Transgender individuals can face several important challenges during the divorce process. Specifically, transgender divorce can bring about unique issues related to divorce and child custody. Although the visibility of trans people has increased, many people, including judges, continue to have misconceptions about transgender people.
If you are a trans-identifying individual going through a divorce, you will benefit from working with a compassionate, effective attorney. Attorney Vonda Covington of Covington Law Firm, PLLC, is prepared to help you navigate the unique challenges of transgender divorce in Texas.
Transgender Individuals May Face Bias in the Courtroom
Any time one person in a marriage goes through a significant change, it can stress the marriage. The other spouse may feel betrayed or bewildered. They may experience a wide range of emotions and become defensive or angry. Even when things go well, spouses will need to determine how the relationship will move forward to accommodate the new reality.
Coming out to your spouse as transgender can be a huge, life-altering moment. However, many marriages cannot accommodate the weight of one spouse identifying as transgender. Pursuing a divorce may be painful, but it could be necessary to avoid having to deny, suppress, or hide who you are as a transgender person. In some cases, the transgender spouse wants to transition, but the other spouse does not want them to or does not even acknowledge they are trans. In these cases, pursuing a divorce may be the only viable option.
A transgender individual may face transgender bias in the courtroom. Even under Texas’s “no-fault” divorce process, transgender individuals need to be prepared to refute the claim that a person coming out as transgender justifies awarding the other spouse more spousal support, marital property, or more child custody.
Pushing Back Against Your Trans Identity Being Used Against You in Your Divorce
It is common for one spouse to use the other spouse’s personal traits or behaviors as weapons against them while going through a divorce. This is especially true in child custody cases. Unfortunately, when a transgender person is in the middle of a divorce, their decision to transition may be used as evidence by the other spouse that they are an unfit parent or even that they pose a danger to the children.
However, there is no scientific validity to the idea that because a person is trans or transitioning, they cannot be an excellent parent. However, many people still hold these beliefs. Specifically, judges and lawyers may not be familiar with the facts and current research into trans issues. They may have an unreasonable bias against transgender parents, preventing them from making fair decisions. Transgender attorneys may be unable to advocate for their clients effectively.
Even when the divorce does not involve children, judges may still exhibit bias against transgender individuals. For example, lawyers or judges may refuse to use the individual’s preferred name or pronoun, dehumanizing them and reducing the likelihood of being treated fairly in the courtroom. The trans individual may lose their privacy because the other spouse makes gender identity an issue during litigation.
Child Custody Issues in Transgender Divorce
Although Texas has gender-neutral child custody laws, that does not prevent one spouse from trying to use another spouse’s gender identity as an issue in a custody battle. When a custody dispute goes to court during a divorce, the judge must make custody decisions based on the child’s best interests.
The court will consider multiple factors, including each parent’s relationship with the child, ability to care for the child’s needs, and income. Courts presume that the child should spend valuable and significant time with each parent. Only when a parent is a danger to the child will the court require visitation to be supervised.
Additionally, only in extreme cases will the court deny visitation altogether. In highly contentious divorces, there is a higher probability of false abuse accusations, hiding marital assets, parental alienation, and claims that a spouse’s gender transition is negatively impacting the children. Some judges may unknowingly fall black on unconscious bias and stereotypes. Working with an aggressive attorney who will counteract bogus claims brought by the parent is essential.
No parents should have to fear losing custody of their children because they are living as their authentic gender identity. Attorney Vonda Covington works diligently to ensure transgender parents have the same rights and access to their children as other parents. Although most divorces, including transgender divorces, never go to court, attorney Vonda Covington has extensive trial experience. When a divorce settlement cannot be negotiated out of court, she is prepared to represent your best interests in court. She regularly works with child psychologists, psychiatrists, and other professionals.
Pursuing Fair Treatment as a Trans Person Going Through a Divorce
Before same-sex marriage became legal in all states, some spouses of transgender individuals tried to have their marriage voided or annulled rather than pursuing a divorce. If the transgender spouse transitioned before the marriage, the wife may argue that their marriage was invalid because they were the same sex. This line of argument for divorces and annulments exposed trans individuals to the risk of losing marital benefits and assets. It also subjected them to humiliating, invasive questions about their gender identity. Courtoorms have not fully caught up with the times.
Discuss Your Transgender Divorce With an Effective Family Law Attorney
As hard as it may seem, going through a divorce as a transgender person may be easier in some respects than it used to be. However, even now, if gender identity will be an issue in your divorce, it is crucial to work with an attorney who understands the unique issues you are facing in a transgender divorce.
Attorney Vonda Covington will use her unique skills and decades of experience to insist you are treated fairly and respectfully. Do not hesitate to contact Covington Law Firm, PLLC, to schedule a complimentary case evaluation to discuss your issues in a respectful, confidential, and empowering environment.
