Puja Sachdev | November 22, 2024 | Divorce
When parents divorce, they are legally required to continue providing financial support for their children, which is referred to as child support. Many states have standard child support guidelines that determine each parent’s support obligations.
Each state has a child support office and laws governing support obligations for children living in the state. The Office of Child Support Services (OCSS) is a division within the Administration for Children and Families that works with state and local governments to ensure children receive support.
Can a Couple Get Divorced While Pregnant?
In this day and age, it seems unthinkable that a state would prevent you from divorcing your spouse, but some states ban divorce if one of the spouses is pregnant. Newsweek recently covered this issue and included a map in its article showing which states have a ban.
The following five states have laws that ban divorces during pregnancy:
- California
- Arizona
- Texas
- Arkansas
- Missouri
Seven states do not ban divorces if a spouse is pregnant, but judges are likely to wait until the child is born before they grant a divorce:
- Maine
- Alabama
- Mississippi
- Indiana
- South Dakota
- Nebraska
- Wyoming
The remaining states do not have a law banning divorce while a spouse is pregnant.
Why Would a State Ban a Divorce During Pregnancy?
Paternity could be a factor. In many states, including California, a person is presumed to be the child’s natural parent under certain conditions. Under this presumption, couples are the child’s legal parents, provided they are married on the child’s birth date. If either parent wishes to contest paternity, they could do so in their divorce case instead of bringing a new action after the divorce is final.
Child support may be another factor. Divorce proceedings divide marital assets and determine spousal support. If the parties are still married when the child is born, child custody and child support can also be decided. The parents can work together to develop a parenting plan to propose to the court soon after the child’s birth.
Unfortunately, many spouses find themselves in an abusive marriage they cannot leave because they are pregnant. If you are in this situation, seek help to protect yourself and your unborn child.
How Can I Handle a Divorce Proceeding While Pregnant?
If you are pregnant and live in one of the states that ban or postpone divorce until the child is born, there are steps you can take now to navigate the situation:
Confirm the Laws in Your State
You should consult a local attorney to confirm the laws in your state. A local divorce lawyer will know how the judges in your jurisdiction handle divorces involving a pregnant spouse.
Find Support and Help
Surrounding yourself with supportive friends and family can be comforting. You will need help as you progress through your pregnancy. A strong support system will give you emotional stability, too.
Hire an Experienced Divorce Lawyer
Do not wait until the baby is born to hire a divorce attorney. The sooner you have legal representation, the better your situation will be.
Divorces involve more than legally ending your marriage. Issues that must be resolved include property division, spousal support, child custody, and child support. An attorney will explain your rights and help you navigate your divorce.
Your attorney can begin working on a divorce settlement that resolves these issues, including developing a co-parenting plan. Once the baby is born, you can proceed with an uncontested divorce. If your spouse fights any issues, your lawyer will have time to prepare your case for trial to minimize delays after the baby is born.
Contact Our Divorce Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
