Property Rights In Washington State

You’re going to have to read this one to believe it, folks. I’ll give you the outrageous highlights here, but put up with the invasion of privacy to register with the Spokesman-Review so you can read the article in its entirety.

Pregnant Woman Can’t Get A Divorce

A Spokane woman wants to divorce her abusive husband but a retiring Superior Court judge won’t allow it while she is pregnant.

The case pits a first-year attorney who believes that state law clearly allows any couple to divorce if neither spouse contests the action against a longtime family law judge who has one week left on the job. Judge Paul Bastine says case law favors the rights of the unborn child over the woman’s right to divorce.

To complicate the case even more, the mother, Shawnna Hughes, claims in court records that her husband is not the father of her unborn child.

“It’s not the child’s fault that mom got pregnant,” Bastine said. “The answer is, you don’t go around doing that when you’re not divorced.”

The gist of the story is this: a young Spokane mother of two, after years of abuse, finally worked up the courage to have her husband charged with domestic violence. He was convicted, and sentenced to one year in jail. While the abuser was safely incarcerated, she filed for divorce, which was uncontested, and the divorce was approved by the Court Commissioner Pro Tem on Oct. 26. The following day, her lawyer received a call from Judge Bastin, informing her he was vacating the divorce.

You see, after she filed for divorce, but before it was granted (while her husband served his sentence), the woman became pregnant in a new relationship. Because she received state assistance to provide for her children while her ought-to-be ex-husband was in jail, Deputy Spokane County prosecutor Mary Valentine was appointed to look after the state’s interests in the case. Apparently concerned that the state might end up having to pay for the pregnancy, she ran tattling to Judge Bastine, who promptly intervened and canceled the divorce, effectively returning ownership of the abused woman (and her unborn child) to her abuser. According the this Judge, she cannot have her divorce until after the child is born, at which time he has the right to fight her for custody of the child.

Yeah, better that than take the chance she’ll end up on welfare and cost the state a dollar or two.

Meanwhile, the judge is retiring next week and any repercussions will no longer be his problem. This has the potential to be a huge case, and I urge everyone to speak out on this woman’s behalf. I’m working on finding other avenues of protest, but you can start with these:

Paul A. Bastine, Judge
Superior Court
1116 W Broadway Ave
Spokane, WA 99260-0350
Phone: 509-477-5717
Email: dept8@spokanecounty.org

Steven J. Tucker
Spokane County Prosecuting Attorney
Spokane County Attorney’s Office
Public Safety Building, 1st floor
1100 West Mallon
Spokane, WA 99260
Phone: (509) 477-3662

The county, claiming that it fears spam, refuses to give out any other email addresses, referring all comment to an online form. Please, folks, if this seems wrong to you, call, write, fax, email … but make yourself heard. I’ll keep you posted on any new developments.

Expressions of support can be sent to:

Terri Sloyer (the woman’s attorney)
Center For Justice
Community Building, Suite 300
35 W. Main Street Spokane, Washington 99201
phone: (509) 835-5211
fax: (509) 838-3867

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