Legal Question in Family Law in Florida

family law

what is the case of Kantaras vs. Kantaras, 98-5375CA decided by the 6th Judicial District of Florida


Asked on 11/11/07, 3:48 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: family law

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This was a case where the the husband had a sex change operation prior to the marriage with the wife's knowledge. Later the parties divorced after about 10 years of marriage. The case you mentioned was actually a 2nd DCA case. The proper cite is: KANTARAS v. KANTARAS, 884 So.2d 155 (Fla.App. 2 Dist. 2004).

This appeal presented an issue of

first impression in Florida: whether a postoperative female-to-male transsexual person can validly marry a female under the current law of this state. In its decision, the Court said "We hold that the law of this state does not provide for or allow such a marriage; therefore, we reverse the final judgment and remand for the trial court to declare the marriage of the parties void ab initio. The "husband" was denied relief by the court.

Scott R. Jay, Esq.

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Answered on 11/12/07, 10:59 pm


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