Getting Through a Divorce While Pregnant

Getting Through a Divorce While Pregnant

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There are a significant number of cases in Knoxville, Texas, where the couple filing for a divorce is pregnant. Pregnancy, of course, is planned, but divorce is not. However, at times the situation between a married couple turns sour to the point of no return that divorce seems to be the only alternative even before the child's birth.

Going through a divorce is already stressful and challenging to handle. Imagine going through the same scenario while pregnant and with a child on the way?

Several factors come into play when one of the spouses is pregnant, including child custody, paternity issues, visitation rights, and financial support. While some can be dealt with successfully, others are best dealt with after the pregnancy. Seeking advice from experienced and reliable attorneys in Knoxville, TN, can do much to help you with your concerns.

Can you get divorced while pregnant?

Not all states allow getting a divorce while the parties are pregnant. However, there are other states where this is not necessary but will still depend on circumstances surrounding them.

The divorce procedure with pregnancy becomes lengthy and complicated in states like Texas, requiring the married couple to wait until the child is born. The reason is that it is almost impossible to establish paternity or decide on custody and child support without the child's physical presence.  

Another significant reason to wait is that it is difficult to prove whether the pregnancy was planned for settlement issues like division of marital property and finances.

So, what will happen to one party who wants out without waiting till the baby's birth?

Well, the good news is that although you cannot get a divorce, you can begin filing for divorce even before your pregnancy. Giving you enough time to process, file, and finalize the necessary documents before your child's birth.

Consulting a reasonable Knoxville divorce attorney can make the process much easier and less complicated.

Steps to consider before filing for divorce while pregnant

If you are expecting a baby and are in the process of filing for a divorce, you need to think about a few aspects that may affect your future wellbeing.

Finance

The first thing to consider is your unborn child. Will you be able to provide for it financially after the divorce if required? The child lives with the mother after the divorce most of the time. So make sure that your budget can cater to both you and the baby. While you plan you plan your finance consider the following:

  • Prenatal expenses
  • Child care expenses
  • Medical insurance
  • Monthly expenditures like food, rent, utilities, etc.

The first two years after your divorce will be crucial for you and your child. Make sure that you are financially prepared to deal with the new challenges ahead of you.  

Child Custody 

Make sure to have a clear plan on how you will manage taking care of the baby before filing for divorce. Of course, when both parties agree on who will take care of the child, it is always better. But what about those cases where there is disagreement, and the court has to decide? While it may not be easy for you, make sure that you have a plan to manage taking care of the child every month.

Your unborn child needs your love and support more than ever now. Make sure that both parents are ready to take this challenge by the horns. After all, a healthy and loving environment is the best thing for your child.

So before filing for divorce while you are pregnant, consult a trusted family law attorney to make sure that you have a plan and backup plans prepared before the final step is taken. It will better your chances of getting a quick resolution and improve collaboration between both parties during the custody and support arrangements.

Read here to know more on how to be ready for your first meeting with a divorce attorney.

Factors that Slow Down a Divorce During Pregnancy

Since not all states allow a divorce during pregnancy, it is not as easy as you think to end your marriage. There are several factors the judge needs to consider that ultimately cause a delay in completing the union. Here are some of them:  

The Potential Impact on the Unborn

The judge may consider that ending a marriage will affect the unborn baby adversely, and it is more of an advantage for him to stay in the current environment until they are born. This can lead to several disagreements between you and your spouse, leading to a bigger mess. 

Paternity Issue

In some states, getting a paternity test is mandatory even during a divorce, making it slow. However, this does not stop the divorce from happening but only prolongs it for several months. This scenario occurs when the mother claims that the unborn child's father is someone else and contests that he is the father.

Child Support

For child support to be determined, the judge will need financial information from you and your spouse. This process can be very time-consuming and complicated because many physical changes happen in a woman's body during pregnancy, affecting her financial situation.  

Although it is not easy to end a marriage when a baby is on its way, it still needs to be done. The best thing is knowing that you have an excellent lawyer to help you deal with the situation to make it as smooth as possible.

Waiting Period

The waiting period differs from state to state. It can be as long as 18 months before the divorce is finalized in some states. So besides waiting for the pregnancy to be over, you have to wait for a specific time to file a divorce petition. This waiting period gives parents a chance to rethink their decision and change their minds.  

Conclusion

Divorcing during pregnancy is not an easy process and comes with many challenges. However, it can be finalized if both parties agree on who will care for the child once they are separated. It is always better to plan on how you will manage taking care of the baby before filing for divorce.

If you are pregnant and want to get divorced, then your best course of action is to consult with experienced attorneys in Knoxville, TN, today.





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