Neyman, F. v. Buckley, F.

153 A.3d 1010, 2016 Pa. Super. 307, 2016 Pa. Super. LEXIS 805
CourtSuperior Court of Pennsylvania
DecidedDecember 28, 2016
Docket2203 EDA 2015
StatusPublished
Cited by5 cases

This text of 153 A.3d 1010 (Neyman, F. v. Buckley, F.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neyman, F. v. Buckley, F., 153 A.3d 1010, 2016 Pa. Super. 307, 2016 Pa. Super. LEXIS 805 (Pa. Ct. App. 2016).

Opinion

OPINION BY

FITZGERALD, J.:

Appellant, Freyda Neyman, appeals from the order of the Philadelphia County Court of Common Pleas Family Court Division that dismissed her complaint in divorce seeking the dissolution of her Vermont civil union. Appellant claims the trial court erred in dismissing her complaint for lack of jurisdiction, and in support, she argues that under principles of comity, the Family Court Division had jurisdiction to dissolve her civil union under the Pennsylvania Divorce Code. 1 We hold that a Vermont civil union creates the functional equivalent of marriage for the purposes of dissolution and conclude the trial court erred in dismissing the complaint. Therefore, we reverse and remand for further proceedings.

On July 12, 2002, Appellant and Appel-lee, Florence Buckley (collectively, “the parties”), two adult Pennsylvania residents, entered into a civil union in Vermont, the first state to offer civil unions. The parties began living separate and apart in December 2002. At that time, same-sex marriage was not recognized in the United States.

In 2014, the parties each signed respective affidavits of consent, which specified that their civil union was irretrievably broken and stated the intention to request a final decree of divorce/dissolution. On June 2, 2014, Appellant filed a complaint in the *1012 trial court averring that the parties were adults who had resided in the Commonwealth of Pennsylvania for at least six months prior to the complaint and seeking the entry of a divorce/dissolution decree under Section 3301(c) of the Pennsylvania Divorce Code. On February 4, 2015, Appellant filed a praecipe to transmit the record of the entry of a final decree/dissolution of the civil union.

On June 22, 2015, the trial court dismissed Appellant’s complaint stating:

[T]he Family Court Division may only divorce parties from the ‘bonds of matrimony.’ Pa.R.C.P. 1920.1 (a). This court cannot issue a Decree or Order dissolving the Vermont Civil Union that is the subject of this action. Therefore, the Complaint in Divorce is hereby dismissed. The Civil Trial Division of Philadelphia County has jurisdiction over complaints seeking dissolution of civil unions as actions in equity and has entered order/judgments dissolving same.

Order, 6/22/15. 2

Appellant filed a motion for reconsideration, which the trial court did not address. Appellant took the instant timely appeal on July 22, 2015. On August 20, 2015, Appellant timely filed a court-ordered Pa.R.A.P, 1925(b) statement of errors complained of on appeal.

The trial court issued a Pa.R.A.P. 1925(a) responsive opinion on February 23, 2016. The court observed the Pennsylvania Constitution of 1968 vests jurisdiction in the family court division for matters implicating domestic relations, including “divorce and annulment and property matters relating thereto.” Trial Ct. Op., 2/23/16, at 6-7 (discussing Pa. Const, art. V, Sched. § 16). The court concluded the Divorce Code and the Rules of Civil Procedure refer to “divorce from the bonds of matrimony,” and did not authorize the dissolution of civil unions. Id. at 4-5. Moreover, the court determined it was under no obligation to recognize a Vermont civil union as a marriage because Vermont maintains a distinction between a civil union and a same-sex civil marriage. Id. at 5. Lastly, the court noted that the appropriate forum for Appellant’s action was in the civil trial division. Id. at 8.

On appeal, Appellant raises the following issues for review:

1. Whether the Court of Common Pleas Family Division has jurisdiction over the dissolution of a Vermont civil union entered into by Pennsylvania residents?
2. "Whether a Vermont civil union may be treated as a marriage by a Pennsylvania court for purposes of dissolving that civil union under the Divorce Code.

Appellant’s Brief at 4. 3

As the instant case involves the question of whether a legal cause of action in dissolution exists, our standard of review is de novo and this Court must independently review the record to determine whether a legal divorce action is presented. Jayne v. Jayne, 443 Pa.Super. 664, 663 A.2d 169, 172 (1995).

As to the jurisdiction of the family court divisions of the courts of common pleas, Section 952 of the Judiciary Code provides:

The divisions of a court of common pleas are administrative units composed of those judges of the court responsible for the transaction of specified classes of the business of the court. In a court of com *1013 mon pleas having two or more divisions each division of the court is vested with the full jurisdiction of the whole court, but the business of the court may be allocated among the divisions of the court by or pursuant to general rules.

42 Pa.C.S. § 952.

The Schedule to Article 5 of the 1968 Pennsylvania Constitution pertains to Philadelphia and states:

(q) The court of common pleas through the family court division of the court of common pleas shall exercise jurisdiction in the following matters:
(i) Domestic Relations: desertion or nonsupport of wives, children and indigent parents, including children born out of wedlock; proceedings for custody of children; divorce and annulment and property matters relating thereto.

Pa. Const. Sched. Art, 5, § 16(q)(i)

The Divorce Code defines “divorce” as “divorce from the bonds of matrimony.” 4 23 Pa.C.S. § 3103; see also Pa.R.C.P. 1920.1. The courts of common pleas have “original jurisdiction in cases of divorce and for the annulment of void or voidable marriages[.]” 23 Pa.C.S. § 3104(a).

Courts with jurisdiction of domestic relations have broad jurisdiction to resolve matters uniquely pertaining to matrimonial causes, including disposition of property between the parties, issues related to children, and to resolve “[a]ny other matters ... which fairly and expeditiously may be determined and disposed of in such action.” 23 Pa.C.S. § 3104(a)(5). The Divorce Code aims to “[m]ake the law for legal dissolution of marriage effective for dealing with the realities of matrimonial experience.” 23 Pa.C.S. § 3102(a)(1),

The family court division, therefore, may exercise broad equitable power:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Adewale, A. v. Adewale, S.
Superior Court of Pennsylvania, 2026
Bordone, R. v. Bordone, V.
2025 Pa. Super. 205 (Superior Court of Pennsylvania, 2025)
In re Simmons
584 B.R. 295 (N.D. Illinois, 2018)
Horbal, A. v. Giant Eagle, Inc.
Superior Court of Pennsylvania, 2018
In Re: Estate of Carter, S., Appeal of: Hunter, M.
159 A.3d 970 (Superior Court of Pennsylvania, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
153 A.3d 1010, 2016 Pa. Super. 307, 2016 Pa. Super. LEXIS 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neyman-f-v-buckley-f-pasuperct-2016.