Legal Question in Family Law in Texas

Marriage

If a partner decides to change their sex (i.e. male to female) and they are married is the marriage still legal in the state of Texas? Does the couple have to go through a divorce?


Asked on 4/19/07, 9:28 pm

1 Answer from Attorneys

TC Langford Langford Law Office

Re: Marriage

After very brief research, I did not find caselaw on point. I would advise, however, that the marriage is still legal, and the couple would have to divorce if they wanted to split up. My reasoning being that the state of marriage was a legal entity, and a medical procedure does not automatically reverse a legal process. Additionally, the statutes provide for only three methods of dissolving a marriage - annulment, divorce and death. (and the alternatives under a commonlaw marriage).

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Answered on 4/20/07, 6:26 am


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