Pregnancy is a joyful period for every couple. Yet, in some cases, it goes hand in hand with divorce or separation. Even in amicable situations, divorce is emotionally distressing, but it becomes infinitely more complicated when it involves pregnancy.
If you are pregnant or have a pregnant spouse and are intent on filing for divorce, you may have a lot to deal with. Besides the emotional pain, distress, and hormones, managing the legal paperwork can make it tough to remain sane.
As expecting parents, you may be worried about the child’s paternity and finances. The new baby increases the tension, but like many major life events, you must carefully navigate divorce while pregnant, as it is physically, financially, and emotionally demanding.
Divorce While Pregnant
In most states, you can start the divorce process while pregnant. However, you may only be able to finalize it once the child is born. Establishing paternity before the courts grant the final decree is also essential.
Common reasons for divorce during pregnancy may include the following:
- Infidelity
- Domestic abuse
- Paternity questions
- Arguments about the child’s upbringing, such as religion, discipline, or cultural beliefs
If you are unsure about the child’s paternity, a test must be conducted following birth. Afterward, you can settle the issues of primary custody, visitation, child support, medical support, delivery expenses, and daycare costs, among others.
By law:
- The biological father has two years to petition the court for a paternity test.
- The biological father may be entitled to visitation, but he must also pay child support.
- If you and your spouse were married when you conceived the child, he is regarded as the legal father.
If the pregnancy results from an affair, the biological father may sign an acknowledgment of paternity. Your divorcing spouse signs a waiver.
Paternity Disestablishment
The male divorcing party can file for the disestablishment of paternity through court action. Disestablishment might be necessary if paternity was established by Declaration, Affidavit, or default while determining child support.
The male divorcing spouse overcomes paternity as the biological father by going to court. At the hearing, the paternity disestablishment action nullifies support and custody orders.
Paternity disestablishment action also applies to male divorcing spouses who find out they are not the child’s biological father.
However, you can only nullify your responsibilities as the father if the mother signs the disestablishment petition. In addition, you can only win the petition if the court rules that paternity was awarded due to fraud, coercion, or mistakes of fact.
Should you win the disestablishment petition, you relinquish your parental rights. You may also be relieved from child support and future custody.
However, you are responsible for all costs involved in filing the petition. You may still have visitation and custody obligations unless the courts rule otherwise.
What If You Used Alternative Methods to Get Pregnant?
Depending on the situation, you can disestablish paternity. However, it may not be granted if the intent was to have a child together. Simply let the courts know that you are pregnant through alternative means. Your attorney can help you negotiate child support and custody in such cases.
Collecting Child Support While Pregnant
You cannot collect child support for an unborn child. However, you can get a child support order after the baby is born. Contact your attorney to find out your options.
How To Cope with Divorce While You are Pregnant
Find Out Whether Your State Allows Divorce While You Are Pregnant
Some states, such as Missouri, Texas, Arkansas, and Arizona, do not grant divorce while you are pregnant.
Courts in these states wait until paternity is determined after the child’s birth to start the process. Determining paternity makes it easier to address child support and other child-related issues.
Find an Emotional Support System
Divorce brings up bitter emotions and may even make you apprehensive about the future. On the other hand, pregnancy comes with hormonal and physical changes that may cause mood swings.
Surround yourself with loved ones who can support you emotionally during this difficult time. Do not hesitate to ask for help with household chores, cooking meals, and childcare. Your loved ones may also help you process your emotions by listening.
Create Your Co-parenting Plan
Having both parents in their life is in the child’s best interest. Developing a shared co-parenting plan that works for both parents early is critical to making the divorce process easier. Remember, you must deal with the other parent for a lifetime, so starting on the right foot is best.
Unless the marriage ended due to domestic violence, abuse, alcohol, or drug use, establish a good relationship between the child and both parents. Be generous and flexible and create a co-parenting plan that keeps the children safe.
Create a Comprehensive Financial Strategy
A divorce results in unexpected financial responsibilities. However, child support and custody orders must be addressed, even if you have other bills. Creating a comprehensive financial plan ensures all bills are settled when due.
Aside from dissolving joint accounts, you should change beneficiaries and open new accounts. You can also create an emergency fund to act as an income safety net in times of need.
An income safety net may include disability insurance, which is handy when a parent is sick or jobless.
Summary
Divorce is devastating, but even more so when you are pregnant. Unfortunately, pregnancy challenges are stressful even in the best of marriages. A new child also comes with financial responsibilities and major lifestyle adjustments making it complex for divorcing parents.
A family attorney can help you navigate these challenges and get a favorable agreement even before the baby comes. They can also help you work out a fair co-parenting plan that puts both parents at ease.
Remember, you will likely be in each other’s lives until the child is an adult. It is always best to start amiably. A collaborative divorce process also allows you to get the marriage dissolved faster.
Even if difficult questions arise, an expert family lawyer can help you navigate the process easily. Get in touch with a family lawyer to learn more about getting a divorce while you are pregnant.
