Salucco v. Alldredge

17 Mass. L. Rptr. 498
CourtMassachusetts Superior Court
DecidedMarch 19, 2004
DocketNo. 02E0087GC1
StatusPublished

This text of 17 Mass. L. Rptr. 498 (Salucco v. Alldredge) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salucco v. Alldredge, 17 Mass. L. Rptr. 498 (Mass. Ct. App. 2004).

Opinion

Cronin, J.

The Plaintiff requests “dissolution” of a civil union entered into with the Defendant in the State of Vermont. This request is not contested by the Defendant. The parties do not have any outstanding disputes over property and there are no children of this union. Upon consideration of the pleading, the representations of the Plaintiff and his attorney, the full faith and credit clause of the United States Constitution, the Defense of Marriage Act, the Vermont Civil Union Statute, Massachusetts case law, and this Court’s equity jurisdiction, the Court thereby allows Plaintiffs request and dissolves the civil union of David B. Salucco and Patrick W. Alldredge.

I. Basic Factual Background and Procedural History

On May 18, 2002, David Salucco (hereinafter Plaintiff), a resident of Massachusetts, and Brian Alldredge (hereinafter “Defendant”), a resident of Arkansas, a same-sex couple, participated in a civil union in the State of Vermont. After four days, the parties separated and have not lived together since May 22, 2002. There were no biological or adopted children of the civil union and neither party contends that either of them is a “de facto” parent of any children. Plaintiff is represented by Attorney Robert C. Benoit.

On September 11, 2002, Plaintiff filed a Complaint in Equity seeking dissolution of the parties’ civil union in this Court. The Complaint alleges that the parties “suffered an irretrievable breakdown of their civil union” on or about May 19, 2002. On October 16, 2002, Plaintiff served Defendant, in Arkansas, with a summons and a copy of the Complaint in this action. Defendant did not file any responsive pleading nor an appearance in this case.

On February 13, 2003, Plaintiff filed and served a “Motion for Entry of Judgment. ” A hearing on that Motion was held on March 19, 2003. At that hearing, three attorneys were present on behalf of Plaintiff (Attorneys Robert Benoit, Charles Sillari, and Stephen Glines, Jr.). Plaintiff was also present throughout that hearing. Defendant did not attend the hearing, nor was he represented by counsel at the hearing. Attorney Benoit represented to the Court that he spoke by telephone with Defendant on March 18, 2003, and Defendant informed him that he was aware of the scheduled hearing and was “in full agreement” with the relief sought.

On March 19, 2003, Plaintiff filed a Memorandum in Support of the instant Complaint, and an Affidavit in support thereof. On the same date, the parties filed a joint Affidavit in Support of the instant Complaint, and they also filed a stipulated separation Agreement wherein they agreed upon the division and distribution of their respective property. On March 25, 2003, Plaintiff filed a Supplemental Memorandum in Support of the Complaint.

On December 13, 2003 the Court entered a Sua Sponte Order wherein it ordered the parties to submit by January 30, 2004, supplemental memoranda regarding the effect of Goodridge v. Department of Public Health, 440 Mass. 309 (2003), on the instant matter. On February 3, 2004, Plaintiff filed a Motion for Extension of this Order for an additional sixty days within which to file the supplemental memoranda. That Motion was allowed by the Court.

II. Discussion

a. Vermont Civil Union

A civil union is a creature of statute. The statutes at issue in this case are Vt. Stat. Ann. Tit. 15, §§1201-1206. For a civil union to be established in Vermont, the parties must be of the sane sex and, therefore, excluded from the marriage laws of Vermont. Vt. Stat.

[499]*499Ann. Tit. 15, §1202.1 A Civil union in the State of Vermont provides same-sex couples with “all of the same benefits, protections and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law or any other source of civil law, as are granted spouses in a marriage.” Vt. Stat. Ann. Tit. 15, §1204. Marriage, as defined in Vermont, means the legally recognized union of one man and one woman, and, as such, a civil union is not marriage. See Vt. Stat. Ann. Tit. 15, §1201. Following this distinction, parties to a civil union in Vermont cannot obtain a divorce in Vermont, as they are not considered married, but can obtain a dissolution of their union in the Family Court. Vt. Stat. Ann. Tit. 15, §1206. While not called marriage, the union confers the couple with the same rights, and obligations as created by marriage and provides the same legal standards and remedies for dissolution. Id. The Statute provides that “the law of domestic relations, including annulment, separation and divorce, child custody and support, and property division and maintenance shall apply to parties to a civil union.” Id.

In Vermont, although there is not a residency requirement for the formation of a civil union, a residency requirement exists for dissolution of a civil union. See Vt. Stat. Ann. Tit. 15, §§1202, 1206. To obtain a dissolution of a civil union, one party must have been a resident of Vermont for one year preceding the date of a final hearing. Vt. Stat. Ann. Tit. 11, §3.

In this case, neither party has any contact with the State of Vermont, except for entering into a civil union in that state. Neither party has ever resided in the State of Vermont; and neither party intends to become a resident of Vermont. Consequently, the parties are unable to obtain a dissolution of their civil union in Vermont. In addition, the parties are unable to obtain a divorce in either Arkansas or Massachusetts, their states of residence, because they are not considered “married” for purposes of divorce statutes in those states. See G.L.c. 208; Ark. Code. Ann. §§9-11-107, 301-307. Without a dissolution of their Vermont civil union, neither party may enter into another civil union or a marriage.

As distinguished from a “domestic partnership” which involves a more limited grant of authority from a state, Vermont, by enacting Title 15, has established this civil union as the substantial equivalent of marriage. “It cannot be terminated unless dissolved in a manner which is virtually identical to a civil divorce for married couples.” Vermont Civil Unions, 89 Ky.L.J. 1075, 1080 (2000).

As a result of the inability of the parties to obtain dissolution of their civil union in Vermont, Plaintiff, as a resident of Massachusetts, seeks relief in this Court. He requests that this Court dissolve the civil union entered into by the parties under Article IV of the United States Constitution, also known as the “full faith and credit clause,” and under G.L.c. 231A. Plaintiffs prayers for relief shall be addressed below.

b. Full Faith and Credit and the Defense of Marriage Act

Pursuant to Article IV, Section 1 of the United States Constitution (codified at 28 U.S.C.A., §1738) states are required to give “full faith and credit” to the public Acts, Records, and Judicial Proceedings of every other state. For example, parties that are lawfully married in one state would be recognized as married in another state. Vital v. Vital, 319 Mass. 185 (1946); Damaskinos v. Damaskinos, 325 Mass. 213 (1950); See also Williams v. North Carolina, 317 U.S. 237 (1942) (standing for the proposition that one state should recognize as valid a marriage that takes place in another state between domiciliaries of that state).

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Bluebook (online)
17 Mass. L. Rptr. 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salucco-v-alldredge-masssuperct-2004.