Bennington
Town Clerk's Office

Worksheet for Marriage License Application (39k)

Justices of the Peace

Who can get married in Vermont?

A man and a woman who are each at least 18 years old can marry in Vermont. If you are at least 16, but under 18, you will need the consent of a parent or guardian. Your parent or guardian should go with you to the city clerk's office to sign an affidavit giving you permission to marry. (The affidavit is on the back of the marriage license and is a legal part of the license.) If one or both of you are under the age of 16 and a Vermont resident, you cannot be married in Vermont unless you first furnish the city clerk with a certificate from a probate, district, or superior court judge of the district or county in which the underage person resides. If the underage person is not a Vermont resident, you must furnish the city clerk with a certificate from a judge of the district or county in which the marriage will take place. By Vermont law, no one under the age of 14 may marry in Vermont.

Are there any other marriage restrictions?

Anyone under guardianship cannot marry without the guardian's written consent. Vermont also does not allow marriage between most close relatives. You cannot marry a parent, grandparent, sister, brother, child, grandchild, niece, nephew, aunt or uncle. First cousins who are Vermont residents, or residents of another state where marriage between first cousins is allowed, may marry each other in Vermont. You cannot marry in Vermont to evade the laws of the state where you live. You cannot marry if either of you is currently married to someone else. The law also requires that both parties be of sound mind. Do we need a marriage license? Do we need blood tests? You will need a license, but you do not need blood tests, and there is no waiting period. Where do we get a marriage license and how much does it cost? Licenses are issued by Vermont city clerks. If both bride and groom are Vermont residents, you may go to the city clerk in either of your towns of residence. If just one of you resides in a Vermont town, you must buy the license in that town. The license costs $45, and is valid for 60 days from the date it is issued. During that time period, an authorized person must perform your wedding ceremony -- otherwise, the license is void.

What if we are not Vermont residents?

If neither party is a Vermont resident, you may get the license from any city clerk in the state.

What information must we provide to get a marriage license?

Besides basic information about yourselves (names, towns of residence, places and dates of birth), you must also provide your parents' names, including your mothers' maiden names, and their places of birth. (A certified copy of your birth certificate can supply most of this information.) Vermont law requires that at least one of you sign the license in the presence of the city clerk, certifying that all the information you provided is correct. However, most city clerks prefer to see both of you in person before issuing your license. The law requires that city clerks satisfy themselves that you are both free to marry under Vermont laws. Therefore, they may legally ask to see documented proof of your statements (birth certificates, divorce decrees, death certificates, etc.). You will also be asked to provide information about your race, the highest grade you completed in school, the number of previous marriages, and how they ended. This information is confidential and does not become part of the marriage certificate.

What if either of us has been married or in a civil union before?

If your husband, wife or civil union partner has died, you are free to marry. The clerk will ask the date your spouse or civil union partner died. If you are divorced, you may remarry after the date on which your previous marriage or civil union was legally dissolved.

Can a license be issued through the mail? Can we be married by proxy?

No. A marriage license cannot be issued through the mail, and you cannot be married by proxy.

Where can we get married?

With a valid Vermont license, you can be married anywhere in Vermont, but only in Vermont.

Who can marry us? Do we need witnesses?

A Supreme Court justice, a superior court judge, a district judge, a judge of probate, an assistant judge, a justice of the peace or an ordained or licensed member of the clergy residing in Vermont can perform your wedding ceremony. A clergy person residing in an adjoining state or country can marry you if his or her church, temple, mosque, or other religious organization lies wholly or partly in Vermont. A clergy member residing in some other state or in Canada can marry you if he or she first obtains a special authorization from the probate court in the district where the marriage will take place. Vermont law does not require witnesses, but, if you are planning a religious ceremony, check to see if the religion's tenets require witnesses.

What do we do with the license? What happens to it after the ceremony?

By law, you must deliver the license to the person who will conduct your wedding ceremony before the marriage can be performed. After the ceremony, the person who performs the ceremony (officiant) will complete the sections concerning the date, place and officiant information, and sign your license. At that point, the license becomes a marriage certificate. The officiant must return the certificate to the city clerk's office where it was issued within 10 days after the wedding, so that your marriage can be officially registered. The certificate is not a complete legal document until it has been recorded in the city clerk's office where it was purchased.

How do we get a copy of our marriage certificate?

When you buy your license, you can arrange with the city clerk to mail you a certified copy of your certificate as soon as your marriage is recorded. The cost is $55.00 ($45 for the license and $10.00 for the certified copy). Two weeks or more after the ceremony, you can request, in person or in writing, a copy from the city clerk's office where you bought your license. OR- Six or more weeks after your ceremony, you may request, in person or in writing, a certified copy from the Vermont Department of Health, Vital Records Unit. Either way, the fee is $10.00, and you will receive a copy of the original certificate, embossed with the town or state seal and signed and dated by the appropriate official. This is accepted for all legal purposes as proof of a valid marriage.