Legal Question in Civil Rights Law in Florida

Transgender
Does Florida recognize common law marriages beginning in the state of Colorado?
Does Florida recognize that same common law marriage if one of the parties receives a sex change operation making both of them the same sex?
If someone receives a sex change operation do they legally become the sex they changed to?

Asked on 4/01/09, 11:48 am

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Re: Transgender

I believe that Florida will recognize a common law marriage valid in another state.

Kantaras v. Kantaras

884 So.2d 155

Fla.App. 2 Dist.,2004.

July 23, 2004 (Approx. 6 pages)

Holdings: The District Court of Appeal, Fulmer, J., held that, as matters of first impression:

(1) law does not provide for or allow postoperative female-to-male transsexual person to marry a female;

(2) marriage between wife and her husband, who was a postoperative female-to-male transsexual person, was void ab initio; and

(3) any marriage that is not between persons of the opposite sex, as determined by their biological sex at birth, will be invalidated.

Answered on 4/02/09, 12:06 pm

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