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The Out-of-State Dissolution of Civil Unions

Can the subject matter jurisdiction of a family court extend beyond divorce and annulment into the broader realm of dissolution of the family? Does a family court have equity jurisdiction to dissolve a Vermont civil union and to adjudicate the division of property and ancillary economic claims? Does an out-of-state family court have jurisdiction to dissolve a Vermont civil union based on its power to enforce contracts and to adjudicate contractual disputes, including express or implied contracts between unmarried cohabitants? How does a state's version of the Defense of Marriage Act (referred to as a mini or junior-DOMA) factor into this analysis, if at all? Family lawyers are closely monitoring an emerging body of case law that seeks to answer some of these questions. In all likelihood, at some point in 2005, a state's highest court will weigh in on these issues, and that decision may potentially affect the degree to which family lawyers will succeed in securing out-of-state decrees on behalf of clients seeking to dissolve Vermont civil unions.

18 minute read March 30, 2005 at 08:28 AM
By
Mark Momjian
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.

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