Divorce While Pregnant

admin Divorce And Children Leave a Comment

Pregnancy can be a stressful time for both the mother and the father. If the couple is unhappy and decides to end the marriage, the stress will be multiplied. In some cases, divorce during pregnancy is not even possible.

DivorceKnowledgebase.com can help connect you with a local lawyer for a free case review.

Some states prohibit divorce during pregnancy, and some do not. In addition, other states allow a spouse to file for divorce during a pregnancy; however, the divorce cannot be finalized until after the birth of the child. Individuals who are considering divorce during a pregnancy will want to find out about their state’s laws regarding divorce while pregnant.

How does pregnancy affect divorce issues such as child support and custody?

A couple could pay for the divorce fees during the pregnancy and then – after the child is born – find out that they will have to pay modification filing fees. Once a new child enters the picture, many sections of the divorce agreement, such as visitation arrangements and child support payments may need to be adjusted.

There are additional complications that pregnant-divorcing couples face. For instance, some states will permit a couple to divorce while pregnant, but the child will be considered the father’s legally. This is true even though the baby may have a different biological father.

What is the reasoning behind the laws?

In many states, the reason to delay divorce is to avoid having to go back and re-do most of the divorce agreement to account for new custody arrangements, child support payments and issues regarding paternity.

Alabama is one state that does permit divorce during pregnancy. In the states of Georgia and Mississippi, a husband may be granted a divorce if his wife becomes pregnant without his knowledge.

The state of Washington changed its laws regarding pregnancy and divorce in 2005. The bill that was passed into law was inspired by the case of a Spokane woman whose divorce was revoked by a Spokane County judge because she was pregnant. The judge was following Washington state law that stipulated that a divorce cannot be granted until after the child is born and paternity can be established.

The public discovered that the woman was trying to escape an abusive husband. The resulting public outcry against the law prompted the reversal.

Many experts stress the need for legal counsel to navigate the complexities of a divorce during a pregnancy. A divorce lawyer may know a great deal about a state’s laws and may advise a spouse how to protect his or her interests during a divorce. In states that allow pregnant couples to divorce, a lawyer might advise the couple to wait.

Alternatives to divorce while pregnant

If a person’s state does not allow divorce during pregnancy or the spouses agree that they want to wait in order to avoid the additional expense of amending their divorce decree, there are some alternative options that they might want to explore.

One option might be moving into separate residences. A couple can begin laying the groundwork for a future divorce by seeking a physical and legal separation. Some states require couples to have lived in separate homes for a specific period of time prior to a divorce.

Another approach may be filing for divorce but waiting until after the birth to finalize it. In many cases, it can take several months to finalize a divorce agreement. Depending on the couple’s circumstances, it may be advantageous to begin the process during the pregnancy and resolve it after the baby is born.

If mediation is a possibility, it might make sense to start the mediation process with the aim of completing the divorce agreement after the child is born. In anticipation of the new child, support and visitation arrangements may be tentatively agreed upon prior to the birth.

DivorceKnowledgebase.com can help connect you with a local lawyer for a free case review.

adminDivorce While Pregnant

Leave a Reply

Your email address will not be published.