Author Topic: married before srs/gender id change.  (Read 4291 times)

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koolstacy

married before srs/gender id change.
« on: June 04, 2010, 01:06:46 am »
I been married for over 15 years my wife supports this m2f
But this state has no same sec marriage. My question is when I Have my gender change on my ID will that end the marriage or will the marriage end after srs surgery? Myself wife
said we will always been together even if marriage is no longer valid.

Offline kyril

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Re: married before srs/gender id change.
« Reply #1 on: June 04, 2010, 01:23:07 am »
I'm not aware of any precedent for a change of sex invalidating an existing marriage.



Chrissty

Re: married before srs/gender id change.
« Reply #2 on: June 04, 2010, 02:37:56 am »
I'm not aware of any precedent for a change of sex invalidating an existing marriage.

Kryil I know this doesn't affect Stacy, but it's a legal requirement to divorce in the UK before the state will recognise your gender... you can then re-marry but only as a civil parnership.... I just hope the USA lobby doesn't use us a precedent in the future.

Chrissty

rejennyrated

Re: married before srs/gender id change.
« Reply #3 on: June 04, 2010, 02:57:34 am »
Kryil I know this doesn't affect Stacy, but it's a legal requirement to divorce in the UK before the state will recognise your gender... you can then re-marry but only as a civil parnership.... I just hope the USA lobby doesn't use us a precedent in the future.

Chrissty
Although David Cameron is on record during the election campaign as saying that he thought that maybe they should consider changing civil partnerships into marriage. In which case presumably that requirement would change.

But to address the original question from stacy it will depend on where in the world you live. The surgery does not, as a rule, end your marriage, but changing your birth certificate, if your country is one of those which allows this, usually would.

Jasmine.m

Re: married before srs/gender id change.
« Reply #4 on: June 04, 2010, 08:12:23 am »
koolstacy,
Are you in the US? If so, the laws on SRS and pre-existing marriages very from state to state. It will also depend on what documents you choose to change (birth certificate and social security, mostly).

My understanding is that at the federal level, if you change your gender on all of your documents, you cannot legally be recognized as married (i.e., file join taxes, enjoy social security benefits, etc) due to DOMA; however, I also understand that this has never been (and likely will never be) challenged in a higher court of law.

Someone feel free to correct me if I'm wrong.

~Jas

Offline LordKAT

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Re: married before srs/gender id change.
« Reply #5 on: June 04, 2010, 08:18:47 am »
koolstacy,
Are you in the US? If so, the laws on SRS and pre-existing marriages very from state to state. It will also depend on what documents you choose to change (birth certificate and social security, mostly).

My understanding is that at the federal level, if you change your gender on all of your documents, you cannot legally be recognized as married (i.e., file join taxes, enjoy social security benefits, etc) due to DOMA; however, I also understand that this has never been (and likely will never be) challenged in a higher court of law.

Someone feel free to correct me if I'm wrong.

~Jas

If true, I would be most happy to change it all just to no longer be married (on paper anyway).

koolstacy

Re: married before srs/gender id change.
« Reply #6 on: June 04, 2010, 08:28:28 am »
I am in California,.and for a short time same sex marriage was was legal until the courts overturned it.  On Monday I am changing the gender on my license from M2F. As far as social security and birth certificate I have to wait until surgery is complete.

Jasmine.m

Re: married before srs/gender id change.
« Reply #7 on: June 04, 2010, 08:38:48 am »
I'm not sure about CA law, but usually changing you name/gender on your driver's license is not enough to change your marital status.

If these matters are truly important you, I would recommend you seek legal council from a lawyer specializing in gender issues before taking any action.

koolstacy

Re: married before srs/gender id change.
« Reply #8 on: June 04, 2010, 08:45:08 am »
It's more of expecting what will then worried, my wife sa id even after my srs and if our marriage is disolved we will live together.   Myself wife already has accepted me as female, she helped me and supported this decision and my friends accepted and is helping me.

Offline cynthialee

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Re: married before srs/gender id change.
« Reply #9 on: June 04, 2010, 08:51:19 am »
I imagine that were you live is the deciding factor.
So it is said that if you know your enemies and know yourself, you can win a hundred battles without a single loss.
If you only know yourself, but not your opponent, you may win or may lose.
If you know neither yourself nor your enemy, you will always endanger yourself.
Sun Tsu 'The art of War'

Offline spacial

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Re: married before srs/gender id change.
« Reply #10 on: June 04, 2010, 09:02:29 am »
This would seem to be an important factor in any decision Stacy.

A wife like yours is a once in a lifetime. The piece of paper saying you're married is a lot more significant than some may think.

For me, my wife is my first thought in everything.

Loneliness sucks.

koolstacy

Re: married before srs/gender id change.
« Reply #11 on: June 04, 2010, 09:07:07 am »
I imagine that were you live is the deciding factor.

In a way location played a small part, I been dressing as a
 female when I was 8 years old.  My insurance agreed to pay for the M2F but the deciding factor was me. When I am forced to wear men's clothing I am not happy and very uncomfortable. My friends has had family that had sex changes.  I did lose 1 friend but that is when you find out who your real friends are.  Deciding factor for me was why keep living a lie

Post Merge: June 04, 2010, 09:35:32 am
This would seem to be an important factor in any decision Stacy.

A wife like yours is a once in a lifetime. The piece of paper saying you're married is a lot more significant than some may think.

For me, my wife is my first thought in everything.

Loneliness sucks.

Thank you my wife is right about one thing,"you need to stop living a lie" you been wanting a sex change for a long time now is the time you're not Getting any younger. My wife is a remarkable lady. Because of her and my true friends I am living as a full time female and so far smooth sailing although From time to time I do get nasty looks

Susanne Pascale

Re: married before srs/gender id change.
« Reply #12 on: June 14, 2010, 05:50:14 pm »
I am an attorney in CA.  I can assure you that your marriage is and will remain legal and valid in CA, so long as both you and your spouse want it to.


koolstacy

Re: married before srs/gender id change.
« Reply #13 on: June 14, 2010, 06:58:07 pm »
Thank you

Post Merge: June 14, 2010, 07:27:47 pm
Y
I am an attorney in CA.  I can assure you that your marriage is and will remain legal and valid in CA, so long as both you and your spouse want it to.

What Is your legal expertise? 

Offline LordKAT

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Re: married before srs/gender id change.
« Reply #14 on: June 15, 2010, 12:55:10 am »
I wish it would no longer recognize the marriage, fact is it is a legal contract and enforceable so no such luck.

Susanne Pascale

Re: married before srs/gender id change.
« Reply #15 on: June 15, 2010, 01:13:16 pm »
Thank you

Post Merge: June 14, 2010, 07:27:47 pm
Y
What Is your legal expertise?

General civil litigation plus I do SOME criminal law, but not much.

koolstacy

Re: married before srs/gender id change.
« Reply #16 on: June 15, 2010, 01:45:41 pm »
U Have a office in socal?

Bam

Re: married before srs/gender id change.
« Reply #17 on: June 15, 2010, 01:48:44 pm »
I live in Fl. and have F on all my ID's and still live with and married to my wife of 41 years and we have no same sex marriage in Fl. but the way it was explained to me was we were married as man and woman which the State/Govt. gave us the license to do,once you are married the State/Govt. steps out of it.The only way that you can divorce is if you as a couple want to,you can not be forced to divorce unless you have done something illegal(like bigamy)if not you actually are in an catch 22 situation with you having the catch 22. I have been told that this is not a can of worms the State/Govt want's to open!! I think their theory is there is not that many of us so we are not worth the trouble anyway!!! ;D

Susanne Pascale

Re: married before srs/gender id change.
« Reply #18 on: June 15, 2010, 01:55:17 pm »
U Have a office in socal?


yes. I have an office near downtown Los Angeles.

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