"In the most basic sense, the courts have said that you are what you're born as," said Chad Ellis, the attorney representing Thomas Araguz's mother, Simona Longoria. "In this case, Nikki was born male. So because Nikki is and always will be male in the state of Texas, the marriage is void as a matter of law."
The case currently is making its way through the legal system and it could be several months before a decision is handed down.
While the issue of what exactly Thomas Araguz knew about his wife's history may have little legal relevance, for the two sides locked in this battle, it seems critically important.
Longoria insists her son was blindsided by the revelations that came out of the custody deposition. But Nikki Araguz argues just as passionately that she had no secrets from her husband and that this case is about basic civil rights.
"This is all about my husband being gone from me and the equal right of mine and Thomas to be married," she said. "That's what it's all about."