Legal Question in Family Law in New York
Sex Change Regarding Legal Marriage
Is Marriage ''Legal'' in NYS if born a woman, and a ''promised'' complete sex change to a Male is started but NOT completed? Marriage License shows ''Male''! Before Wedding took place ''promised'' sex change to a 'male' was started [ outside NYS in Mexico ] and was to be ''completed'' at a later time. Wedding took place and Marriage License shows ''Male''.... but sex change to Male has still not been completed after 7 years. Couple has since been Divorced. Mother and two children from previous Marriage are now going through a ''Mediation'' procedure.
Could this Marriage have legally been performed? Minister-Lawyer-Wife's Parents were unaware of the above until the Divorce. What 'Recourse' does the wife have at this point in the Mediation Procedure?
1 Answer from Attorneys
Re: Sex Change Regarding Legal Marriage
The reqwuirement that marriage be between a man and a woman is a legal requirement. The issue is the legal status of the parties at the time of the marriage.
If the (female to male) person was legally a female at the time of the marriage, then the marriage may be 'annulled'. There was no legal marriage.
Promises of future action are not recognized by the law when the issue is 'legal status'.
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