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If you are married and transitioning gender it can unfortunately lead to the breakdown of your marriage.  I have worked with many people in the LGBTQ+ community over the years and understand that this is a difficult reality one has to face.  This blog is written to very generally address the question of how the courts in Michigan; specifically, Oakland, Macomb and Wayne Counties, will handle a divorce case if one of the parties to the divorce is transitioning gender.  If you have questions regarding your own specific situation, please contact us to schedule a consultation by clicking on this link or calling us at (2348) 608-4123.

Will The Court Treat Me Differently In a Divorce In Michigan If I Am Transitioning Gender?

The answer is no, the court should not treat you or your divorce any differently than any other people going through a divorce.  The judges in Oakland, Macomb and Wayne Counties in my experience have been very respectful and understanding of the situation and do their best to treat the people going through the difficulties of divorce with respect and understanding.  Therefore, like a typical divorce, one of the spouse's must file what is known as a complaint for divorce in the county where jurisdiction lies in order to start the case.  Jurisdiction lies with Michigan if either spouse has resided in the State for at least 180 days immediately proceeding the date of filing for divorce and venue lies within a particular county if either party has resided in that county for at least ten days immediately the date they file the complaint for divorce.  If there are children, jurisdiction is determined by which state the children have resided in for the last 180 days and venue is determined by which county they have resided in for the last ten days immediately the filing of the complaint for the divorce.

Property will be categorized as marital or separate.  Marital property is generally anything, money, property, etc., that is earned, purchased, obtained or accumulated during the time the parties are married.  Separate property consists of specific types of property that will be considered the separate property of one spouse.  Then the marital property is divided equitably between the spouses - that means it is divided generally equally and the separate property is awarded to whom that property belongs  The same is true with any debt accrued by the spouses during the marriage regardless of which spouse incurred the debt except in certain specific situations.  Alimony is a consideration in some cases and in those cases, the main issues are the length of the marriage, the actual incomes of the parties, the education levels of the parties, the age and ability of the parties to earn income as well as a variety of other factors.

Child custody, parenting time and child support will also have to be decided if children are a part of the marriage and both parties have established legal parentage of the child.  Assuming this is true, then your sexual orientation or the fact that you are transitioning genders should not be taken into consideration when determining custody, parenting time and child support.  In most cases these days, the courts tend to grant joint custody and equal parenting time to both parties regardless of sexual orientation or gender transitioning.  Child support is determined by a formula that includes a variety of factors, mainly the incomes of the parents and the number of overnights each parent has with the child.  The parties also can generally decide how to handle these issues between themselves and as long as the attorneys prepare the proper documentation, the court will go along with the decision of the parents.

This blog is written to generally address these questions.  If you are transitioning gender or your spouse is transitioning and you have questions regarding family law, divorce, separation, a post-nuptial agreement or other similar concerns, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling us at (248) 608-4123.