An Arizona married transgender man who had a three children is seeking a divorce from the mother of his children, however there is a problem with the divorce. Judge Gerlach questions whether the marriage is actually legal under Arizona law. Since the man was the biological mother of the children was not a male at the time of the marriage, therefore the resulting marriage was a same sex marriage. Arizona does not recognize same-sex marriages. Judge Gerlach is scheduled to issue a ruling by February of 2013, either way this matter is likely heading for appeal. Read the azcentral.com article here.
Judge Gerlach recently dismissed the couples petition for divorce holding that the Court lacked subject matter jurisdiction. In his order Gerlach stated that because the husband, who was born female and underwent partial sex change treatment, was never legally wed under Arizona law and possibly Hawaii law (were the couple wed).
In his opinion Judge Gerlach ruled that his decision was not based on the conclusion that it was a same sex marriage but is compelled by the fact that neither party could prove whether the husband was a transexual male when the couple married.