§ 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.)