There are a number of things to keep in mind if you are considering a divorce while pregnant. You can file a complaint for divorce while pregnant , and you will need to note that there is an expectant child of the marriage. New Jersey does not recognize the baby as a person until it is born. However, you can work with your spouse to make it go more smoothly while you are pregnant and divorcing. It would only benefit your child if you are able to begin co-parenting while getting a divorce in pregnancy.
You may be able to agree that you will share joint legal custody and maybe even determine a parenting time schedule that allows the parent of alternate residence short, frequent visits with the child following his or her birth so that they can also bond with the child. You may even be able to negotiate ahead of time what expanded parenting time might look like as the child grows and becomes more interactive.
If you are married, you are likely to be on the same health insurance through the entry of the final judgment of divorce. Any debts that accrue during the marriage are to be divided by the parties through equitable distribution.
The filing of the complaint is generally the end date in terms of equitable distribution. You did not live together cohabitated at the time the child was conceived, and b. You did not have sexual intercourse with each other at the time the child was conceived this will not apply to couples who used alternative methods to get pregnant; see below. This petition is linked in the Resources section below.
If the child was conceived through alternative methods, the court will recognize and honor the intent to parent the child. Otherwise, genetic testing will normally be used to disprove parentage of the spouse. You do not have to work with a lawyer, but, as with all court actions involving children, it is strongly recommended. If you are not already working with a lawyer for your divorce, consider hiring one at this time. If you cannot afford a lawyer, you may be able to get legal advice and help filling out forms at a neighborhood clinic, or from a lawyer or legal technician who provides limited services.
If you want to file a Petition to Decide Parentage , which will be separate from your divorce, your county prosecutor's office Family Support Division may be able to help you. You cannot get a parenting plan or child support order until the child is born. You can do this if:. It is known during the divorce that a spouse is pregnant, and. These difficulties include establishing paternity, determining custody, assigning child support, and other things.
Family law in all states requires that a minor child receive financial support from both parents. If a child stays with the mother, her ex-husband must make direct payments as established in the final marriage dissolution decree. In such a situation, the issue of paternity becomes critical and may delay the final judgment. For example, a husband may question his paternity and accuse his wife of cheating.
In this case, the mother could request a paternity test after the child is born, which will extend the length of the marriage dissolution process. On the other hand, if the husband is sure that his wife conceived from another man, he needs to provide evidence to the judge.
In order to prove that he is not the biological father of the child, he must use one of the following ways:. Most states follow a presumption that a child born in marriage and within days after a divorce automatically has both spouses as biological parents. The paternity issues raised above are significant in determining child support. Both parents have the same rights and obligations regarding their children and must support them financially.
Only families with uncontested cases can decide in advance the custody arrangements and child support payments. Moving to another state during pregnancy is generally not a good idea, especially in the early stages.
And yet, it happens occasionally for various reasons. Aside from the risks to fetal and maternal health, questions remain about the jurisdiction of local courts over your divorce. You should note that you will not be able to file for divorce immediately upon arrival at a new location because most states have the so-called residency requirements. It means that to even file a lawsuit with the court, you will need to be a resident for a specific amount of days.
Its length differs from state to state and ranges from 20 to days. In Florida - 20 days. And in Texas - 60 days. Usually, the counting starts when the original petition is filed or after the non-filing spouse has received the divorce papers.
These concepts are two different things. Be honest with your doctor during your postpartum visits so he or she can point you in the right direction if you need support. To learn more about filing for divorce while pregnant or to secure an experienced attorney dedicated to protecting you throughout the process, contact Infinity Law Group in Boston by calling or visiting their website today.
Category: Divorce Issues. Call for a Free Consultation for your Massachusetts case. Jaye Samuels, Esq.
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