Legal requirement
Remarrying in Vermont after divorce or a civil union
Vermont’s marriage FAQ allows remarriage after a previous marriage or civil union has legally dissolved or a previous spouse or partner has died. Existing civil-union partners may marry each other. A marriage or civil union with another person must first have ended. Give the clerk the actual prior-union dates and circumstances.
Use the legal dissolution date, not separation
The application asks for the number of earlier marriages and civil unions and how and when they ended. The FAQ says this information is confidential and does not become part of the marriage certificate. Ask the clerk what documentation applies to your circumstances rather than assuming separation or a pending decree ends the earlier marriage.
The same license rules apply: both people at least 18, an $80 fee and 60-day validity. The FAQ also lists restrictions involving close relatives, guardianship consent and capacity.
If any applies, settle eligibility with the clerk before arranging the ceremony. This page summarizes the agency guidance; it does not determine a particular person’s eligibility.
References
A previous marriage is not a barrier to a Vermont wedding, but it has to be over on paper. The state's FAQ says you are free to marry if your previous husband, wife or civil union partner has died, or if you are divorced. You may remarry after the date on which the previous marriage or civil union was legally dissolved.
If you are partners in an existing civil union, you are free to marry one another. The clerk will ask when and how each earlier marriage ended, and that information is confidential and does not appear on the certificate. Bring the dates you need.
This is general information from the Department of Health, not legal advice. For your own case, ask the town clerk.
Marrying again in Vermont after a divorce
You may remarry after the date on which your previous marriage was legally dissolved. Know that date before you go to the clerk. It is the date on the decree, not the date you separated.
The clerk asks how and when each earlier marriage or civil union ended. Have the dates and, if you can, a copy of the decree.
Remarrying in Vermont after a spouse has died
You are free to marry if a previous husband, wife or civil union partner has died. The clerk will ask the date on which your spouse or partner died.
No waiting period applies. The state's FAQ notes there is none for any marriage.
Civil unions and Vermont marriage
If you are partners in an existing civil union, you are free to marry one another. If either of you is joined in a civil union to someone else, you cannot marry until that union has ended.
The same applies to marriage: you cannot marry if either of you is currently married to someone else.
Who cannot marry in Vermont: the state's list
The state's FAQ lists further restrictions. Anyone under guardianship cannot marry without the guardian's written consent.
Vermont does not allow marriage between most close relatives, and it names parent, grandparent, sibling, child, grandchild, niece, nephew, aunt and uncle. Both parties must be of sound mind and at least eighteen.
If any of this could apply to you, ask the town clerk before you plan a date.
Does my previous marriage appear on the new certificate?
No. The state says the information about previous marriages is confidential and does not become part of the certificate.
Who cannot marry in Vermont?
Most close relatives, anyone currently married or in a civil union with someone else, anyone under guardianship without consent, and anyone not of sound mind.
What does the clerk ask about earlier marriages?
The number of previous marriages and civil unions, and how and when each ended. The state says this is confidential and does not become part of the marriage certificate.
What date matters after a divorce?
The date on which the previous marriage was legally dissolved. You may remarry after that date.
Do I have to bring my divorce decree?
The clerk asks when and how the earlier marriage ended. Ask the clerk what to bring.
Can I marry if I am in a civil union with someone else?
Not until that union has legally ended. The same is true of an existing marriage. If you and your partner are in a civil union with each other, you are free to marry one another.
Does the guardianship rule apply to me?
Only if you are under guardianship. Then the guardian's written consent is needed.
Are there age rules?
Each person must be at least 18, according to the Department of Health's FAQ.
- Marriage license
- What a Vermont marriage license costs, how long it lasts, which clerk issues it, the age rule and the steps for obtaining and returning it.
- Marrying from out of state
- What a couple from outside Vermont needs: no residency rule, a license issued by a Vermont clerk and completed by an authorized officiant.
- Who may marry you
- The full list of who can solemnize a Vermont marriage: judges, justices of the peace, clergy and temporarily registered officiants.
- Religious & cultural ceremonies
- Planning a religious or cultural wedding in Vermont: who may officiate, the venue's rules on rituals, open flames, food and the chosen ceremony space.
- Guest list & capacity
- How your guest count and a Vermont venue's stated capacity fit together: seated against standing capacity, with room for service and dancing.
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