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The Out-of-State Dissolution of Civil Unions
Vermont's civil union law went into effect on July 1, 2000. Since that time, more than 6000 civil unions have been performed there according to Vermont's Department of Health. According to the Vermont Guide to Civil Unions — published on the official Web site of Vermont's Secretary of State — family courts in Vermont have jurisdiction over all proceedings relating to the dissolution of civil unions. Indeed, the dissolution of civil unions follows the same procedures — and is subject to the same substantive rights and obligations — that are involved in the dissolution of marriage, including any residency requirements. For instance, a complaint to dissolve a civil union in Vermont may be brought if either party to the civil union has resided within the state for a period of 6 months or more, but dissolution cannot be granted unless one of the parties has resided in the state at least one year preceding the date of the final hearing.
Thus far, some 27 dissolution decrees have been granted in Vermont. However, approximately 86% of all civil unions issued in Vermont involve non-residents. So how does an out-of-state resident dissolve a Vermont civil union, short of moving back to Vermont to satisfy that state's stringent residency requirements? A small body of case law is developing on the interstate validation of civil unions, and family lawyers are facing some challenging issues as a result.
Dissolution of the Family
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?