What happens toa marriage when the husband has a sex change?

Asked on March 22, 2011 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In this world of sex changes and the evolution of rights of individuals who are same sex couples to marry, one does oftentimes run into a situation wherein the initial marriage was legal but does the change in gender create now an illegal marriage. Some states are beginning to consider this issue in new legislation but it also comes down to whether or not the husband actually changed documents identifying him like a social security number, like a drivers license, and the like. In Texas, marriage of same sex individuals is contrary to the public policy of that state, so even if one is allowed to continue being married in another state, that marriage is voidable in Texas. The law is every changing and case law is always coming about, so you may depending on where you live file for divorce as a result of the marriage no longer being valid in your state or because of other reasons that derive from the gender change (like no sexual activity, or abandonment or other reasons that can apply in an at-fault state).


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