marsha_963's picture

I have heard that some counties/states deny divorce to a pregnant woman. Is it true that you may not get divorced if the female is pregnant?

Posted September 11th, 2010 by marsha_963
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Xanadu's picture
Posted September 14th, 2010 by Xanadu
Level 1 Novice
Answer

There are many states who have legislation about denying a divorce while the wife is pregnant. Furthermore, the federal law is very unclear about this. While there have been some cases taken to a federal level and won they were not won in a way that created an overall statute because if the specific details in each case and the way the judges have ruled.

Learner's picture
Posted September 13th, 2010 by Learner
Level 1 Novice
Answer

Technically in the state of Arizona and the state of Ohio the court can deny a divorce on the grounds of the wife being pregnant. Not all judges will deny a case based on that but some counties do. For example, Athens County, Ohio will deny a divorce to a pregnant woman in every single case.

AnswerGuy's picture
Posted September 11th, 2010 by AnswerGuy
Level 1 NoviceLevel 2 IntermediateLevel 3 Gifted
Answer

I believe the only known case where this happened was in the State of Washington, big suprise. Where a woman Shawna Hughes was denied the right to divorce while she was pregnant. However the ruling was quickly overturned by the court of appeals based on the fact that it would violate the equal rights amendment, which prohibits discrimination based on sex.