Sex-Change Operation May Prevent Man from Getting Divorce

 Posted on February 28, 2013 in Divorce

An Arizona man who gave birth to three children after having a sex-change operation may not be able to divorce his wife, according to a recent story on WFAA.com. Thomas Beatie, who was born as a woman, underwent a sex-change surgery but his reproductive organs were not removed. Thomas and Nancy Beatie decided to file for divorce after 9 years of marriage. However, a judge is questioning whether the state's same-sex marriage ban prevents Thomas Beatie from ending his marriage.

A number of courts all over the country have declared marriages involving a transgender person invalid. However, according to Shannon Minter, legal director for the National Center for Lesbian Rights, this case is different and has different factual and legal issues than other cases involving a transgender person. "What you have is a man and woman who are married, and their relationship is ending," he said. "And it's no different, fundamentally, from other people in that circumstance."

Thomas Beatie started testosterone treatments in 1997 and underwent surgeries in 2002. He was married to Nancy in 2003 in Hawaii and became pregnant because Nancy could not have children. Beatie gave birth to three children who are now between 2 to 4 years old. The married couple later moved to Arizona. Both agree that the marriage should end.

The divorce process can include emotional stress and unexpected legal difficulties. Therefore, it is always prudent to have a lawyer review your situation no matter what the reasons for your divorce may be. If you are contemplating divorce, contact an experienced family law attorney in Austin, Texas at your earliest convenience.