Is it possible to enter in a civil union while the prior marriage is in existence?

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:
  • State: Vermont

Answer:

In Vermont, for a civil union or marriage to be valid, neither person may be a party to another civil union or a marriage with a different person. Civil marriages contracted while either party is legally married or joined in a civil union to a living person other than the party to the marriage are considered as void. Thus, you may not join in a civil union if you have already entered a civil union or marriage.

15 V.S.A. § 1202 provides with the requirements of a valid civil union. This reads in its pertinent part as follows:
 
“For a civil union to be established in Vermont, it shall be necessary that the parties to a civil union satisfy all of the following criteria:  (1) Not be a party to another civil union or a marriage.
(2) Be of the same sex.
(3) Meet the criteria and obligations set forth in 18 V.S.A. chapter 106. (Added 1999, No. 91 (Adj. Sess.), § 3; amended 2009, No. 3, § 6, eff. Sept. 1, 2009.)”

Per 15 V.S.A. § 4, civil marriages contracted while the other party is legally married is considered void. It reads as follows:
 
“Civil marriages contracted while either party is legally married or joined in civil union to a living person other than the party to that marriage shall be void.”




 

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

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.