Although the exact definition of civil union depends on states that recognize civil unions, a civil union is generally defined as a relationship similar to marriage that was created as a means to provide recognition in state law for same-sex couples.
In other words, a civil union is a legal relationship between two people that provides both parties legal protections similar to marriage, including inheritance rights, employment benefits, health benefits, property benefits, and parental rights.
Because civil union meaning can extend to the civil union partnership being treated like a marriage under state laws, there are cases in which a civil union divorce may be necessary. As such, dissolving a civil union will usually involve the same legal procedures as a divorce.
However, there can be additional legal hurdles for dissolving a civil union, as not every state recognizes civil unions. In other words, there are states that do not have any laws concerning the methods and procedures for dissolving a civil union.
However, in the states in which civil union is still a legal option, dissolution of the civil union may be available even to individuals who are not residents of that state, so long as they entered into a legal civil union in their home state.
Eligibility: Most states base eligibility on two things. First, the civil union must have been valid when it was formed. Second, at least one partner usually needs to meet a residency rule in the state where the case is filed. Some states will still hear the case even if neither partner lives there now, as long as the union was formed in that state. Be ready to show proof of the original civil union and any records tied to it.
Which States Recognize Dissolving a Civil Union?
It is important to note that in 2015, the United States declared that same-sex marriage is legal throughout the country through the ruling of the Supreme Court Obergefell v. Hodges case. Prior to that Supreme Court case, same-sex spouses who were legally married in states that allowed same-sex marriage had difficulty in obtaining a divorce or dissolving their civil union.
As discussed above, this frequently happened when a same-sex couple married in a state that allowed civil union and then moved to a state that did not. The partners would then be barred from receiving a divorce or dissolution of their civil union due to the fact that obtaining a divorce through the state in which they were married involved a certain length of residence before being eligible for divorce.
Because of the ruling in Obergefell v. Hodges, same-sex couples now have the right to marry anywhere in the United States, as well as divorce anywhere in the United States. However, regardless of these facts, some same-sex couples still face issues when attempting to file for divorce or obtain a dissolution of their civil union.
As of 2026, only five states recognize dissolving a civil union:
- New Jersey: New Jersey is a state that recognizes civil unions. Dissolution of a New Jersey civil union is the same as the process for a divorce, as long as at least one partner in the union has lived in New Jersey for at least one year before applying for the dissolution;
- Illinois: Illinois is another state that recognizes civil unions. Dissolution of a civil union in Illinois also follows the same procedure as a divorce in Illinois, which means as long as the civil union was entered into in the State of Illinois, it can be dissolved if at least one of the parties is a current resident of the state;
- Hawaii: Hawaii is another state that recognizes civil unions. Hawaii law also treats dissolutions of Hawaii civil unions the same as a divorce. The filer must have lived in the county where the complaint is filed for at least three months, and either partner must have lived in the State of Hawaii for at least six months before filing;
- Colorado: Colorado is another state that still recognizes civil unions as an option. If two people enter into a civil union in Colorado, Colorado will retain jurisdiction for the purpose of any action relating to the civil union, including the dissolution of the union, even if one or both of the partners in the union have left the state and are not residents.
- Importantly, this only applies to a civil union that was entered into by the parties in the state of Colorado.
- The dissolution of civil unions in Colorado follows the same process as divorce in the state; and
- Vermont: Vermont is another state that recognizes civil unions. Dissolution of a civil union in Vermont also follows the same procedure as a divorce in Vermont, which means as long as the civil union was entered into in the State of Vermont, it can be dissolved if at least one of the parties is a current resident of the state or has lived in Vermont for at least one year.
- Additionally, Vermont has a process for couples who no longer reside in the State of Vermont to dissolve their civil union in that state, which is available if the state in which they reside at the time of their dissolution does not recognize civil unions for the purpose of dissolution.
Process/Steps: Ending a civil union looks much like a divorce. One partner files a petition with the family court. The other partner is served and gets time to respond. Both sides then work out the terms, including how to divide property and handle support payments. If you agree on everything, the court can sign off without a trial. If not, the court holds hearings and decides for you.
Timelines: There is no single timeline that fits every case. An uncontested case where both partners agree can wrap up in a few months. A contested case can take a year or longer. Many states also require a waiting period after filing before anything is final. A few states require 60 or 90 days. A local lawyer can tell you the rules where you live.
What About Dissolution in Other States?
Once again, prior to the legalization of actual marriage for same-sex couples, many individuals entered into marriage alternatives, such as domestic partnerships or civil unions. Once same-sex marriage was legalized in 2015, the following states recognized and converted civil unions into marriages within the state:
- Connecticut: The state of Connecticut allowed limited civil unions up until 2005. However, since 2010, civil unions are no longer offered by the state, and all existing civil unions were transitioned into marriages;
- Delaware: In the state of Delaware, civil unions were approved and issued in 2012 and offered all of the same legal protections and rights as a marriage. Then, in 2013, all Delaware civil unions were transitioned into marriages;
- New Hampshire: New Hampshire civil unions were created in 2008. In 2010, the state of New Hampshire legalized and implemented same-sex marriages, and in 2011, all unions were turned into marriages;
- Rhode Island: In 2011, Rhode Island created civil unions, which offered the same benefits and rights as traditional marriages. Then, in 2013, the state of Rhode Island legalized same-sex marriage, and all civil unions were turned into legal marriages; and
- Vermont: Vermont legalized same-sex marriages in 2009, although the state also recognized and allowed civil unions long before then. Any civil union established prior to 2009 remains a valid civil union in the state of Vermont, but new civil unions are no longer offered in the state of Vermont.
State Variations: Rules shift a lot from one state to another. A few states still allow new civil unions. Others converted older civil unions into marriages. Some never recognized them at all. If you formed your civil union in one state but moved to another that does not recognize them, you may have to file in the original state. Colorado and Vermont keep jurisdiction over civil unions formed there even after you move away.
As far as the other states that have not been mentioned above, because they do not recognize civil unions, it can be challenging to dissolve a civil union if a person has moved to such a state.
Additional Considerations
Costs/Fees: The main upfront cost is the court filing fee. It usually runs from a couple hundred dollars up to around $400, depending on the state. Attorney fees, if you hire one, will be your largest expense. Other costs may include serving papers, copying records, and paying experts to value a home or retirement account. Mediation adds to the total but often saves money compared to a full court fight.
Evidence: You will usually need a copy of the original civil union certificate and proof of residency. Bring a list of shared assets and debts. Other useful records include bank statements, tax returns, deeds, and retirement account info. If you have children together, gather records tied to custody and the child’s school or health care. Having these documents ready before you file helps move things along.
Risks/Penalties: Ending a civil union can affect more than your relationship status. You may lose access to a partner’s health insurance or pension. Property transfers tied to the split can carry tax effects. If one partner adopted the other’s child, custody and support need to be handled carefully. Failing to address these issues in the final order can lead to surprise costs or court fights later.
The Importance of Hiring a Lawyer: Some people try to handle a civil union dissolution on their own. This sometimes works when both partners agree on the terms, there are no children, and the assets are small. Even then, going without a lawyer carries risks. You could miss tax issues, leave out shared debts, or sign an agreement that does not hold up in court. A lawyer can spot problems before they turn into costly mistakes.
Do I Need a Lawyer to Dissolve My Civil Union?
If you are in a civil union and are contemplating the dissolution of your civil union, you are advised to consult with an experienced family law attorney. To reiterate, the rules and laws concerning civil unions and dissolution of civil unions vary greatly from state to state.
As such, it is in your best interest to consult with an experienced family law attorney in your area, as they will be most familiar with your state’s specific laws concerning civil unions and how those laws will affect your legal options. An experienced attorney can help you determine how best to start the dissolution process or help you and your partner reach a dissolution agreement. Finally, an attorney will also be able to represent you in court as needed.
