Attorneys representing Thomas Beatie, the so-called 'Pregnant Man', will hold a news conference Tuesday.
Last week, Beatie's request for a divorce from his wife Nancy was rejected by a Maricopa County judge.
The Phoenix resident was born a woman and later changed his name and became a man. He also received a new birth certificate, social security number and passport.
Beatie married Nancy in Hawaii and in early 2003 became pregnant because Nancy couldn't have children.
The couple now has three children.
A judge rejected the divorce citing the marriage cannot be legally dissolved because it is not recognized in Arizona, calling it a same-sex marriage.
The judge said the Beaties never provided records to fully explain what Thomas Beatie had done to become a man and noted Beatie halted hormone treatments so he could remain capable of getting pregnant.