Anyone who has ever been divorce can tell you that the process gives rise to a number of unanticipated obstacles. All marriages are unique and many become quite complicated. If you are a transgender individual, you can likely expect to face a number of unique challenges as your end your marriage. 

The following will review some of the most common challenges that members of the trans community face when navigating the divorce process. 

Coming Out as Transgender to a Spouse

Changes of any sort can place stress on a marriage. Revealing to your spouse that you are trans can be an overwhelming experience for both parties. Spouses sometimes interpret such news from a partner as reflective of unhappiness with the spouse or the marriage. It is understandable but almost always painful when marriage cannot last due to this revelation in gender identity

In situations in which a transgender spouse has come out and the other spouse does not support this decision, sometimes divorce is the best option for the couple. In other cases, one or both spouses might decide to pursue counseling as an option prior to obtaining a divorce. 

Turning Transgender Identity Against a Spouse

In many divorces, couples attempt to remain civil to one another. Quickly, however, the divorce turns into one or both spouses using a person’s behavior and personality against them. 

When divorces occur involving transgender spouses, it is sometimes the case that one spouse will use this identity against the transgender individual. Some spouses even go so far as to argue that a transgender individual’s influence will harm the couple’s child. While many already know this, there is no indication that transgender identity in a parent will harm a child. 

Unfortunately, while they may not outright say so, some judges in Georgia still have a bias against transgender parents. Consequently, a judge might make a decision against a transgender individual regarding custody. 

Even if a couple has not had children, there are a number of other challenges that transgender individuals might face in divorce. For example, judges might refer to a transgender individual with the incorrect pronoun. 

In other situations, a transgender person’s identity might be revealed to the greater public when the individual actually wanted this information to remain private. Sometimes a spouse attempts to argue that a marriage should be annulled rather than a divorce granted because the spouse was not forthright about their gender identity prior to the marriage. 

Speak with an Experienced Family Law Attorney

Divorce is easier for transgender individuals than it once was, but it is still far from an easy process. If issues associated with gender identity are part of your divorce, it is critical to obtain the assistance of a compassionate attorney who understands how to best navigate this process. 

Contact Vayman & Teitelbaum, P.C. today to schedule a case evaluation.