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Transgender Divorce in Florida


When it comes to equity in the United States, the challenges faced by transgender people are immense. Since there are no clear protections from discrimination based on gender identity when it comes to housing, employment, and other accommodations, and because there is clear and rampant discrimination against anyone who is outside the norm, transgender people face discrimination, misunderstanding, and even hatred every day.  While Floridians are legally permitted to change their gender and names on their birth certificates and driver’s licenses, they do have to go through a pretty convoluted process.  Nevertheless, they may legally marry and engage in family life here in the state.

Obergefell v. Hodges 

In the Supreme Court case Obergefell v. Hodges, the court was tasked with determining whether same-sex couples had the right to marry. They found that the right was Constitutionally guaranteed.  That makes the question of trans marriages moot, since gender is a non-issue. In Florida, despite many conservative beliefs, the law recognizes transgender marriages.

Coming Out as Trans 

When couples marry and one person later reveals a desire to transition as a transgender person, it’s likely their partner may feel deceived and betrayed. It’s understandable that they may react with disbelief, embarrassment, and rage at the perceived duplicity of their spouse. The trans partner, too, may experience contradictory emotions–relief at finally being true to themselves, guilt at causing pain for their loved one, anxiety about what the impact will be, love and desire for their marriage. If the couple has children, there will be even more complications as everyone battles with just how to manage the fluctuating reality of the family. Whether the couple chooses to stay together or to split, counseling could go a long way in helping everyone understand one another and move forward in a healthy manner.

Choosing to Divorce 

Without question, there are many misconceptions and fears about trans people in our communities.  Even well-educated people often have a blind spot when it comes to the issues surrounding trans people. It’s not a stretch to imagine attorneys, judges, and others who are entrusted with protecting your rights have battled personal feelings that are negatively related to the LGBT+ community in general and trans people specifically. Bias does exist everywhere, and knowledgeable, committed divorce attorneys will be on the lookout for it on your behalf. Especially when custody and visitation are considered, transgender people may face negative attitudes toward them as parents. Attorneys will likely be forced to refute claims that coming out as transgender was a moral failing or even that it puts children in danger.

Fighting Fair 

It can be difficult to fight fair when passions are high, and while that’s generally the case in a divorce, things can be exponentially more heated when one partner has revealed that they are transgender. At WiseLieberman, our Boca Raton divorce lawyers will try to bring down the temperature and facilitate a smooth process while working for the best possible outcomes for you. To discuss your concerns, schedule a confidential consultation in our office today.

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