In an average divorce proceeding in San Antonio, you might find two people hashing it out over alimony, child support and dividing up community property, among other things. Very rarely do you find someone actually fighting for the right to pay alimony.
In an unusual twist, this is actually the case for one transgender man who is trying to get his marriage dissolved. Even though the divorce would probably result in the man paying alimony to his former spouse, he says he welcomes that opportunity.
The man, who was born a female, but went through hormone therapy to become a man, gave birth to the couple’s three children. The couple married in Hawaii 10 years ago, but eventually moved stateside.
When things went south in their relationship, the man attempted to file for divorce. The problem is that in the state where he lives, same-sex marriage is not recognized. The judge in the case said that the man failed to provide enough evidence to prove that he was a man when the marriage actually took place, so the marriage could not be recognized as legal in that state.
The man worries that if he tries to remarry in the future, he could run into trouble because this union was never dissolved. Since some states may legally recognize the marriage, especially the state of Hawaii where the marriage took place, he could legitimately be accused of practicing polygamy if he were to remarry and decide to visit or live there again.
Obviously this case is not something that you encounter every day, but this couple is certainly going through a lot of the same headaches that every other divorcing couple goes through. If you are going through a divorce, it can help to have a lawyer on your side who can look out for you and make sure your interests are protected.
Source: Associated Press, “Transgender man plans to keep seeking divorce,” Jacques Billeaud, April 2, 2013