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Guardian can file for divorce; sex-change operation did not nulllify Michigan marriage

Devon Pearl Burnett's children, her Guardians, sued for divorce from her husband Bobbie Eliza Burnett.  Devon suffered from dementia and had been brought back to live with her daughter in 2005.  Her husband, Bobbie, had undergone a sex-change operation and resided in another state.  Bobbie contested the divorce action, arguing that the Guardians lacked standing to file and that, in any event, Michigan did not recognize same-sex marriages, thus nullifying the divorce at the time of the sex-change.

The Court rejected both of the husband's arguments.  Since the marriage was between a male and female at the time of the nuptials, it remained valid and granted jurisdiction to Michigan courts.  Similarly, the Guardian enjoyed full legal standing to assert or defend Devon's legal rights.

Thompson O’Neil, P.C.
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