Dissolving a Civil Union

Although the exact definition of civil union depends on states that recognize civil unions, a civil union is generally defined as a relationship similar to marriage that was created as a means to provide recognition in state law for same-sex couples.

In other words, a civil union is a legal relationship between two people that provides both parties legal protections similar to marriage, including inheritance rights, employment benefits, health benefits, property benefits, and parental rights.

Because civil union meaning can extend to the civil union partnership being treated like a marriage under state laws, there are cases in which a civil union divorce may be necessary. As such, dissolving a civil union will usually involve the same legal procedures as dissolving a divorce.

However, there can be additional legal hurdles for dissolving a civil union, as not every state recognizes civil unions. In other words, there are states that do not have any laws concerning the methods and procedures for dissolving a civil union.

However, in the states in which civil union is still a legal option, dissolution of the civil union may be available even to individuals who are not residents of that state, so long as they entered into a legal civil union in their home state.

Which States Recognize Dissolving a Civil Union?

It is important to note that in 2015, the United States declared that same-sex marriage is legal throughout the country through the ruling of the Supreme Court Obergefell v. Hodges case. Prior to that Supreme Court case, same-sex spouses who were legally married in states that allowed same-sex marriage had difficulty in obtaining a divorce or dissolving their civil union.

As discussed above, this frequently happened when a same-sex couple married in a state that allowed civil union and then moved to a state that did not. The partners would then be barred from receiving a divorce or dissolution of their civil union due to the fact that obtaining a divorce through the state in which they were married involved a certain length of residence before being eligible for divorce.

Because of the ruling in Obergefell v. Hodges, same-sex couples now have the right to marry anywhere in the United States, as well as divorce anywhere in the United States. However, regardless of these facts, some same-sex couples still face issues when attempting to file for divorce or obtain a dissolution of their civil union.

As of 2024, only five states recognize dissolving a civil union:

• New Jersey: New Jersey is a state that recognizes civil unions. Dissolution of a New Jersey civil union is the same as the process for a divorce, as long as at least one partner in the union has lived in New Jersey for at least one year before applying for the dissolution;
• Illinois: Illinois is another state that recognizes civil unions. Dissolution of a civil union in Illinois also follows the same procedure as a divorce in Illinois, which means as long as the civil union was entered into in the State of Illinois, it can be dissolved if at least one of the parties is a current resident of the state;
• Hawaii: Hawaii is another state that recognizes civil unions. Hawaii law also treats dissolutions of Hawaii civil unions the same as a divorce, which means that the person filing for the dissolution must have lived in both the county in which the complaint for divorce is filed and in the State of Hawaii for at least six months;
• Colorado: Colorado is another state that still recognizes civil unions as an option. If two people enter into a civil union in Colorado, Colorado will retain jurisdiction for the purpose of any action relating to the civil union, including the dissolution of the union, even if one or both of the partners in the union have left the state and are not residents.
  • Importantly, this only applies to a civil union that was entered into by the parties in the state of Colorado.
  • The dissolution of civil unions in Colorado follows the same process as divorce in the state; and
• Vermont: Vermont is another state that recognizes civil unions. Dissolution of a civil union in Vermont also follows the same procedure as a divorce in Vermont, which means as long as the civil union was entered into in the State of Vermont, it can be dissolved if at least one of the parties is a current resident of the state or has lived in Vermont for at least one year.
  • Additionally, Vermont has a process for couples who no longer reside in the State of Vermont to dissolve their civil union in that state, which is available if the state in which they reside at the time of their dissolution does not recognize civil unions for the purpose of dissolution.

What About Dissolution in Other States?

Once again, prior to the legalization of actual marriage for same-sex couples, many individuals entered into marriage alternatives, such as domestic partnerships or civil unions. Once same-sex marriage was legalized in 2015, the following states recognized and converted civil unions into marriages within the state:

• Connecticut: The state of Connecticut allowed limited civil unions up until 2005. However, since 2010, civil unions are no longer offered by the state, and all existing civil unions were transitioned into marriages;
• Delaware: In the state of Delaware, civil unions were approved and issued in 2012 and offered all of the same legal protections and rights as a marriage. Then, in 2013, all Delaware civil unions were transitioned into marriages;
• New Hampshire: New Hampshire civil unions were created in 2008. In 2010, the state of New Hampshire legalized and implemented same-sex marriages, and in 2011, all unions were turned into marriages;
• Rhode Island: In 2011, Rhode Island created civil unions, which offered the same benefits and rights as traditional marriages. Then, in 2013, the state of Rhode Island legalized same-sex marriage, and all civil unions were turned into legal marriages; and
• Vermont: Vermont legalized same-sex marriages in 2009, although the state also recognized and allowed civil unions long before then. Any civil union established prior to 2009 remains a valid civil union in the state of Vermont, but new civil unions are no longer offered in the state of Vermont.

As far as the other states that have not been mentioned above, because they do not recognize civil unions, it can be challenging to dissolve a civil union if a person has moved to such a state. In these matters, the parties to the civil union might have to resolve the issues involved in ending their union by executing an agreement by themselves. In these cases, enlisting the aid of an experienced family lawyer may be necessary for a fair and equitable division of the civil union property.

Do I Need a Lawyer to Dissolve My Civil Union?

If you are in a civil union and are contemplating the dissolution of your civil union, you are advised to consult with an experienced family law attorney. To reiterate, the rules and laws concerning civil unions and dissolution of civil unions vary greatly from state to state.

As such, it is in your best interest to consult with an experienced family law attorney in your area, as they will be most familiar with your state’s specific laws concerning civil unions and how those laws will affect your legal options. An experienced attorney can help you determine how best to start the dissolution process or help you and your partner reach a dissolution agreement. Finally, an attorney will also be able to represent you in court as needed.