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August 04, 2005
Divorce Delay Upheld
Last year, a Washington state judge created an uproar when he rescinded a divorce decree because the woman lied about being pregnant. Now the state appellate court has upheld his decision.
The appeals court ruled Spokane County Superior Court Judge Paul Bastine was correct in vacating the divorce order because Carlos Hughes and the state had not been properly notified of Shawnna Hughes' pregnancy.
"Requiring Ms. Hughes to fairly give due notice and an opportunity to be heard to Mr. Hughes and the state will cause delay," the appeals panel wrote Tuesday. "But, just delay is not justice denied."
The learned opinions of the ACLU & women's groups aside, the court is correct. The wife lied in her pleadings, and did not give proper notice to the husband or to the state. The divorce should not have been granted under those circumstances. While she certainly has a right to get a divorce, it's not all about her.
The husband has a right to have the issues of paternity, child support and visitation determined. The state, because the wife was receiving welfare, has a right to have the issues of paternity and child support determined. And then there's the unborn child, who arguably has similar rights to be determined.
All of these issues can be settled relatively quickly once the child is born. The judge merely delayed the divorce until that time. As he should have.
If I remember correctly, the husband was eventually found not to be the father of the child in this case. If that's true, it's hard to have much sympathy for Ms. Hughes, who could've avoided this entire mess by simply keeping her pants on until her divorce was final.
Simple, but effective.
Posted by Rita at August 4, 2005 03:49 AM