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

Thursday, August 24, 2017

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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Family Law Tips: Talking to Your Child About Divorce

Friday, January 15, 2016
  • No one gets married thinking they will get divorced. Unfortunately, nearly half of all marriages end this way and many of those include children. Talking with your child about the situation can be helpful in starting the healing process. Use the following tips to help your child through the uncertainty.

    How To Talk To Your Children:

    • Make sure your kids know they are not the reason for the divorce. 
    • Your children will likely want to know the causes for the split. Share an age appropriate response with them. 
    • Explain that both parents love them even if one of the parents will not live in the same house.
    • If it has been decided, talk with your children about how their life will change. This may include where they will live, with whom, and when they will see their other parent.
    • Assure your child that you are available to answer their questions and listen to their concerns.

    What To Do For Your Children:

    • Encourage your kids to continue their participation in school activities, sports, and other extracurricular activities.
    • Stick to a routine that fits your family's needs. While change is inevitable during this time, finding a routine that works for you will help to give your children a sense of normalcy.
    • Make sure your children spend adequate time with both parents.
    • Give your children reassurance by showing them the love they desire. This helps to alleviate some of the sadness and fears they are dealing with.

    A divorce is a big transition for everyone involved. Use these tips to help make the transition as smooth as possible for your children. If you have any family law questions or concerns, please don't hesitate to contact us.

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Father's Rights in the Divorce and Custody Process

Thursday, December 03, 2015

Unfortunately, divorce is all too common in modern society. The rate of divorce in the United State ranges from 25-50%, depending on the source of the information, but regardless of the exact number, divorce is always a traumatic and stressful event that can result in financial and emotional hardship. Read More

How to Divide Pets in a Divorce

Tuesday, July 07, 2015

One of your most precious possessions can also be one of the most difficult to divide during a divorce. There are established guidelines and precedents for the division of all assets including the house, cars, investment funds, retirement assets, and all kinds of other assets in a marriage. However, pets are more like members of the family than possessions, and very often, there are legal disputes about who gets to walk out with the pet.  Read More

How Is Legal Separation Different from a Divorce?

Monday, June 01, 2015

A legal separation is separate and different from a divorce in California. A legal separation allows individuals to live separately from each other, like in a divorce, but individuals are not free to marry other persons. A legal separation will not legally terminate the marriage like a divorce will.

Sometimes, couples prefer to use the legal separation route rather than divorce. There may be a number of reasons for this, and most of these tend to be personal. For instance, they may have religious beliefs that do not allow them to get divorce. There may also be health insurance concerns, and one person may be at risk of losing health insurance coverage in the event of a divorce. In such cases, the couple may choose to file for legal separation that will allow them some of the benefits of divorce, without attracting many of the disadvantages of a divorce.

Sometimes, couples file for legal separation, and follow that up with a divorce. That often happens in cases in which the couple has not lived in a certain California county for sufficient time to actually fight for divorce there. Under California law, you must have resided in the county in which you intend to file for divorce for at least three months. If you have not lived in that county for three months, then you can file for legal separation. You can then follow that up with a divorce filing, once you have actually met the domicile requirements.

For help filing for legal separation, and understanding how this will affect child custody, alimony, division of assets and other aspects related to a divorce if you choose to file for divorce later, speak to a Los Angeles family lawyer.

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