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How to dissolve an out of state civil union in NY

New York, NY |

What are the requirements needed to dissolve an out of state civil union in NY? Is it the same as a divorce? Can/Should there be a filing for legal separation first?

Attorney Answers 3

Posted

I am not sure as to what the question is. If you have been married in another state, you can certainly get divorced in New York as long as the residency requirements are met. If you are not legally married, then there would be no need for a divorce. Much will depend on exactly what type of civil union there was, and what rights attach to it.

There would be no need under current laws to file for a legal separation first.

I have been an attorney in New York for over 20 years. Feel free to view my website at Brooklynlaw.net or contact me either by phone at 718-208-6094 or via email at howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

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Asker

Posted

A NJ Civil Union, although not a legal marriage, is dissolved the same as a legal marriage, via family court with a divorce. Outside of NJ, say NY for example where same sex marriage IS legal, I wasn't sure if the laws towards dissolving that NJ civil union would be along the lines of dissolving a same sex marriage.

Posted

It may be that even if you are not married, you and your partner may need to enter into an agerement that separates your property. This can be done by any qualified attorney who practices matrimonial law.

Please be advised that this answer shall not constitute legal advice, or create an attorney-client relationship.

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Posted

Hello:

As always, do not construe posts as legal advice but as "attorney advertising" and you should always consult with a lawyer on any legal matter.

I would also suggest you retain counsel in the state that you had your civil union.

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