Many life events can show you the other side of marriage. It can be conflicts because of different ideologies, domestic violence, or emotional abuse, which can lead to marriage dissolution. It is difficult to handle when divorce and pregnancy come hand in hand, but our divorce attorney in Renton is here to lessen your burden. Go through the article to get an idea about the divorce filing procedures during pregnancy.
Can you get Divorced While Pregnant?
According to the state laws of Washington, there is no such prohibition for the parties to get a divorce, even if the wife is pregnant. However, some unique legal disputes may arise in the context of the unborn child, whether the child is born during the marriage or in the month following the divorce. The legal procedures of divorce may differ from one to another, and some cases are more complicated than others. Irrespective of what issues arise in the divorce proceedings, we are here to help you out.
Factors that Can Affect a Divorce During Pregnancy
Dissolution of marriage or divorce is quite uncertain. It depends upon both the spouses who are involved in this and what made them take divorce in the end. There can be multiple reasons for divorce during pregnancy, which may differ from any couple taking divorce. It may include:
- Arguments about how to raise the child regarding discipline, religion, etc.
- Domestic violence or infidelity.
- Questions about paternity.
The truth is that having a baby is quite stressful, and the experience can challenge even the best of marriages. The baby’s birth usually brings many changes in adjustments, lifestyle, and financial struggles, which both spouses may find difficult to tackle.
Steps to Consider Before Filing for Divorce
If you are expecting a baby and dealing with the necessity to prepare for the divorce, consider a few vital things for your future well-being.
1. Financial Strategy
If you are pregnant and thinking of getting a divorce, you have to plan your future expenses on your own. Almost in every case, the newborn child stays with the mother if she is fit to be the parent. So when you are planning the financial strategy, make sure to consider the following:
- Alimony and child support
- Child care costs
- Future sources of income
- Daycare essentials
Make a list of the expenses and find an income source for your future. You have to do micro-management such as education of the child, rent of the house, essentials, food, and everything that comes under the basic needs. You have to remember that you may have to work from home, especially in the last few months before delivery and the first few months after delivery. By considering all the details and planning your financial strategy, you can make a comfortable environment for yourself and the child.
2. Impact on Child Custody
Involvement of the husband in the wife’s life during the time of pregnancy can have a great impact on custody arguments. For example, if you plan to raise the child alone and negotiate a custody battle, begin monitoring the activities of your spouse related to your baby.
Involvement or absence of your spouse during your pregnancy can make a huge difference for the judge when determining whom they should give custody to.
If both parents are ready for joint custody, they can make a parenting plan.
In many states that allow divorce during pregnancy, it can affect the husband’s parental rights.
3. Paternity Establishment
In every state, family law requires that the minor child must receive financial support from both parents. If the child stays with the mother, her ex-spouse must make the direct payments as established in the final marriage dissolution decree. The paternity issue becomes complicated in such a situation, which may delay the final judgment.
4. Changing of Residence
Moving from one place to another during pregnancy can never be a good idea, especially in the early stages of pregnancy. And yet, this happens occasionally for various reasons. Apart from the risks to maternal and fetal health, the question will remain about the jurisdiction of local courts over divorce. It would be better if you noticed that you could not file the divorce immediately upon arrival at the new location because most states have residency requirements. Again the primary motive is to divorce your husband as soon as possible. Think carefully about how this can affect the newborn baby’s health.
5. Waiting Period
Apart from giving birth to the child to get the final decree, you may have to go through the waiting period. The length may differ from one state to another and ranges from 20 to 180 days. Besides the waiting period between the initiation and official ending of the marriage, there is also a separation period. Divorce and separation periods are two completely different things. In some states, it requires that the parties must live separately for one or two years before filing the divorce on no-fault grounds.
The waiting period was created to give space and time to both spouses to think about their decision again, and if possible, they can reconcile.
Reach Out To Our Family Lawyers For Compassionate Legal Support
Pregnancy and dissolution of marriage at the same time can never be easy for anyone to go through. We understand that we believe in validating our client’s emotions as they go through possibly the toughest phase of their lives.
Pregnancy is neither easy nor a divorce. To find all your answers to all these challenging questions, including spousal support, child custody, and visitation, contact Tamblyn Law’s top divorce lawyer in Renton. We will be happy to solve all your queries.
