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The family court system in Michigan is designed to handle divorces between individuals without the need for having to state any fault or cause for the breakdown of the marriage.  All one really has to say is that there has been a breakdown of the marriage to the extent that the bonds of matrimony have been destroyed and there is no reasonable likelihood that they can be restored.  In some cases where one of the parties to the marriage is transgender and has transitioned from male to female or from female to male, this can cause the bonds of matrimony to breakdown and a divorce may be necessary for both parties to move-on with their lives. 

This blog is written to broadly address whether a transgender individual that has transitioned to another gender may change their legal name and gender marker as part of a divorce.  If you have specific questions, please contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.

If I Am Transgender And File For Divorce In Michigan, Can I Change My Name And Gender Marker As Part Of The Divorce?

The short answer to the question is yes, you can.  This is something that I have done in Macomb, Oakland and Wayne Counties where the judge's have accepted provisions that I have included in judgments of Divorce which state that the legal name of the person shall be changed as well as their gender marker on birth certificate, state-issued ID, social security records and passports.  Once the judge signs the judgment of divorce it is as enforceable as any other provision in a judgment of divorce, this means that you can take the judgement of divorce to the appropriate agencies, submit a true-copy of the judgment and the agencies will have to follow what the court has ordered.

This has actually been true for much longer than Michigan has accepted same-sex marriage or been forced to accept same-sex marriage in this State.  The statutory law that covers divorce has stated for decades that either party may change their name as part of a divorce.  The relevant statute indicates in general that regardless of gender, either party may request to have their name changed so long as the name change is not done to avoid creditors or to avoid criminal prosecution.  The statute states in particular that either party may change their names to restore a previous name (like a maiden name) or to any other name they wish.  While it does not directly address the gender marker issue, most judges in Oakland, Macomb and Wayne Counties appear to agree that if a person wants to change their gender marker as part of the name change, that is included under the umbrella of this particular legislation.

If you or your spouse is transgender or transitioning and you are considering a separation or divorce, please do not hesitate to contact us to schedule a consultation to discuss how we can help you through the process by clicking on this link or calling (248) 608-4123.