While filing for divorce can be your only option, especially in an abusive marriage, factors affecting the process like pregnancy are worth considering. Pregnancy affects divorce in many ways, such as waiting until the baby is born, establishing waiting periods, and settling paternity. However, to successfully handle divorce while pregnant, legal counsel from a qualified divorce lawyer, family law attorney will make things easy for you.
According to the American Pregnancy Association, expectant mothers are torn between writing off and progressing with their divorces. However, unless your decision is genuinely based on fault issues such as abuse, infidelity, and more, you may want to consider effects such as:
Ending your marriage may seem like the best decision for you and your unborn child considering safety and other challenges in an abusive marriage; however, unless the child is born while the divorce is in progress, finalizing the matter will have to wait until the baby is born.
Waiting until the child is born allows the law to seamlessly address problems surrounding your marriage, such as giving the baby sufficient child support and determining paternity. Additionally, waiting is a rule considering most states don’t allow the creation of custody and support orders on fetuses.
If you’re pregnant and your baby is born ten months following your divorce progress, the man you’re divorcing is assumed the baby’s biological father. However, if you’re the assumed biological father and want to avoid taking responsibility for the child, you can sign a waiver of paternity.
Conversely, when your pregnancy results from an affair your husband knows, the biological father will sign an acknowledgment of paternity while the divorcing spouse signs a waiver. Likewise, the child’s biological father can work with child services to establish paternity in case waivers, and acknowledgment paternity procedures are complicated. Additionally, regardless of the pregnancy and divorce status, you as the male divorcing spouse can seek disestablishment of paternity by:
Suppose paternity is established by an Affidavit, Declaration, or by default during court child support establishment. In that case, you can overcome the child’s paternity as the biological father by taking the matter to court. During the hearing, a paternity disestablishment action will be created to disestablish your support and custody orders of the child. Likewise, if your wife gives birth and you’re not the biological father, an action against paternity will also be established.
However, nullifying your responsibilities against the child is only ruled when the mother signs the paternity disestablishment petition. Additionally, you will win the petition when the court rules the paternity establishment at first was due to fraud, mistakes of fact, and coercion. Moreover, as the male divorcing partner filing for a paternity disestablishment petition due to pregnancy during a divorce, be sure to note the following:
If you win the petition, your parental rights will be terminated, and you’ll be relieved from future support and custody responsibilities. Secondly, whether the petition wins or not, you’ll be responsible for all the costs incurred. Lastly, unless the court orders, your visitation and custody obligations may not be affected; thus, the mother may still be eligible to leave the child in your hands.
If your decision about ending your marriage is final despite being pregnant, a qualified divorce attorney will help you maneuver effortlessly. However, when you’re divorcing due to irreconcilable problems, abandonment, and abuse, handling the process can be overwhelming unless you implement strategies like:
As you can imagine, pregnancy affects your divorce in many ways. However, when it’s the best decision for you and your children, the best thing to do is get help from qualified divorce attorneys from renowned legal family firms like https://www.familylawattorneymesaaz.net/ for comprehensive legal counsel before kick-starting the process will help you handle your divorce peacefully. Likewise, planning your finances, creating a co-parenting plan, and attending emotional support counseling will help you manage the divorce stressors that might adversely affect your unborn child.
To get legal counsel and professional help for your divorce will pregnant, reach out to Jensen Family Law at their physical address Jensen Family Law, 3740 E Southern Ave Suite 210 Mesa AZ 85206, (480) 999-2321 or follow their media handles including
Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then Head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to Merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then Turn left and Destination will be on the right.
We’re open 9AM – 5PM Monday – Friday and we are closed on Saturday and Sunday.
For additional questions you can call us at (480) 999-2321 ro you can find us on Yelp.