Pregnancy Causes Delay In Divorce

By Christina Rentz

Published on August 08, 2005

Shawna Huges served Carlos Hughes divorce papers in 2004 while her husband was completing a one-year prison sentence for domestic violence. Carlos Hughes did not dispute the divorce.

The original divorce papers made no mention of a pregnancy. In March 2005, Shawna amended the papers to reveal her pregnancy, noting Carlos was not the father. Neither Carlos nor the state welfare department was given copies of the amended documents.

At the time of the divorce, Washington state law stipulated that the paternity of the child must be determined prior to the divorce so that the state can decide who should pay child support. State welfare officials claimed the divorce might make it difficult to ascertain the father's identity for the repayment of welfare child support funds.

The judge's ruling outraged many civil liberties and women's rights groups, who intervened in the case after the first ruling. These groups argued a woman should not have to stay married just because she is pregnant.

The case prompted a change in state law. The law now explicitly prevents any judge from delaying or denying a divorce solely because the woman is pregnant.

The Hughes divorce case is still pending.

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