Getting Married in Vermont: A Legal Guide
Vermont has specific legal requirements for marriage including obtaining a license from a town clerk, which is valid for 60 days with no waiting period after issuance. Both parties must be at least 18 years old (or have parental consent if 16-17), and the ceremony must be performed by an authorized officiant such as a judge, justice of the peace, or ordained clergy member.
Marriage in Vermont creates legal rights and responsibilities that affect property ownership, inheritance, and financial obligations. Understanding these legal implications before your wedding day can help ensure a smooth transition into married life and protect both parties' interests.
Key Considerations
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements (18 V.S.A. § 5131)
In Vermont, couples must obtain a marriage license from a town clerk before getting married. Both parties must appear in person, provide identification, and pay a fee. The license is valid for 60 days after issuance, and there is no waiting period in Vermont, meaning you can get married the same day you receive your license.
Age Requirements (18 V.S.A. § 5142)
Vermont law requires that both parties be at least 18 years old to marry. Unlike some states, Vermont no longer allows minors to marry with parental consent or judicial approval, as this was eliminated by legislation in 2018 to protect minors from forced marriages.
Who Can Perform Marriages (18 V.S.A. § 5144)
Vermont allows various officials to solemnize marriages, including judges, justices of the peace, ordained clergy, and certain public officials. Vermont also has a temporary certification process that allows a friend or family member to perform a single wedding ceremony after obtaining authorization from the Secretary of State.
Marriage Equality (15 V.S.A. § 8)
Vermont was the first state to establish civil unions in 2000 and legalized same-sex marriage in 2009. The law defines marriage as the legally recognized union of two people and does not specify gender, ensuring equal marriage rights for all couples regardless of gender or sexual orientation.
Name Change After Marriage (15 V.S.A. § 816)
Vermont law allows either spouse to change their surname after marriage by indicating the new name on the marriage license application. This serves as legal documentation for updating names on identification documents, Social Security records, and other official documents.
Regional Variances
Northern Vermont
Burlington has specific local requirements for marriage licenses. Couples must apply in person at the City Clerk's office, and both parties must be present. Burlington also offers a dedicated LGBTQ+ resource center that provides support for same-sex couples getting married in the city.
Stowe is a popular destination wedding location with specific venue permitting requirements. If planning an outdoor ceremony in certain areas, additional permits may be required from the town. Stowe also has specific noise ordinances that affect wedding receptions held outdoors or in certain venues.
Southern Vermont
Brattleboro has a simplified marriage license process that can be started online before visiting the Town Clerk. The town also has specific regulations regarding outdoor ceremonies in public parks that differ from state standards.
Manchester has specific requirements for destination weddings, including additional documentation for non-residents. The town also has unique venue restrictions for historic properties that may affect ceremony planning.
Central Vermont
As the state capital, Montpelier offers expedited marriage license processing. However, ceremonies at the State House require special permission and advance booking, with specific restrictions that don't apply elsewhere in the state.
Woodstock has strict historic district regulations that affect wedding venues and photography locations. Couples planning to marry in Woodstock's historic covered bridges need special permits that must be obtained at least 60 days in advance.
Suggested Compliance Checklist
Research Marriage Requirements in Vermont
1 days after startingBefore applying for a marriage license, research Vermont's specific requirements. In Vermont, there is no waiting period after receiving your license, and the license is valid for 60 days. Both parties must be at least 18 years old (or have parental consent if 16-17). No blood tests are required in Vermont.
Apply for Marriage License
30 days after startingVisit the town clerk's office in any Vermont town to apply for your marriage license. Both parties must appear in person with valid identification (driver's license, passport, etc.) and provide information about previous marriages if applicable. The fee is typically $60. The license is valid for 60 days from issuance and can be used anywhere in Vermont regardless of which town issued it.
Consider a Prenuptial Agreement
60 days after startingDecide whether a prenuptial agreement is appropriate for your situation. This legal document outlines how assets and debts will be divided in case of divorce or death. In Vermont, prenuptial agreements must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Vermont law.
Plan the Wedding Ceremony
90 days after startingIn Vermont, marriages can be performed by judges, justices of the peace, ordained clergy, or those registered with the Secretary of State to perform marriages. Ensure your officiant is legally authorized to perform marriages in Vermont. The ceremony must be witnessed by at least two people aged 18 or older.
Apply for Name Change (if applicable)
120 days after startingIf you plan to change your name after marriage, you'll need to update various documents. In Vermont, you can use your marriage certificate as proof of name change. Start by updating your Social Security card, then your driver's license at the Vermont DMV, followed by other documents like passport, bank accounts, etc.
Update or Create a Will
150 days after startingMarriage significantly changes your legal status and automatically affects inheritance rights in Vermont. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In Vermont, a valid will must be in writing, signed by you, and witnessed by at least two competent individuals who also sign the document.
Create Healthcare Power of Attorney
150 days after startingEstablish a healthcare power of attorney (also called a healthcare proxy) that authorizes your spouse or another trusted person to make medical decisions on your behalf if you become incapacitated. In Vermont, this document must be signed by you and witnessed by two adults who are not the appointed agent or your healthcare providers.
Establish Durable Power of Attorney
150 days after startingCreate a durable power of attorney to authorize your spouse or another trusted person to handle financial and legal matters on your behalf if you become unable to do so. In Vermont, this document must be signed by you in the presence of a notary public to be legally valid.
Update Beneficiary Designations
180 days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change these designations in Vermont, so you must update them manually to include your spouse if desired.
Consider Joint Banking Accounts
180 days after startingDecide whether to maintain separate accounts or establish joint accounts with your spouse. In Vermont, joint accounts provide both spouses with equal access and ownership of the funds. Consider the implications for financial independence, convenience, and estate planning when making this decision.
Update Health Insurance Coverage
60 days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or vice versa. In Vermont, you typically have 30-60 days after your marriage to make these changes outside of the regular open enrollment period. Contact your insurance provider or employer's HR department to understand the specific process and deadlines.
File Taxes Appropriately
365 days after startingUnderstand how marriage will affect your tax filing status. For the tax year in which you get married, you can file as married filing jointly or married filing separately. Consult with a tax professional to determine which status is most advantageous for your specific financial situation under Vermont and federal tax laws.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research Marriage Requirements in Vermont | Before applying for a marriage license, research Vermont's specific requirements. In Vermont, there is no waiting period after receiving your license, and the license is valid for 60 days. Both parties must be at least 18 years old (or have parental consent if 16-17). No blood tests are required in Vermont. | - | 1 |
| Apply for Marriage License | Visit the town clerk's office in any Vermont town to apply for your marriage license. Both parties must appear in person with valid identification (driver's license, passport, etc.) and provide information about previous marriages if applicable. The fee is typically $60. The license is valid for 60 days from issuance and can be used anywhere in Vermont regardless of which town issued it. | Marriage License Application | 30 |
| Consider a Prenuptial Agreement | Decide whether a prenuptial agreement is appropriate for your situation. This legal document outlines how assets and debts will be divided in case of divorce or death. In Vermont, prenuptial agreements must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Vermont law. | Prenuptial Agreement | 60 |
| Plan the Wedding Ceremony | In Vermont, marriages can be performed by judges, justices of the peace, ordained clergy, or those registered with the Secretary of State to perform marriages. Ensure your officiant is legally authorized to perform marriages in Vermont. The ceremony must be witnessed by at least two people aged 18 or older. | - | 90 |
| Apply for Name Change (if applicable) | If you plan to change your name after marriage, you'll need to update various documents. In Vermont, you can use your marriage certificate as proof of name change. Start by updating your Social Security card, then your driver's license at the Vermont DMV, followed by other documents like passport, bank accounts, etc. | Name Change Application | 120 |
| Update or Create a Will | Marriage significantly changes your legal status and automatically affects inheritance rights in Vermont. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In Vermont, a valid will must be in writing, signed by you, and witnessed by at least two competent individuals who also sign the document. | Updated Will | 150 |
| Create Healthcare Power of Attorney | Establish a healthcare power of attorney (also called a healthcare proxy) that authorizes your spouse or another trusted person to make medical decisions on your behalf if you become incapacitated. In Vermont, this document must be signed by you and witnessed by two adults who are not the appointed agent or your healthcare providers. | Healthcare Power of Attorney | 150 |
| Establish Durable Power of Attorney | Create a durable power of attorney to authorize your spouse or another trusted person to handle financial and legal matters on your behalf if you become unable to do so. In Vermont, this document must be signed by you in the presence of a notary public to be legally valid. | Durable Power of Attorney | 150 |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change these designations in Vermont, so you must update them manually to include your spouse if desired. | Beneficiary Designation Forms | 180 |
| Consider Joint Banking Accounts | Decide whether to maintain separate accounts or establish joint accounts with your spouse. In Vermont, joint accounts provide both spouses with equal access and ownership of the funds. Consider the implications for financial independence, convenience, and estate planning when making this decision. | Joint Bank Account Application | 180 |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or vice versa. In Vermont, you typically have 30-60 days after your marriage to make these changes outside of the regular open enrollment period. Contact your insurance provider or employer's HR department to understand the specific process and deadlines. | Health Insurance Coverage Change Form | 60 |
| File Taxes Appropriately | Understand how marriage will affect your tax filing status. For the tax year in which you get married, you can file as married filing jointly or married filing separately. Consult with a tax professional to determine which status is most advantageous for your specific financial situation under Vermont and federal tax laws. | - | 365 |
Frequently Asked Questions
In Vermont, you need to obtain a marriage license from any town clerk in the state. Both parties must appear in person, provide identification (such as a driver's license or passport), and pay a fee (typically $60). There is no waiting period in Vermont, so you can get married the same day you receive your license. The license is valid for 60 days from issuance. You'll need at least one witness for the ceremony, and the marriage must be solemnized by an authorized person such as a judge, justice of the peace, or ordained clergy member.
No, you do not need to be a Vermont resident to get married in the state. Vermont welcomes non-residents to marry there, which makes it a popular destination wedding location. The application process and requirements are the same for residents and non-residents.
No, Vermont does not require a blood test to obtain a marriage license. This requirement was eliminated years ago, simplifying the marriage process. You only need to complete the application and provide proper identification.
In Vermont, the minimum age to get married is 18 years old. As of 2018, Vermont banned all marriages for individuals under 18, with no exceptions. This law was enacted to protect minors from forced or child marriages.
When you apply for your marriage license in Vermont, you can indicate your post-marriage name on the application. After marriage, your certified marriage certificate serves as proof of your name change. You'll need to update your name with various agencies including the Social Security Administration (first), DMV for your driver's license, your employer, financial institutions, and passport office. Each entity may require different documentation, but generally, you'll need your certified marriage certificate.
No, Vermont does not recognize self-uniting marriages. Your marriage must be solemnized by an authorized officiant such as a judge, justice of the peace, ordained minister, or clergy member. Vermont does make it relatively easy for friends or family to become temporary officiants through a one-day designation as a justice of the peace, which can be arranged through the Secretary of State's office.
Vermont is not a community property state but follows equitable distribution laws. This means that property acquired during marriage is not automatically split 50/50 in case of divorce, but rather divided in a manner the court deems fair based on various factors. During marriage, spouses can own property jointly or separately. Marriage also creates inheritance rights, healthcare decision-making rights, and the ability to access certain benefits through your spouse.
A prenuptial agreement is not legally required in Vermont, but it may be advisable depending on your circumstances. If either party has significant assets, children from previous relationships, business interests, or anticipated inheritances, a prenup can help protect these assets and clarify financial expectations. For a prenup to be valid in Vermont, it must be in writing, signed by both parties, entered into voluntarily, and include full financial disclosure. Each party should ideally have independent legal counsel review the agreement.
After your wedding, the officiant will file your completed marriage license with the town clerk where the license was issued. To obtain certified copies of your marriage certificate, you can contact that same town clerk's office or the Vermont Department of Health's Vital Records Office. You can request copies in person, by mail, or in some cases online. There is typically a fee of $10 for the first copy and $5 for additional copies. Certified copies are often needed for name changes and other legal matters.
If you get married in Vermont but live in another state, your marriage will be recognized in your home state and throughout the United States under the Full Faith and Credit Clause of the U.S. Constitution. However, the specific legal implications of marriage (such as property rights, tax filing status, etc.) will generally be governed by the laws of the state where you reside. If you're moving between states, it's advisable to understand how your new state's laws might affect your marital rights and responsibilities.