There has been a new development in the interesting divorce case occupying one Arizona Court. The case is about a woman who underwent a sex change to become a man, and then married a woman legally in another state and had three children during the marriage. The couple then relocated to Arizona. They are now seeking a divorce in an Arizona court. The complicated family law issues presented by this unique case are now once again in the headlines.
It now appears that the Arizona judge presiding over the case is about to make a key determination regarding whether the marriage involving a transgender person is actually a same-sex marriage. If the judge determines that it is, he will then likely hold that the court has no jurisdiction to consider the divorce filing, due to the fact that Arizona does not recognize same-sex marriages. The case is scheduled for trial at the end of this month. Due to the nature of this case, and the long lasting results that it could generate, if the judge rules that he does not have jurisdiction to consider the case, it is likely that this ruling will be appealed.
As society becomes more accepting of transgender individuals, it will be interesting to see how the courts interpret these complicated legal issues. The judge that is presiding over the case is expected to issue a final order regarding the issue of parenting time. Other issues, such as child support, may also be decided shortly. However, issues such as equitable property distribution may need to be addressed in a civil court the way they would for unmarried couples.
No matter what the nature of the case, all family law matters can be quite complex and challenging to navigate. It is essential to the right information beforehand in order to obtain the best possible result.
Source: huffingtonpost.com, "Pregnant man Thomas Beatie's Divorce stalled," Dec. 31, 2012