I have a civil union in Vermont and my partner and I recently separated. Vermont has a residency law stating that we must live in VT to dissolve the union, however we both live in NYC and cannot move to VT. My partner has been somewhat reckless since the separation, getting rid of his health insurance and quitting his job. H has several bills that were put in my name and he has agreed to pay, not to mention that I could be responsible if anything were to happen to him.
Is there any way around these laws
if not can we draw up some other sort of agreement stating what each of us is responsible for and will it hold up in court?
Divorce / Separation Lawyer
There was a recent case, Dickerson v Thompson, that I believe pertains to your situation. In Dickerson, the NY Appellate Division Third Department, ruled that the trial court had equity jurisdiction to dissolve same-sex civil union validly entered into outside of New York, even though there was no remedy at law for dissolution of a civil union entered into in another state.
The Court further noted that plaintiff was in need of a judicial remedy to dissolve her legal relationship with defendant created by the laws of Vermont, and, since residency requirements prevented her from obtaining a dissolution of the civil union in Vermont, absent trial court's invocation of its equitable power to dissolve the civil union, there would be no court competent to provide plaintiff the requested relief and she would therefore be left without a remedy.
I believe that this case could give you a possible resolution to your civil union without having to establish the residency requirement.
If you would like to schedule a consultation, I would be happy to set one up for you at my office.
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