Phoenix 8/14/2012 4:13:22 AM
News / Law

Pregnant Man’s Divorce Delayed While Judge Mulls Legitimacy of His Marriage

In 2007, Thomas Beatie, a transgendered man who became pregnant made headlines. But now he is in the news again, this time because of his impending divorce.

Thomas married his wife Nancy in 2003, and four years later through artificial insemination he became pregnant, creating media frenzy. The couple had a total of three children together and married as a man and woman.

The marriage didn’t last because Thomas alleges Nancy abused him when she was drunk and he recently filed for divorce. But getting a divorce has proven to be problematic for the couple. 

Even though Thomas’ birth certificate and passport state his gender as male, a judge is questioning the legitimacy of his marriage, stating he is part of a same-sex union which is illegal in the state, according to the Huffington Post. The judge said that since Thomas had a vagina at the time of his marriage he wasn’t legally married in the first place.

In May, Thomas was granted full custody of their three children because he was able to provide video footage of his “wife’s” abuse. At the time his attorney, David Michael Cantor said, “Mr. Beatie is thrilled that this Court has recognized that a transgendered marriage is a valid marriage under Arizona law.”

However, the judge in his divorce case has decided to that he isn’t sure that has the authority to make a decision about the case. It’s unclear what happens to the Beatie’s case at this time, but it will likely move to a higher court and become another battle in the same-sex marriage debate.

Child custody is one of the primary issues in many divorces. The parties involved find it necessary to hire divorce lawyers to help them settle this issue fairly with the children’s best interest in mind.