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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 1 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.
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