Vermont allows immediate remarriage once your divorce decree becomes absolute, with no mandatory waiting period between finalization and your second marriage. Under 15 V.S.A. § 560, divorced parties are "deemed single and may lawfully marry again" the moment the court's decree converts from nisi to absolute status. The critical distinction lies in understanding Vermont's 90-day nisi period—you cannot remarry during this cooling-off window unless both parties agree to waive it in an uncontested divorce. Once that period expires (or is waived), you can obtain a Vermont marriage license for $80 and marry the same day with no blood tests or additional waiting requirements.
Key Facts: Remarriage After Divorce in Vermont
| Requirement | Vermont Law |
|---|---|
| Waiting Period After Divorce | None (once decree is absolute) |
| Nisi Period Before Decree Absolute | 90 days (waivable in uncontested cases) |
| Marriage License Fee | $80 |
| Marriage License Validity | 60 days |
| Blood Test Required | No |
| Minimum Age to Marry | 18 (16-17 with parental consent) |
| Residency for Marriage License | None required |
| Divorce Filing Fee (Uncontested) | $90 |
| Divorce Filing Fee (Contested) | $295 |
| Effect on Alimony | Does not automatically terminate |
Understanding the 90-Day Nisi Period Before Remarriage
Vermont imposes a mandatory 90-day waiting period called the nisi period between when the judge grants your divorce and when it becomes legally final. Under 15 V.S.A. § 554, a decree of divorce "shall be a decree nisi and shall become absolute at the expiration of 90 days from the entry thereof." During this 90-day window, you remain legally married and cannot remarry or represent yourself as divorced. The nisi period exists to provide a cooling-off window that allows either party to appeal or reconcile before the divorce becomes permanent.
The nisi period affects remarriage timing in specific ways. If a judge grants your divorce on March 1, 2026, your divorce decree becomes absolute on May 30, 2026—exactly 90 days later. You cannot legally remarry until May 30, 2026, even if you have already obtained a marriage license with your new partner. Attempting to marry during the nisi period could result in charges of bigamy under Vermont law.
Waiving the Nisi Period in Uncontested Divorces
Couples filing an uncontested divorce with a complete stipulation may request waiver of the nisi period directly on Form 400-00878 (Final Stipulation – Property, Debt and Spousal Support). When both parties agree and the court approves, the divorce can take effect immediately rather than after 90 days. In contested divorces where the court must decide disputed issues, the nisi period cannot be waived under Vermont law.
Waiving the nisi period carries practical implications beyond remarriage timing. Shortening the nisi period may affect a party's eligibility to remain covered by the other party's health insurance. It may also change your income tax filing status for that calendar year. Couples should consult with a Vermont family law attorney before waiving this period to understand all financial ramifications.
Vermont Marriage License Requirements for Second Marriages
Vermont requires a marriage license for all marriages, including remarriages after divorce. The marriage license costs $80 and can be obtained from any town or city clerk in Vermont—you need not apply in the town where you live or plan to marry. Vermont has no waiting period after obtaining a marriage license, meaning you can marry the same day you receive the license. The license remains valid for 60 days from issuance.
When applying for a Vermont marriage license after divorce, you must provide documentation proving your prior marriage has legally ended. Vermont clerks require certified copies of divorce decrees or death certificates (if widowed) to verify your eligibility to remarry. Both parties must appear in person at the clerk's office to sign the application certifying the accuracy of all information provided.
Documentation Requirements for Remarriage
Vermont requires specific documentation when you apply for a marriage license as a divorced person:
- Certified copy of your final divorce decree (showing the decree is absolute, not nisi)
- Government-issued photo identification
- Birth certificate or passport showing full legal name
- Social Security number
- Names and birthplaces of both parents (including mother's maiden name)
- Date and location of prior marriage(s) and how they ended
If your divorce was finalized in another state, Vermont clerks will accept a certified copy of that state's divorce decree. The decree must show the divorce is final—a decree nisi from Vermont or a similar interim order from another state will not satisfy the requirement.
How Remarriage Affects Spousal Maintenance in Vermont
Vermont is unique among states in that spousal maintenance (alimony) does not automatically terminate when the recipient remarries. Under 15 V.S.A. § 752, the paying spouse must file a motion requesting modification or termination and demonstrate that the recipient's remarriage has "significantly improved" their financial circumstances. This contrasts with most states where alimony automatically ends upon the recipient's remarriage.
The paying spouse seeking to terminate maintenance after the recipient's remarriage bears the burden of proof. Courts examine whether the new spouse provides financial support, whether household expenses are now shared, and whether the recipient's overall standard of living has improved. Simply getting remarried does not guarantee maintenance will end—the paying spouse must prove a substantial change in financial circumstances.
Cohabitation and Maintenance
Vermont courts also consider cohabitation when evaluating maintenance obligations. If a maintenance recipient lives with a new partner in a "marriage-like" relationship without formally remarrying, the paying spouse can petition for modification. Courts apply the same "significant improvement" standard as they do for remarriage, examining whether the cohabitation has reduced the recipient's financial needs.
Vermont Divorce Residency Requirements
Before you can remarry in Vermont following a Vermont divorce, you must first satisfy the state's divorce residency requirements. Vermont uses a two-tier system under 15 V.S.A. § 592:
| Requirement Stage | Time Period |
|---|---|
| To file for divorce | 6 months residence |
| To receive final decree | 1 year residence |
| Nisi period | 90 days after decree |
Either spouse must have resided in Vermont for at least 6 months before filing a divorce complaint. For the court to issue a final decree, the plaintiff or defendant must have resided in Vermont for 1 year before the final hearing. Temporary absences for illness, employment, or military service do not interrupt these residency periods.
Timeline Example for Newcomers
Consider a spouse who relocates to Vermont in January 2026. They can file for divorce in July 2026 after meeting the 6-month filing threshold. However, the court cannot issue the final decree until January 2027, when the 1-year requirement is satisfied. After the decree is granted, the 90-day nisi period runs until April 2027, at which point the divorce becomes absolute and remarriage becomes legally possible.
Property Division Considerations Before Remarriage
Vermont is an equitable distribution state under 15 V.S.A. § 751, meaning courts divide marital property fairly but not necessarily equally. Vermont follows an "all-property" doctrine where all property owned by either spouse, regardless of when or how it was acquired, is subject to division. This includes separate property, inherited assets, and premarital property.
Before remarrying, ensure all property division orders from your divorce have been fully executed. Failure to transfer property as ordered can create legal complications with your new spouse. Quitclaim deeds for real estate, retirement account divisions via QDRO orders, and title transfers for vehicles should all be completed before you remarry.
Filing Fees and Costs Associated with Divorce and Remarriage
Understanding the full cost picture helps you plan financially for both divorce and remarriage in Vermont:
| Item | Cost |
|---|---|
| Uncontested divorce filing (Vermont resident) | $90 |
| Uncontested divorce filing (non-resident) | $180 |
| Contested divorce filing | $295 |
| Cross-petition filing | $90 |
| Post-judgment modification motion | $90 |
| COPE parenting class (if children involved) | $79 |
| Marriage license | $80 |
| Temporary officiant registration | $100 |
| Credit card convenience fee | 2.39% |
As of March 2026, these fees apply. Verify current amounts with your local Vermont court clerk, as fees may change. Low-income individuals may apply for fee waivers using Form 600-00228, with courts typically granting waivers for those with income below 200% of the federal poverty level.
Who Can Officiate Your Vermont Remarriage
Vermont recognizes ceremonies performed by various officiants. A Supreme Court justice, superior court judge, district judge, judge of probate, assistant judge, justice of the peace, or ordained/licensed clergy member residing in Vermont can perform your wedding ceremony. Additionally, any person over age 18 can register with the Vermont Secretary of State as a temporary marriage officiant for $100, allowing friends or family members to officiate your remarriage.
Special Considerations for Out-of-State Divorces
If your divorce was finalized in another state, Vermont will recognize it for remarriage purposes under the Full Faith and Credit Clause of the U.S. Constitution. You must provide a certified copy of the final divorce decree from the issuing state when applying for your Vermont marriage license. Ensure the decree shows the divorce is final—interim orders, separation agreements, or pending appeals do not qualify.
Some states impose waiting periods for remarriage after divorce (Texas and Oklahoma, for example, have 30-day waiting periods). Vermont does not have such a restriction, but if you were divorced in a state with a remarriage waiting period, you should verify whether that state's law applies to you if you plan to remarry within that timeframe.
Death During the Nisi Period
If either party dies before the 90-day nisi period expires, Vermont law provides that the decree shall be deemed absolute immediately prior to death under 15 V.S.A. § 554. This provision protects inheritance rights and ensures the surviving spouse's legal status is clear. The surviving ex-spouse would be considered divorced at the moment of death, not widowed, which affects estate distribution and benefits eligibility.