Can a civil union be dissolved in Massachusetts?
January 15th, 2009If a gay or lesbian couple joins together in marriage in either Massachusetts, California or Connecticut, they can definitely get divorced in those respective states. In states that outlaw same-sex marriage, due to the Defense of Marriage Act (DOMA), those states do not have to recognize a same-sex marriage from another state and therefore do not have to grant their request for a divorce. That begs the question, if a gay or lesbian couple joins together in a civil union (e.g.: Vermont), can they get a “divorce” in a state that allows same-sex marriage (e.g.: Massachusetts)?
The answer to that question, at least in Massachusetts, is yes. In 2004, Judge Cronin of the Essex Probate and Family Court ruled that a couple who has a civil union in Vermont may get “divorced” in Massachusetts. He reasoned that a Vermont civil union confers all the rights of marriage (sans the actual title of “marriage”) and therefore, through a dissolution process similar to a divorce, Massachusetts may sever those “marriage” rights.
It is still up in the air, due to Proposition 8 that was recently voted in in California, whether same-sex marriage or divorces will stay valid in that state. At least in Massachusetts, marriage and divorce is a right open to all couples, straight or gay.
*thanks to Amy Martel for the case-law and clarification
* NOTE: This information is only for Massachusetts residents! If you live in other states, this will not apply.
WILL MASSACHUSETTS GRANT A CIVIL UNION DISSOLUTION IF I DO NOT LIVE IN MASSACHUSETTS?
I cannot get my Vermont civil union from 2001 dissolved because I live in NC where VCU’s are not recognized. Can I ever get married in Massachusetts?
I cannot meet the residency requirement of one year. Do you know of any loopholes?
Thanks. I appreciate your help. This situation is really unfortunate.
Hi. I had a civil union in Vermont in 2005. I have been a resident of Indiana, but will be residing in Massachusetts. I would like for the civil union to be dissolved. Can you please tell me what steps I need to take?
Erin, in order for Massachusetts to have the power to divorce you, you will need to have lived here for at least 1 year. After that time, you can qualify for a dissolution of your Vermont civil union.
Hello, I wrote in previously about dissolving my Vermont civil. I will have lived in Mass. for 1 year as of 8/15/09. Do I simply follow the steps for a regular uncontested divorce (i.e. filing paperwork, etc)? How long after I file the appropriate documents will the dissolution be granted? Thank you for your help! Erin
I had a VT Civil Union performed many years ago and am a MA resident. What is the first step to dissolve this union? Who may I contact to learn about the process?
Thank You!
Feel free to contact me about obtaining a dissolution of your VT civil union. 617-273-5110
I was in vermont when the just legalized gay marriage, was there on a vacation, got married and live in florida, still reside in florida, how can I get a dissolution? With out all the hassle?
Trish, you’re going to have to consult with a Florida attorney to see if Florida will dissolve your vermont civil union.
Gabriel I currently live in NY but will be moving to California within the next few months and I had a civil union done in VT, how can I dissolve it without living in VT for a year? I have been looking for any information and all I keep finding is that I have to reside in VT for a year then it will go to court. Is there any other way I can have it disolved.