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Maricopa County, Arizona (CNN) - He became famous as the "pregnant man"...
Now, Thomas Beatie wants a divorce, but a judge may not be able to grant it.
Beatie and his wife Nancy were in court this week, fighting for custody of their three children.
Thomas started life as a woman and had three children, but has been living as a man since the late '90s.
His wife of more than a decade, Nancy, legally adopted the kids.
Now, the two are headed towards divorce and want the court to decide who will keep the children.
"We went through a lot. They witnessed domestic violence with Nancy hitting me and episodes of her intoxication.
"It's definitely hurting me again," Nancy told the judge. "He's done everything to try to make me struggle and this is making me struggle."
The judge in this case is questioning whether this union is a same sex marriage...
If so, a divorce may not be granted because same sex marriages aren't recognized in the state of Arizona.
A decision by the court is expected later this month.