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LawTalk, Attorney and Counselor at Law
Category: Family Law
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Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am an active duty soldier and my husband is a civilian. He

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I am an active duty soldier and my husband is a civilian. He lives in michigan and I am stationed in washington. I am pregnant and want to file for divorce, he is willing to sign away all rights/deny paternity. Can my divorce be filed and finalized before I give birth? (Asking for legality not time constraints)
Good morning,

I'm Doug, and I'm very sorry to hear of your situation.

First of all, thank you for your service to our country.

In 2005, the WA Appeals Court looked at this precise issue, and held that it is improper to deny a divorce to a woman solely on the basis of pregnancy. The Court ruled that the state cannot deny a pregnant woman the right to file for divorce because the state’s Equal Rights Amendment “absolutely prohibits discrimination on the basis of sex.”

So your pregnancy in the state of WA is not an impediment to having the court issue a divorce decree to you.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

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