Leslie Spoltore, a partner in our Wilmington, Delaware office, wrote a post on the Delaware Trial Practice Blog entitled "Civil Union Bill Provides For Divorce/Annulment In the Delaware Family Court."
The bill, which becomes effective on January 1, 2012, the right of a same-sex couple to both form a union, as well as the couple’s right to terminate their union. The bill confers upon the Delaware Family Court the right to hear actions to dissolve civil unions brought by residents of the State of Delaware. In addition, the legislation permits Family Court to hear actions for divorce and annulment of civil unions filed by non-residents if the union was solemnized in Delaware and if the jurisdiction in which a party to the union lives does not permit such an action for divorce or annulment. Put another way, even if the couple no longer lives in Delaware, if the state in which they live will not allow for a divorce or other legal termination of the relationship, if the relationship was formalized in Delaware, the parties can return there for a dissolution.