Melissa Solomon v. Jane Guidry, 155 A.3d 1218

Melissa Solomon and Jane Guidry entered a Vermont civil union in 2001 but later lived in North Carolina and separated in 2014.
In 2015 they filed an uncontested petition in Vermont to dissolve their Vermont civil union, accompanied by the stipulation required by 15 V.S.A. § 1206(b).
The Vermont family court dismissed the petition without reaching the merits, concluding the parties had not shown they attempted to obtain dissolution in North Carolina and suggesting any appeal should be pursued there.
Solomon produced an affidavit from a North Carolina attorney stating North Carolina recognizes same-sex marriages for divorce post-Obergefell but does not recognize Vermont civil unions for dissolution purposes.
The Vermont Supreme Court reviewed statutory history: civil unions remain distinct from marriages in Vermont law, and § 1206(b) was enacted to allow nonresident dissolution of Vermont civil unions when the couple’s residence state will not dissolve them.
The Supreme Court held the parties satisfied § 1206(b) and reversed, explaining the statutory ‘‘acknowledgment’’ requirement did not mandate proof of an attempted filing in the other state.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Vermont court may dissolve a nonresident Vermont civil union under 15 V.S.A. § 1206(b) when parties live in a state that does not dissolve civil unions	Solomon: § 1206(b) requirements were met and Vermont must hear the dissolution; no requirement to first attempt filing in NC	Guidry: court required proof of an attempt to dissolve in NC; NC is proper forum and any denial there should be appealed	Held: § 1206(b) applies; the affidavit showing NC will not dissolve civil unions satisfied the statutory ‘‘acknowledgment’’ — no prerequisite showing an attempted NC filing is required; reversed and remanded
Whether Obergefell compels other states to recognize Vermont civil unions for dissolution purposes	Solomon: Obergefell does not eliminate § 1206(b)’s continued relevance because it addresses same-sex marriage recognition, not distinct Vermont civil unions	Guidry: relied on Obergefell to argue other states must accommodate dissolution or that Vermont should defer	Held: Obergefell does not resolve recognition of civil unions; § 1206(b) remains necessary to address nonresident civil union dissolutions

Baker v. State, 744 A.2d 864 (Vt. 1999) (prompted Vermont creation of civil unions)
Obergefell v. Hodges, 135 S. Ct. 2584 (U.S. 2015) (same-sex marriages must be recognized by states)
In re C.S., 609 A.2d 641 (Vt. 1992) (statutory construction—legislative intent controls)
State v. Amsden, 75 A.3d 612 (Vt. 2013) (use common meaning when statute does not define a term)