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Filing for a Divorce While Pregnant: What You Need to Know

Thursday, August 24, 2017
Filing for a Divorce While Pregnant: What You Need to Know

If you and your spouse just can’t stand each other anymore, filing for an immediate divorce may seem like the best thing to do. If, however, you are pregnant, things get a little more complicated. Here are some tips to help you out.

Learn About State Laws

Every state has different laws regarding getting divorced while pregnant. In many states, you won’t be able to finalize the divorce until the baby is born. In other states, you will be able to file but your spouse will be listed as the baby’s father. In yet other states, your ex won’t be listed as the father. Get a lawyer to help you out.

Who Will Pay for Health Care?

If your divorce is finalized before the baby’s birth, who will pay for your health care while you are pregnant? Usually, you ex-spouse does not provide health care for you, but the court may order them to help you out with health care costs if you are pregnant. After the baby is born, your ex may be required to give you monetary support under child support laws.

Child Bonding and Visitation

If you are a father, it’s important that you establish your visitation rights before the birth. The most important time to bond with your child is soon after their birth, but the mother will usually be awarded full custody rights as long as the baby is breastfeeding, so make sure you get some time together to bond. After the baby is weaned, you may be able to get overnight visits.

In any case, it's important that you don't try to file by yourself. Contact us today for legal help!


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