Family Law
At Downs Rachlin Martin PLLC (DRM), the experienced and dedicated family law team offers knowledgeable, sensitive guidance and experienced representation in all matters related to civil union dissolution.
On September 1, 2009, Vermont granted same sex couples the right to marry and ceased licensing civil unions. While a same sex couple can no longer enter into a civil union, Vermont continues to recognize and extend the legal benefits of a civil union to couples already joined in a civil union.
Vermont’s same sex marriage law did not automatically convert existing civil unions into marriages. Accordingly, couples joined in a civil union who desire to enter into a marriage, must obtain a marriage license on the same terms as any other couple. A couple does not need to dissolve their civil union in order to enter into a marriage, as long as they are marrying each other.
The Vermont Family Court has jurisdiction over all proceedings relating to the dissolution of civil unions and civil marriages. The dissolution of a civil union or same sex marriage is subject to the same substantive rights and obligations that are involved in the dissolution of a heterosexual marriage, including any residency requirements.
A couple who entered into a civil union and later a marriage who wish to separate must dissolve both the civil union and the marriage. The dissolution of the civil union and marriage can be sought at the same time.
It is unclear how other states may handle a civil union or same sex marriage dissolution; however, in Vermont, a residency requirement exists for dissolving either a civil union or a marriage. A complaint to dissolve a civil union or marriage in Vermont may be brought if either party has resided within the state for a period of six months or more, but dissolution cannot be granted unless one of the parties has resided in the state for at least one year preceding the date of the final hearing.
To assist you further, we’ve provided an optional checklist that can help you be prepared for the initial consultation.
Caryn Waxman or Amber Barber, co-chairs of the DRM Family Law Group, have each practiced family law exclusively for more than a dozen years. Both are regularly invited to address lawyers and other professionals on divorce matters and related complex financial issues, as well as other family law topics.
Keenly aware of the emotionally-charged nature of most family law issues, our family law team responds rapidly to clients’ needs, making every effort to ensure that you are informed about the status of your case and what steps are to be taken next.
To explore how the DRM Family Law Group can assist you, contact practice group co-chair Amber Barber or Caryn Waxman.
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