06.29.08

Ramifications of Vermont Civil Unions for Pennsylvania

Posted in Uncategorized at 3:17 pm by admin

In Vermont, much to their credit, they have a law that allows for civil unions for gays and lesbians. You do not have to be a resident of Vermont to obtain a civil union license. The laws under their civil union statute amount to marriage, with all of the rights and obligations, such as child and spousal support, distribution of property, and inheritance. However, a Vermont civil union does not give you any federal benefits, such as social security.

Basically if you get a Vermont civil union license you are married under another name they call civil union. Presumably such a decision to simply change the name was to appease those that believe marriage is between a man and women”.

I will have to save Massachusetts for another article. However, everyone considering a Vermont civil union should be aware that once they obtain the license, Vermont law applies to the union. Most every lover thinks partnership will never end when contemplating getting married or obtaining a civil union.

However, to get divorced in Vermont you must reside in that State for six months before you can file for a divorce or an annulment. Worse yet, you must reside in Vermont for a whole year before your divorce or annulment will be granted.

Although you may leave Vermont for just cause, such as employment, illness, etc, you have to prove residency for the entire one year period. Vermont is a no-fault and fault divorce State, so once residency is proven the divorce can be finalized. However, as in any divorce such can be accomplished either cheaply or expensively depending on how the spouses want to act during the divorce proceedings.

Here in Pennsylvania civil unions are not recognized by law. Therefore, you cannot get a divorce under your Vermont civil union in Pennsylvania. Part of the Vermont Statute states that you may not be a party to another civil union in order to obtain one in Vermont. Therefore, if you do not go forth with obtaining a divorce in Vermont, and you go through with a civil union in Pennsylvania, which presumably could be recognized in Vermont, you could run into problems of bigamy once you reenter that State.

Unless you plan to move to Vermont, getting a Vermont civil union license as a resident of Pennsylvania will never be recommended by me. You can accomplish most of the rights allowed by a Vermont civil union by obtaining an unrecognized by Pennsylvania law civil union in Pennsylvania, and then obtain Wills, Powers of Attorney, Cohabitation Agreements, and Custody Agreements, which are all recognized under Pennsylvania law.

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