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01/01/05 Camera: Digital: Kodak DX-4330


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U.S. National - AP
AP
Wash. Judge Nixes Pregnant Woman`s Divorce

Fri Dec 31,10:23 PM ET

Add to My Yahoo! U.S. National - AP

SPOKANE, Wash. - A judge has refused to grant a divorce to a pregnant woman trying to leave her husband two years after he was jailed for beating her, ruling instead that she must wait until the child is born.

Shawnna Hughes` husband was convicted of abuse in 2002. She separated from him after the attack and filed for divorce last April. She later became pregnant by another man and is due in March.

Her husband, Carlos, never contested the divorce, and the court commissioner approved it in October. But the divorce papers failed to note that Hughes was pregnant, and when the judge found out, he rescinded the divorce.

"There`s a lot of case law that says it is important in this state that children not be illegitimized," Superior Court Judge Paul Bastine told The Spokesman-Review newspaper on Thursday.

Hughes` attorney, Terri Sloyer, said nothing in state law says a pregnant woman cannot get a divorce.

"We don`t live in 15th-century England," said Sloyer, who has appealed.

Under Washington state law, a husband is presumed to be the father of any child born within 300 days of a divorce. The judge argued that the paternity of the child needs to be determined before a divorce can be finalized.

Hughes has stated in court records that her boyfriend is the child`s father, and that the judge`s decision prevented her from marrying him.

"She has the right to divorce and be free to marry whoever she wants," Sloyer said. "It`s about the choice, the fundamental right to choose."

Guestbook

pcdoc @ 2005-01-01 14:17 said:

The system of checks and balances was meant to keep the judicial arm of government independent of the religious right wing executive arm, not a tool of the religious right wing. Why can`t people see the constitution being shreded by the wreckless actions and bullying of King George II of the USA. Goodby, American Dream.

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all_one @ 2005-01-01 15:13 said:

unbelieveable!!!!
the judicial system scares the hell out of me sometimes......wait,,,,,,,, a lot of the time!!!!

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grahambo @ 2005-01-02 00:12 said:

What a country we live in.........JK

I hope you year starts out well and remains so....

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sanzen @ 2005-01-02 07:34 said:


Strange story.....but I think legal systems are always behind the social progress....laws are made when things have already changed.....so they will always appear to be archaic.....and behind the times....people have to struggle to make law makers budge and open their eyes to see the cahnges taking place in society....

Re:...These girls are different...this one was when I was having coffee near the lake....and the other one when I just came out of my room and saw someone sitting in the door of her room, reading and avoiding the direct sun on face....:)...its quite cold here these days....around 15 - 10 degrees C....:)

Nice day dear Jon


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jgf527 @ 2005-01-02 09:20 said:

the good, the bad and the ugly.

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zimnoch @ 2005-01-02 13:32 said:

i was reading how some skools in USA are becoming anti-Darwin...........I mean Bush is (very closely ) decended from monKeys.So what`s his beef?

The kids I used to Nanny for are back for the weekend and I have them over night tonight. So they are in my bed and I am on the floor studying. They are both sound asleep right now! AH heaven my heart is complete when they are with me. I love them and miss them so much. The cliff notes version on Jack and Sarah. I have been watching them since they were 1 and 3 and they are 7 and 5 now. I saw them just about everyday except for holidays and a week for vacation from the time I meant them until they moved in August of last year. Their mom and dad were our closest couple friends who happened to live next door and who got divorced at the same time as C and I. We used the same attorneys and our lives were eerily similar when it came to divorce. Long story short I am just so happy they are here tonight with me. I will spend my spring break with them next month as well. I try to get to Pittsburg about once a month to see them. Oh and did I mention I lived with them this past summer when all of us were going through hell. Jack and Sarah were my buddies we did everything from going to Atlantic City to the Mall to Bounce U and more. You name it we did it together!