5 States to Avoid When Divorcing While Pregnant
Are You Divorcing While Pregnant?
Shedding Light on Little Known Facts
Have you ever been unemployed, pregnant and married? Well, if you look closely, you will see my hand up. So I can identify with those divorcing while pregnant.
Waiting for a new baby to arrive should be a joyous time. Sadly, waiting for a divorce to finalize could take precedence. This is the time for creating baby name ‘mash-ups’ like “Bradgelina.” Instead, you will waste time browsing through lawyer names.
I have a little confession to make; I am in the middle of a divorce. Luckily, I am not expecting which simplifies my divorce or will it? My lawyer informed me that my divorce would not finalize otherwise. Intrigue set in and I began researching state divorce laws. Ironically, finding updated legal documents to support such laws were next to impossible. The facts supporting them can be confusing. I have realized just how complex divorce can be.
For these reasons, I was compelled to make this Hub. Please do your own research for this list is condensed. If you are in this situation and your state is listed then take notes!
Everything's Bigger Here!
Either spouse must file a ‘Petition for Dissolution of Divorce’ with their county’s Circuit Court.
Either spouse must have been a resident or living in the state for 6 months prior to filing. Either spouse must have also been a resident or living in the preceding county for 3 months. These same rules apply if you are serving in the armed forces.
There is a mandatory 2 month waiting period to finalize a divorce. If domestic violence is an issue, the divorce process might finalize sooner.
Texas is a ‘fault’ and ‘no-fault’ state.
There is only one ground used for a ‘no-fault’ divorce-Insupportabality. This means that the couple’s conflicts are too great for the marriage to be legitimate.
The following are grounds used for a ‘fault’ divorces:
- Conviction of Felony
According to a Texas Lawyer, “pregnancy and divorce don’t mix.”
- Spring, TX Family Law Blog | Attorney for Spring Family Law
Law Office of Bryan Fagan's blog providing helpful information in regards to Spring family law issues. Contact a Divorce Lawyer in Spring, TX for more info.
Either spouse will file a ‘Petition for Dissolution of Marriage’ with their county’s District Court.
Either spouse must have been a resident or living in the state for 6 weeks prior to filing.
Just like Oregon, Nevada has no mandatory waiting period.
I found several other sites that echo this rule.
However, Nevada’s Legislature states that the waiting period is 10 days.
This conflict of information was a common find within my research.
In the state of Nevada, the following are used as “fault” grounds:
- Incurable Insanity for at least 2 years prior to filing
- Irreconcilable Differences
I have realized just how complex divorce can be.
Either spouse must file a ‘Petition for Dissolution of Marriage’ with their county’s Circuit Court.
Either spouse must have been a resident or living in the state for 3 months prior to filing.
There is a mandatory one month waiting period to finalize a divorce.
Missouri is a ‘no-fault’ state and ‘Irretrievably Broken’ is normally used.
The petition for ‘dissolution of marriage’ must disclose certain marital facts. One of them in particular is ‘whether the wife is pregnant.’
- Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 452.310 Petition, contents
Revised Statutes of Missouri, Missouri law
According to a Missouri Law Firm, “pregnancy can significantly complicate or hinder the divorce process.”
- Can You Legally Get Divorced While Pregnant? - Deputy & Mizell
If pregnancy is a factor in your divorce, it is important that you have experienced representation. The divorce lawyers at Deputy & Mizell, LLC can provide guidance during this complicated process.
U.S. Divorce in 2018
- Broken hearts: The divorce capital of every state
About 40% to 50% of married couples in the United States divorce, according to the American Psychological Association. The divorce rate among those who remarry is even higher.
The Bluegrass State
Either spouse can file a ‘Petition for Dissolution of Marriage’ with their county’s Circuit Court.
Either spouse must have been a resident or living in the state for 6 months prior to filing.
There is a mandatory 2 month waiting period for finalizing a divorce.
In its rarity, the state of Kentucky only has one-‘Irretrievably Broken.’ In other words, the marriage can not be saved.
- Kentucky Divorce Laws - FindLaw
Chart providing details of Kentucky Legal Requirements for Divorce
According to Lawserver.com, the court might continue the divorce after the pregnancy is terminated.
Sunny Days Are Here Again...
Either spouse must file a ‘Petition for Dissolution of Marriage’ with their county Court’s Clerk.
Either spouse must have been a resident or living in the state for 6 months and county for 3 months.
There is a mandatory 6 month waiting period for finalizing a divorce.
California is a ‘no-fault’ state and ‘Irreconcilable Differences’ is usually used.
- Divorcing during pregnancy | The Law Offices of Steven E. Springer
Anyone who has ever had a child or has been around someone who was pregnant or otherwise affiliated with pregnancy can attest to pregnancy being an emotional ro
According to a California Law Firm, paternity is a legal concern that could delay finalizing a divorce.
'Pregnant Man' in Arizona On His Divorce
Was Your State Listed?
Just to reiterate, pregnancy can and most likely will delay a divorce. There are too many unknown variables that need to be determined upon finalizing a divorce: paternity, child support, stress upon the mother etc. The courts would also like to avoid making major changes to a divorce decree by delaying the process.
Though this particular situation is unfavorable, it does happen. If you find yourself in such a plight, it's best to seek the counsel of a Family Law Attorney. This Hub is just a starting point and I hope that it has helped someone today.
Thanks for stopping by and farewell until next time!
© 2018 Dabby Lyric