Verified Complaint For Declaratory Judgment and Equitable Relief by 0vqK80

VIEWS: 196 PAGES: 5

									                               Sample for Reference
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ________

PLAINTIFF
                                      Plaintiff                          Index no.
                                                                         Date summons filed:
                  -against -
                                                                         VERIFIED COMPLAINT
                                                                         FOR DECLARATORY JUDGMENT
                                                                         AND EQUITABLE RELIEF
DEFENDANT
                                   Defendant


TO THE SUPREME COURT OF THE STATE OF NEW YORK

The Plaintiff, by ATTORNEY, ATTORNEY AT LAW, alleges the following:

                                          Nature of the Action

   1. Plaintiff brings this action for declaratory judgment dissolving the rights and obligations of her

       civil union relationship with Defendant and equitable relief that dissolves the civil union.



                                                  Parties

   2. PLAINTIFF is a resident of the State of New York and the County of _______. She has resided in

       New York State for a continuous period in excess of two years immediately preceding the

       commencement of this action. She resides at ADDRESS.

   3. DEFENDANT is a resident of the State of New York and the County of ________. She resides at

       ADDRESS.

   4. The parties are over the age of 18 years.

                                                       Law

   5. Jurisdiction is proper under CPLR §3001 and the Supreme Court's broad equity jurisdiction.

       Venue is proper under CPLR §503 and §509.




Tara Bognar                                   For reference                                 February 2012
                            Sample for Reference
   6. In Dickerson v. Thompson, 2011 N.Y. App. Div. Lexis 5852 (3d Dept. July 21, 2011)(Case No.

       511849) [Dickerson II], the Third Department affirmed that the New York Supreme Court has the

       authority to grant a judgment relieving the parties of the rights and obligations of a Vermont

       civil union and held that “the dissolution of a civil union falls squarely within the scope of the

       Supreme Court’s broad equity jurisdiction.”

   7. In Dickerson II, the Court ruled that the exercise of its equitable powers was warranted because:

               Plaintiff is in need of a judicial remedy to dissolve her legal relationship with defendant
               created by the laws of Vermont.

               Residency requirements prevent her from obtaining a dissolution of the civil union in
               Vermont, and the provisions of Domestic Relations Law § 170, which provide for divorce
               and dissolution of a marriage, are not applicable to this action since the parties did not
               enter into a marriage in Vermont.

               Thus, absent Supreme Court's invocation of its equitable power to dissolve the civil
               union, there would be no court competent to provide plaintiff the requested relief and
               she would therefore be left without a remedy…

               Since plaintiff would be entitled to a dissolution of the civil union in Vermont but for that
               state's residency requirement (see Vt Stat Ann, tit 15, § 551 [3], [7]; §§ 592, 1206), we
               find that equity would be served by granting her the requested relief.

   8. In the instant case, equity would similarly be served by granting a declaration relieving the

       parties of the rights and obligations of the civil union and dissolving the civil union.



                                                   Facts

   9. The Plaintiff and Defendant obtained a civil union on DATE, 200?, in Burlington, VT.

   10. Since about DATE, 200?, the relationship has been broken down and the Plaintiff and Defendant

       have been living separately.



          Plaintiff is in need of a judicial remedy to dissolve her legal relationship with Defendant

                                         created by the laws of Vermont



Tara Bognar                                    For reference                                  February 2012
                            Sample for Reference
   11. The Plaintiff wishes to be free of the civil union, the continuing existence of which severely

       restricts her ability to move forward with her life. The “chilling effects, both potential and

       actual,” noted in Dickerson II apply to the parties here as well, including the inability to enter

       into another marriage, civil union, or domestic partnership, and the possibility of the parties

       being vested with certain legal rights with respect to any children the other may later bear.



       New York law does not provide any other recourse to dissolve the Vermont civil union

   12. In Dickerson II, the Court noted that “absent Supreme Court's invocation of its equitable power

       to dissolve the civil union, there would be no court competent to provide plaintiff the requested

       relief and she would therefore be left without a remedy.” New York Domestic Relations Law

       §170 still provides only for divorce and dissolution of a marriage and no other means for

       dissolving a Vermont civil union has been provided for by New York law.



       Residency requirements prevent the Plaintiff from obtaining a dissolution of the civil union in

                                                      Vermont

   13. The Plaintiff is precluded from seeking dissolution of the civil union in Vermont by the residency

       requirement in Vermont Domestic Relations Law art. 592, which requires a residency period of

       at least six months (15 V.S.A. § 592).

               § 592. Residence: A complaint for divorce or annulment of civil marriage may be
               brought if either party to the marriage has resided within the state for a period of six
               months or more, but a divorce shall not be decreed for any cause, unless the plaintiff or
               the defendant has resided in the state one year next preceding the date of final hearing.
               Temporary absence from the state because of illness, employment without the state,
               service as a member of the armed forces of the United States, or other legitimate and
               bona fide cause shall not affect the six months' period or the one-year period specified in
               the preceding sentence, provided the person has otherwise retained residence in this
               state.




Tara Bognar                                     For reference                                February 2012
                            Sample for Reference
         Plaintiff would be entitled to a dissolution of the civil union in Vermont but for that state's

                                             residency requirement

   14. According to Vermont law, the dissolution of civil unions is governed by the same law as the

       dissolution of marriages. (15 V.S.A. § 1206)

               § 1206. Dissolution of civil unions: The family division of the superior court shall have
               jurisdiction over all proceedings relating to the dissolution of civil unions. The dissolution
               of civil unions shall follow the same procedures and be subject to the same substantive
               rights and obligations that are involved in the dissolution of civil marriage in accordance
               with chapter 11 of this title, including any residency requirements.


   15. The Plaintiff would otherwise be entitled to seek dissolution of the civil union in Vermont, which

       recognizes separation for at least 6 consecutive months combined with the unlikelihood of

       resumption of marital relations as proper grounds for divorce. (15 V.S.A. § 551(7))

                 § 551. Grounds for divorce from bond of matrimony: A divorce from the bond of
               matrimony may be decreed: … (7) When a married person has lived apart from his or her
               spouse for six consecutive months and the court finds that the resumption of marital
               relations is not reasonably probable.

   16. The Plaintiff and Defendant have been living apart for more than six consecutive months and

       the resumption of marital relations is not reasonably probable.



                    There are no other issues ancillary to the dissolution of the civil union

   17. The parties have no outstanding issues of conflict to bring to the court:

           a. There are no children of the relationship, and no child is expected;

           b. The parties have no joint property;

           c. No request is made for judicial intervention in the division of property and no claim will

               be made by either party under equitable distribution.



       Wherefore, Plaintiff respectfully requests that the Court:



Tara Bognar                                   For reference                                   February 2012
                             Sample for Reference
            1. Declare the parties free of all rights and obligations of their civil union.

            2. Dissolve the civil union.



Dated:



                                                      _____________________________________

                                                      ATTORNEY


STATE OF NEW YORK, COUNTY OF ____________, ss.

        I, PLAINTIFF, am the Plaintiff in the within action for declaratory judgment and equitable relief. I
have read the foregoing Complaint and know the contents thereof. The contents of the Complaint are
true to my own knowledge, except as to those matters therein stated to be alleged upon information
and belief, and as to those matters I believe them to be true.


                                                                ___________________________________
                                                                PLAINTIFF

Sworn to before me this _____day of _______, _________

________________________________________________
                   Notary Public




Tara Bognar                                    For reference                                  February 2012

								
To top