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Huge News in Divorce Law, TMF Style

On Behalf of | Apr 15, 2015 | Divorce

I have been suggesting that there was big news on same-sex divorce to come for some time now.  On Friday, the Judge filed the Order creating our big news and I’m here to tell about it!

Transgender marriage has been recognized in Georgia.

Yes, you read that right, transgender marriage has been recognized in the State of Georgia.

Earlier this year we tried this case.  Here are the cliff notes:

Two women meet and fall in love.  They become a couple.  They engage in a ritual artificial insemination which produces a child in the other party.  (More on this later)

Our client, one of the members of the couple, has all along felt as and better identified as male.  With the consent and encouragement of her partner (the other party) our client begins to go through sexual reassignment.

Eventually, a doctor gives our client the all clear, declares him male.

The couple go to a Probate Court in Georgia and obtain a marriage license listing our client as husband to be and the other party as wife to be.

The couple have a formal, religious ceremony in Georgia and become husband and wife.

As couples some times do, down the road this couple parts. The other party files an annulment contending that the marriage cannot be legal since it was a same-sex marriage.  We file a counterclaim for divorce contending that the marriage is valid because it is none of the government’s business to say otherwise.

The Court just issued it’s order: “Accordingly, upon consideration of this case, upon evidence submitted as provided by law, it is the judment of the Court that a total divorce be granted…”

So like I said, huge news.  A sea change in Georgia. Transgender marriages are recognized in the State of Georgia! You can put that one in the record books.

What’s next, same sex marriages?  You bet!  And we are well ahead of the game on that one, too.

But that’s not all to our story.  I’ll have to leave part B of this big story (the story of the child) to another post.

Stay tuned. Stay very tuned.

Michael Manely