Family law guidelines in the state of Texas and others across the country are continually being reviewed and reevaluated for their relevance in addressing contemporary issues. As such, the validity of same-sex and transgender marriage is being debated by legislators everywhere. And while every case is unique, one transgender divorce may set precedent for others in the future.
The high-profile case involves a transgender man who took measures to have his gender change legally recognized on relevant forms such as his birth certificate. He and his wife married in Hawaii in 2003, and the couple had three children together. Nine years later, however, the husband filed for divorce in his state of residence.
The man’s divorce petition was denied because same-sex marriage is not currently recognized in his home state, and the judge presiding over the case found that there was not sufficient evidence illustrating that the couple had originally entered into a heterosexual union. Recently, a state Court of Appeals overturned that ruling with a unanimous vote. The panel of appeals justices decided that the state would recognize the Hawaii marriage, therefore allowing the couple to legally divorce.
Couples attempting to divorce in the state of Texas can face any number of legal complications. Understanding how Texas state laws apply in conjunction with those of other states is an important aspect of effectively addressing many family law issues. Meeting with an attorney can be incredibly helpful to navigating the divorce process and coming to a reasonable and fair settlement.
Source: The Huffington Post, “‘Pregnant Man’ Has Right To Divorce Wife, Arizona Court,” David Schwartz, Aug. 13, 2014