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Can I enter a civil union in Vermont if I'm already married?

Can I enter a civil union in Vermont if I'm already married?

Q: How long before a relationship is considered common law marriage?

Since Vermont does not recognize common law marriages, there is no specific duration that qualifies a relationship as such. Couples in Vermont must formally marry to have their relationship legally recognized. Living together for an extended period does not grant any legal status akin to marriage in the state.

Q: What is the Marriage Equality Act in Vermont?

The Marriage Equality Act in Vermont, enacted in 2009, allows same-sex couples to marry and enjoy the same legal rights and responsibilities as opposite-sex couples. This law marked a significant step towards equality, ensuring that all couples, regardless of gender, have access to the institution of marriage in Vermont.

Q: What is considered common law marriage in Vermont?

Vermont does not have common law marriage. Instead, couples must enter into a formal marriage to receive legal recognition. In states that do recognize common law marriage, it typically involves cohabitation and the intent to be married, but this is not applicable in Vermont.

Q: Can you get married in Vermont without being a resident?

Yes, you can get married in Vermont without being a resident. The state allows non-residents to apply for a marriage license and marry there. However, couples must follow the state's marriage license application process and meet the necessary requirements, regardless of their residency status.

Full question:

I live in Vermont and I am legally married. Is it possible to enter in a civil union, while the prior marriage is in existence?

Category: Marriage
Subcategory: Unlawful
Date: 04/07/2025
State: Vermont

Answer:

In Vermont, you cannot enter into a civil union if you are already married or in another civil union. For a civil union to be valid, both parties must meet specific criteria, including not being part of another civil union or marriage (15 V.S.A. § 1202). Additionally, marriages entered into while one party is already married or in a civil union with someone else are considered void (15 V.S.A. § 4). Therefore, if you are legally married, you cannot join in a civil union.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does Vermont recognize common law marriages?

Vermont does not recognize common law marriages. To be legally married in Vermont, couples must go through the formal marriage process, which includes obtaining a marriage license and having a ceremony. This means that simply living together for a certain period does not create a legal marriage in Vermont. Couples must comply with the state's marriage laws to ensure their relationship is legally recognized.

Why would someone choose a civil union over a marriage?

Some individuals may choose a civil union over marriage for personal, cultural, or religious reasons. Civil unions provide many of the same legal benefits as marriage, such as inheritance rights and health care decision-making. Additionally, some may prefer a civil union due to its historical context in states like Vermont, where it was initially created to provide legal recognition for same-sex couples before marriage equality was established.