Filing For Divorce While Pregnant: Three Essential Considerations
People have different opinions about divorcing while pregnant. If you have decided that this is what you want to do, then you should use the tips below to make the process hassle-free:
Understand Your State's Laws
First, you should recognize that it's not all up to you whether or not you divorce while pregnant. First, recognize that you lucky if you live in a state that doesn't consider pregnancy an issue during divorce. Some courts (such as most courts in Texas) allow you to make the filing, but not to finalize the proceedings until after the birth of the baby.
Some jurisdictions (such as the state of Florida) may not even allow you to file for divorce if you are pregnant. A quick research or consultancy with a lawyer will help you know where your state stands on the issue.
Talk With Your Spouse If He Is Not the Biological Father
If your spouse is not the biological father of the baby, then you should consider his intentions with the baby. For example, is he planning to recognize the child as his? This is important because if the baby is born after the divorce, then he is not considered the legal father of the child. If you want him to be the legal father, then he may have to go through the Recognition of Parentage court process after the divorce and birth of the child.
Of course, this also depends on your state's laws on paternity. This may seem like a simple issue while going through divorce, but it has far-reaching legal implications. There are legal rights that legal fathers have that other parents may not have. For example, he may have limited or no visitation rights with the child.
Agree on Child Support and Custody
If you decide to go ahead with the divorce, you should discuss and agree on the child support and related issues even if you finalize the divorce before giving birth. Without any unusual circumstances (such as a history of child abuse on your part), you will have custody of the newborn and visitation rights of the father will be restricted. However, you are not only planning for the life of your newborn but also for his or her whole childhood.
This makes a child support agreement during this time is a time-saving and cost-cutting measure because if you don't make an agreement at this time, then you will have to do it when the baby is born. That is another emotional roller-coaster and financial strain that you can avoid.
As you can see, divorcing while pregnant is very different from divorcing while not pregnant. Even if you were considering a pro se divorce (divorcing without a lawyer), you should hire an attorney once you learn that you are expecting a child. If you can delay the divorce until after delivery, then the attorney will help you to do it properly. For more information, contact a firm such as LaCroix & Hand PC.
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