must send a copy of the completed Vermont 813B form to the other party at the same time you file it with the court. This requirement is part of ensuring that the legal process is transparent and that both parties have access to the same information.

  4. What happens if I provide false information on the Vermont 813B form?

    Providing false information on the Vermont 813B form can have serious consequences. The information you provide is affirmed under oath, and providing false information may constitute perjury. If the court finds out that you have failed to provide the required information accurately or have given misinformation, the judge may order sanctions against you. These sanctions can vary but may include penalties, fines, or having your case dismissed.

Common mistakes

Filling out legal documents can be complex, and making errors is common. When it comes to completing Vermont's Form 813B - Financial Affidavit: Property and Assets, individuals often stumble in the same places. Here's an expanded list of seven mistakes frequently made:

  1. Not checking the right status box (Plaintiff, Defendant, or Other) at the beginning of the form can lead to confusion about who is submitting the affidavit, impacting the clarity and processing of the case.

  2. Entering incorrect personal information (name, address, DOB) might seem minor, but these details are crucial for the court to accurately identify the parties involved.

  3. Skipping the instructions section often results in missed deadlines for filing and sending a copy to the other party, which can delay proceedings or lead to sanctions.

  4. Failing to disclose or inaccurately listing assets such as real estate, personal property, vehicles, and other investments can not only derail the financial investigation but may also lead to accusations of perjury.

  5. Omitting information about recent sales or transfers of assets could be perceived as an attempt to hide financial details, leading to complications or penalties in the case.

  6. Incorrect valuation of property and assets, including real estate, vehicles, and personal belongings is a common issue. It's important to give current market values rather than purchase prices or sentimental values.

  7. Not attaching necessary documents like the last two tax returns for business owners or Schedule E for rental income can result in an incomplete affidavit, causing delays and possible financial disparity in judgments.

In conclusion, when filling out the Vermont 813B form, attention to detail and full disclosure are key. Missing information or inaccuracies can have significant legal implications, possibly affecting the outcome of the case. Always review the form thoroughly before submission to ensure all information is correct and complete.

Documents used along the form

In the context of handling family law matters in Vermont, particularly those involving divorce, civil union dissolution, legal separation, or annulment, the Vermont Form 813B - Financial Affidavit is a crucial document. This form helps to ensure that all financial aspects are transparent and accurately represented. However, to provide a comprehensive view of one's financial situation, several other forms and documents are often used alongside the Vermont Form 813B. Understanding these additional forms can aid in the thorough and effective preparation of your case.

  • Form 813A - Income Affidavit: This form complements the 813B by providing detailed information about the income of both parties. It's crucial for calculating child support and alimony.
  • Schedule E (from tax returns): Required if there is rental income from any real estate owned. It offers a detailed look at income generated from properties, which is essential for a complete financial assessment.
  • Child Support Worksheet: Utilized to calculate the amount of child support based on the parties' incomes, number of children, and other factors in accordance with Vermont's guidelines.
  • Property Settlement Agreement: This document outlines the division of property and debts agreed upon by both parties. It often includes details that were summarized in the 813B.
  • Forms K-1, Schedule C from Federal Income Tax Returns: Necessary for individuals who own a business or are in a partnership, providing insight into the business's earnings and losses.
  • Life Insurance Policies: Documentation regarding life insurance policies is important, especially if they are to be considered either as marital assets or as security for alimony or child support.
  • Retirement Account Statements: These outline the value of retirement accounts, which may be subject to division during a divorce or separation.

Together, these documents play a pivotal role in ensuring the equitable distribution of assets and liabilities, determining child support and alimony, and providing a clear picture of the parties' financial states. It's important for individuals going through such legal processes to gather and accurately complete these forms with the assistance of legal counsel to protect their interests and achieve a fair outcome.

Similar forms

The Vermont 813B Financial Affidavit shares similarities with various other legal forms due to its comprehensive nature in documenting financial information, particularly in family law contexts. Similar documents would serve related but distinct legal needs. Each document captures different aspects of an individual's or entity's financial picture, yet they intertwinely facilitate the legal processes requiring financial transparency and disclosure.

One closely related document is the Statement of Net Worth used in divorce proceedings in some states. Like the Vermont 813B, this form requires detailed disclosure of assets, liabilities, income, and expenses, helping to establish a clear financial picture of the parties involved. Both forms are critical in divorce cases for equitable asset distribution, determining alimony, and child support payments.

The Uniform Financial Affidavit, another similar document, is utilized across various jurisdictions for cases involving child support, alimony, and sometimes for marital dissolution. Its purpose mirrors that of the Vermont 813B, providing a comprehensive overview of one's financial status. Both documents ensure fairness and accuracy in legal proceedings by requiring detailed financial disclosures.

Child Support Financial Affidavit forms, specifically tailored for child support cases, also resemble the Vermont 813B. These affidavits collect detailed financial information from parents to calculate appropriate child support payments, taking into account income, expenses, and assets, much like the Vermont 813B's detailed asset section.

The Disclosure Statement is another document with similarities, often used in legal disputes or financial transactions to provide a full account of one's financial situation. While broader in use, it aligns with the Vermont 813B's goal of promoting transparency and honesty in financial disclosures to support judicial or transactional decision-making processes.

The Mortgage Application Form, while distinct in purpose, encompasses detailed financial information similar to what the Vermont 813B collects, including assets, debts, and income. This parallel underlines the importance of accurate financial disclosure in assessing one's ability to fulfill financial obligations, whether in familial court cases or in securing loans.

Bankruptcy Forms necessitate a comprehensive listing of assets, liabilities, income, and expenses, similar to the requirements of the Vermont 813B. These forms are vital in determining a petitioner's eligibility for bankruptcy protection and the type of bankruptcy they may qualify for, emphasizing the critical role of detailed financial documentation in legal proceedings.

The Pre-nuptial Agreement Forms, where couples disclose their assets and debts before marriage, also share a likeness with the Vermont 813B. Both documents ensure there's a clear record of each party's financial situation at a certain time, which is crucial for resolving any future disputes or proceedings.

Finally, Estate Planning Documents, such as wills or trusts, often require detailed lists of assets similar to those detailed in the Vermont 813B. These forms help in the distribution of an estate according to the deceased’s wishes, underscoring the importance of thorough financial documentation for legal processes.

In conclusion, while each of these documents serves specific legal purposes, their common thread lies in the comprehensive financial disclosure they require. This underscores the foundational role of transparent financial documentation in safeguarding fairness and accuracy within the legal system.

Dos and Don'ts

When completing the Vermont 813B Financial Affidavit, it is crucial to approach the form with attention to detail and honesty. Here’s a guide on what to do and what not to do:

  • Do: Read instructions carefully to understand the form's requirements and purpose.
  • Do: Check the correct box indicating your role in the case (plaintiff, defendant, or other).
  • Do: Provide accurate and current information in every section to reflect your financial situation.
  • Do: List all assets, including real estate, personal property, vehicles, bank accounts, investments, retirement accounts, life insurance policies, and business interests.
  • Do: Accurately describe and value your property and debts, using market value where required.
  • Do: Sign the affirmation section and have your signature notarized, acknowledging the truthfulness of the information provided.
  • Do: Send a copy of the completed form to the other party at the same time you file it with the court.
  • Don't: Leave any sections incomplete. If a question doesn't apply, indicate with "N/A" for not applicable.
  • Don't: Estimate or guess the value of assets or income; provide precise amounts to ensure accuracy.
  • Don't: Omit any assets or liabilities. Full disclosure is required, and failure to do so can have legal consequences.
  • Hide or underreport income and assets. Deliberate misinformation can lead to sanctions and is considered perjury.
  • Don't: Wait until the last minute to start filling out the form. Timely filing is essential, and delays can adversely affect your case.
  • Don't: Forget to attach relevant documents for certain sections, such as Schedule E from tax returns for rental income.
  • Don't: Sign the affirmation without reviewing all the information filled in, ensuring its accuracy and completeness.

Misconceptions

Understanding the Vermont 813B form, particularly in family court proceedings involving property and asset disclosures, is crucial. However, there are several misconceptions about this document that need clarification:

  • It’s solely for divorce proceedings. Many believe the form 813B is exclusive to divorce cases. In reality, this form is required in various family court matters, including civil union dissolutions, legal separations, annulments, and any case where there are minor children involved or upon court order or another party’s request during the discovery process.
  • Only assets owned individually need to be disclosed. There's a misconception that only individually owned assets must be detailed on the form. However, assets owned jointly with others must also be declared, ensuring a comprehensive understanding of a party's financial situation.
  • Filing it is optional if no children are involved. Even if there are no minor children involved in the legal action, a party may still be required to complete and file form 813B if ordered by the court or requested by the other party as part of the discovery process. This underscores the form’s broader applicability beyond cases involving minor children.
  • All sections must be completed by all parties. There's a belief that every section of the form has to be filled out by all parties, which is not accurate. Participants are only required to complete relevant sections based on their situation, such as answering "Yes" to certain questions that necessitate providing detailed information on specific types of assets.
  • Completion and submission can be delayed. A common misunderstanding is that there’s flexibility in the form’s submission timeline. The form must be filed with the court before or at the first case manager's conference, or at least five days before the first scheduled court hearing if no conference is scheduled. Simultaneously, a copy must be sent to the other party, emphasizing the importance of adhering to strict deadlines to avoid potential sanctions.

Correcting these misconceptions ensures that individuals involved in applicable legal matters fully understand their obligations regarding the Vermont 813B form, thereby facilitating smoother judicial processes for all parties involved.

Key takeaways

When filling out the Vermont 813B form, it is critical to understand its purpose and requirements to ensure accuracy and compliance with court procedures. Here are six key takeaways:

  • The 813B form is a Financial Affidavit specifically for use in cases involving divorce, civil union dissolution, legal separation, or annulment in the State of Vermont, emphasizing instances where minor children are involved.
  • Completion and filing of the form are mandatory if you are a party in a related case as described above, if the court orders you to do so, or if the other party requests it as part of the discovery process.
  • You must file the form with the court before or at your first case manager's conference. If no conference is scheduled, the document should be filed at least five days before your first scheduled court hearing.
  • A copy of the form must be sent to the other party at the same time it is filed with the court, ensuring both parties are aware of the financial declarations made by each other.
  • All information provided in the form, including sources and amounts of income, as well as all assets and liabilities, must be true and correct to the best of your knowledge at the time of affirmation, with your signature notarized to validate this claim.
  • Failure to accurately complete the form or intentionally providing false information can lead to sanctions by the judge, which may complicate the legal proceedings and negatively impact the outcome of your case.
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