§ 1206. Dissolution of civil unions
(a) The Family Division of the Superior Court shall have jurisdiction over all proceedings
relating to the dissolution of civil unions. Except as otherwise provided, the dissolution
of civil unions shall follow the same procedures and be subject to the same substantive
rights and obligations that are involved in the dissolution of civil marriage in accordance
with chapter 11 of this title, including any residency requirements.
(b) Notwithstanding the provisions of sections 592 and 593 of this title, a complaint for civil union dissolution may be filed in the Family Division of Superior
Court in the county in which the civil union certificate was filed by parties who
are not residents of Vermont provided all of the following criteria are met:
(1) The civil union of the parties was established in Vermont.
(2) Neither party’s state of legal residence recognizes the couple’s Vermont civil union
for purposes of dissolution.
(3) There are no minor children who were born or adopted during the civil union.
(4) The parties file a stipulation together with a complaint that resolves all issues
in the dissolution action. The stipulation shall be signed by both parties and shall
include the following terms:
(A) An agreement that the terms and conditions of the stipulation may be incorporated
into a final order of dissolution.
(B) The facts upon which the court may base a decree of dissolution of a civil union and
that bring the matter before the court’s jurisdiction.
(C) An acknowledgment that:
(i) Each party understands that if he or she wishes to litigate any issue related to the
dissolution before a Vermont court, one of the parties must meet the residency requirement
set forth in section 592 of this title.
(ii) Neither party is the subject of an abuse prevention order in a proceeding between
the parties.
(iii) There are no minor children who were born or adopted during the civil union.
(iv) Neither party’s state of legal residence recognizes the couple’s Vermont civil union
for purposes of dissolution.
(v) Each party has entered into the stipulation freely and voluntarily.
(vi) The parties have exchanged all financial information, including income, assets, and
liabilities.
(c) The court shall waive a final hearing on any dissolution action filed pursuant to
subsection (b) of this section unless the court determines upon review of the complaint
and stipulation that the filing is incomplete or that a hearing is warranted for the
purpose of clarifying a provision of the stipulation. Final uncontested hearings in
a nonresident dissolution action shall be conducted by telephone unless one or both
of the parties choose to appear in person.
(d)(1) Except as provided in 18 V.S.A. § 5131(a)(4), parties to a civil union certified in Vermont who wish to dissolve their civil union
after legally marrying one another may do so by following the procedures set forth
in this subsection and are not subject to the same substantive rights and obligations
that are involved in the dissolution of civil marriage in accordance with chapter
11 of this title, including any hearings, waiting periods, or residency requirements.
(2) Parties to a civil union who are legally wed to one another may dissolve their civil
union by filing a petition for uncontested dissolution with the Family Division of
the Superior Court in the county in which one or both reside. The application for
uncontested dissolution shall be on a form prescribed by the Court Administrator.
The form shall be signed by both parties. The parties shall provide a certified copy
of their marriage certificate with the petition.
(3) The grounds for dissolution pursuant to this subsection shall be that the parties
are legally married at the time of the dissolution of the civil union.
(4) The benefits, protections, and responsibilities under law, whether they derive from
statute, administrative or court rule, policy, common law, or any other source of
civil law, shall continue in the same manner.
(5) Upon the filing of a petition for uncontested dissolution, the court may immediately
grant the petition without requiring a hearing by issuing an order of uncontested
dissolution.
(6) The filing fee for a dissolution pursuant to this subsection shall be as provided
in 32 V.S.A. § 1431(b)(2) for a complaint filed with a stipulation for a final order that is acceptable to
the court. (Added 1999, No. 91 (Adj. Sess.), § 3; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 92 (Adj. Sess.), § 4.)