What States Allow Divorce While Pregnant
If you live in one of five states in the United States, you cannot get a divorce if a spouse is pregnant. In several other states, the judge may wait until you have the baby to enter a divorce decree.
States Where a Couple Can Get Divorced When a Spouse is Pregnant
An article in Newsweek has a map showing which states allow couples to divorce while pregnant compared to states that have outright bans or judges prefer to wait until the birth of the child to grant the divorce.
Five states have laws that prohibit divorces while a couple is pregnant. Those states are:
- Arkansas
- California
- Missouri
- Texas
- Arizona
Seven states do not have laws that prohibit couples from divorcing if a spouse is pregnant. However, judges are likely to wait until after the child is born before granting the divorce. Those states are:
- Wyoming
- Alabama
- South Dakota
- Maine
- Nebraska
- Mississippi
- Indiana
The rest of the states in the country do not have bans on divorce while pregnant. However, that does not mean that a judge might not find a reason to wait until the child is born before granting a divorce. There could be several reasons why states or judges prefer to wait until after the birth of a child to allow parents to divorce.
Reasons for Bans on Divorce While a Couple Is Pregnant
In several states, such as South Carolina, the law assumes that a child born during a marriage is the husband’s biological child. This assumption can create complications in divorce cases if the wife is pregnant when the divorce petition is filed. Thus, there is no question of paternity when the couple is married unless someone contests paternity.
If one of the spouses or a third party contests paternity, the matter can be handled in a divorce case instead of bringing a new action. The same is true about issues related to child custody.
Even though a child’s parents may get divorced, they must provide financial support for their children. Many states, including South Carolina, have standard child support guidelines determining a parent’s support obligations.
Additionally, it is presumed that children benefit from maintaining a close relationship with each parent. During a divorce, the court will urge the parents to create a time-sharing and parenting plan that is in the child’s best interests.
These agreements can be incorporated into a final divorce decree. If the parents dispute custody, the matter can be heard as part of the divorce proceedings.
What Should I Do if I Want to Get Divorced While Pregnant?
If you want to file for divorce and you or your spouse is pregnant, there are several steps you can take to make it easier to navigate the divorce process, including:
Verify the Laws in Your State
Consult a divorce attorney near you to confirm what the laws in your state say about getting a divorce while pregnant. A local divorce lawyer is the best source for information about family law matters.
Hire an Experienced Divorce Lawyer
The sooner you learn about your legal rights, the better you can protect yourself and your child. Instead of waiting until your child is born, meet with a divorce lawyer now.
Child custody and child support are only two issues in a divorce action. You need advice on all issues that must be addressed in your divorce decree, including:
Property Division
Couples must determine how to divide property in a divorce. Most states, including South Carolina, are equitable distribution states, where marital property is divided fairly.
However, “fair” does not necessarily mean that the property is divided equally between the spouses. A couple can negotiate a property division agreement to propose to the court. If the couple cannot agree on how to divide their assets, a judge will decide what is “fair” based on the evidence in the case. “Fair” could entail a 50/50 split, or it could be a 70/30 or 40/60 split.
Spousal Support
A spouse may seek alimony or spousal support as part of the divorce settlement. Alimony is financial support paid by one spouse to the other spouse.
Usually, support is paid to the spouse with the lower income to help them until they can afford to support themselves. Some states allow permanent alimony, which may be paid until one of the spouses dies.
Contact An Experienced Family Law Attorney at Minor Law Divorce Lawyers Can Help. Contact Us at (803) 504-0971
To learn more and get the help you deserve, please contact a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.
We proudly serve throughout York County.
Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971
