Though some people will say that staying in a marriage is what will be best for a baby that has yet to be born, sometimes a divorce may be necessary. If you are currently pregnant while going through a divorce, these are three things that you'll need to consider.
Know What The Sate Laws Are
Different states will have their own laws when it comes to getting a divorce while you are pregnant. For example, Texas will let you start the paperwork for the divorce process, but it is common for the court to not finalize the divorce until after the baby is born. Florida will not allow a simplified dissolution of a marriage while the mother is pregnant. In addition, you may have difficulties with a judge being unwilling to grant a divorce if that is the only factor that is causing you to want one. In Ohio, it is common for judges to delay granting a divorce until after the child has been born.
If the laws in your state are confusing, work with a divorce lawyer in your state that is familiar with how pregnancy plays a role in it.
Issues When Your Spouse Isn't The Child's Biological Father
When your spouse isn't the child's biological father, you must take into consideration their intentions with future involvement with the child. It's possible that he may want to consider the child his own, and in that case, it may be best to get divorced after the birth. This is because in states like Minnesota, your spouse would need to go through a process called Recognition of Parentage to then be the child's legal father.
Florida actually presumes that the husband is the father of the child. If the husband wants nothing to do with the child, it will be best to get divorced before the child is born to avoid filing a petition for disestablishment of paternity.
A divorce lawyer can help due to their familiarity with state laws concerning paternity. It is a complicated issue that has legal implications that are far-reaching. Without being legally considered the father, a spouse might not have any legal rights to visitation with your child.
Decide on Custody and Child Support
It's best to discuss issues concerning custody and child support, even if the divorce occurs before the child is born. It's common for the mother to be awarded custody, unless you have a previous record of child abuse. Making these decisions before the birth will save you time by not having to deal with it while having a newborn. By having a visitation agreement in place, it will also be easier to start a routine from the very beginning rather than having to adjust to it later.
For more questions about getting divorced while pregnant, work with a divorce lawyer in your area, such as one from Backus Law Group.Share
13 July 2016
After my mom turned 68 years old, she started doing all kinds of strange things. She spent her monthly retirement checks on excessive amounts of food and clothing but didn't pay her rent or bills on time. At one point, she forgot who I was to her. Since my mom lived alone at an independent apartment complex, I couldn't monitor her behavior every second of the day. I brought these things to my mom's attention, but she refused to get medical help. After my mother called the fire department to report a fake fire, I took legal action. I contacted a general attorney and became my mother's power of attorney. I now had the right to monitor my mom's finances and medical care. If your loved one needs help, read my blog for information on general attorneys. You'll find tips, articles and much more to help you get started.