'Are we still married if my husband becomes a woman?"

Posted by William H. Sherman on Jan 11, 2015 | 0 Comments

Question: I feel so dumb.  I should have known that my husband was gay.  But I didn't see all the clues.  Finally, he had to tell me.  I should have known because I caught him trying on my dresses, he hung out in gay bars in Atlanta, he always wanted to borrow my Cosmopolitan magazine, sometimes he'd put on lipstick and he listened to gay man music.

But he always had an excuse.  He said he was wearing the dress so he could get a good idea of what I liked for a gift; he said he only went to gay bars because he liked the way they make drinks; he said he read women's magazines because he was doing research for work; he said needed lipstick because his lips would easily chap; and he told me there was nothing strange about a straight man having every record of Celine Dion, Cher and Michael Buble.

The other night, after we had a few fruit-infused vodka drinks, he told me he wanted to be a woman.  He said he wanted a sex change operation.  I really wanted to talk about it but he just got angry and told me to leave the room so he could watch a Brad Pitt movie.

Since we live in Georgia and Georgia does not have same-sex marriage, I'm worried that if he becomes a woman then we will no longer be married.  I'm so confused.

I need to know if my husband has surgery to become a lady will that end our marriage? Does Georgia need gay marriage so that I can remain married?

We live in Alpharetta.  I'm a store manager at North Point Mall and he works for a company off Windward Parkway.

T.A. in Alpharetta

Answer: Your question is one that we receive about once a month or more.  Since Atlanta is a major metropolitan area, we get a lot of inquiries regarding gay issues.

The answer to your question is that your husband's gender reassignment surgery will not void, rescind or end your marriage.  When you were married you were a woman and he was a man.  He cannot take unilateral action to summarily end the marriage.  The marriage can only terminate with a lawful divorce.  So do not worry, your husband's actions will not, in and of themselves, end your marriage.

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William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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