Legal Question in Family Law in Massachusetts

My question has to do with the laws regarding marriage. In 2004, I married a woman in a same-sex ceremony. Now, there is an issue with our marriage license which I hadn't considered before. She had been married previously to a man, but he died before we took our vows. On our certificate, she listed herself as single and it being her first marriage. Both of us thought this was fine since it was the first marriage of this type being a same-sex marriage and also the first in the state of Massachusetts since she was previously from New Jersey. The other issue is I'm planning to undergo Gender Reassignment Surgery which will turn me from female to male and therefore making this not a same-gender marriage anymore. Additionally, we have been living separated for about a year. Here's my question. Based on all these facts, does this invalidate our marriage license?


Asked on 5/18/17, 5:59 pm

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Despite the minor defects that you point out, you are validly married. The two of you went through a marriage ceremony in good faith intending to be married. As such, you are married. Information about number of marriages is not required to make a valid marriage. It is for statistical purposes. Change of gender after marriage does not invalidate the marriage.

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Answered on 5/19/17, 6:55 am


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