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Transsexual Marriage

Discussion in 'Other Family Law Matters' started by Paulilpn59, Jan 8, 2003.

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  1. Paulilpn59

    Paulilpn59 Law Topic Starter New Member

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    Transgendered Marriage

    If a male married a male-to-female transsexual and not know it, when he does discover that his "wife" is a surgically-altered male, does the husband have to file for divorce, since the marriage is null and void? I really need advice about this. :confused: And why is there a weird envelope next to my name???? What does it mean????
     
    Last edited: Jan 15, 2003
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    1) I don't see anything strange next to your screen name.
    2) One might be able to annul the marriage under the theory of fraud.
    3) Check state law because the marriage may be null and void since same sex marriages are likely not recognized.

    Honestly, I've never dealt with such a case and I don't know exactly how the law recognizes someone with a sex change. From a genetic perspective, they are still the same sex they were despite the changing of the appearance of sexual organs. I believe that there are several state cases dealing with this matter and some have found that birth sex is controlling. In such states the marriage may be null and void since it could not take place between two members of the same gender.
     
  3. Paulilpn59

    Paulilpn59 Law Topic Starter New Member

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    Thank you for the info. I'm also a paralegal student, and I find that subject curious. Michigan law states a same sex marriage IS null and void. The "couple" I referred to are now "separated".

    The weird envelope next to my name was on the main posting, where all threads are posted.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    The envelope might be to say that you were the thread starter. Otherwise... you got me!
     

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