QUESTION
Can I get a divorce from my wife if she is pregnant?
Asked on Jul 26th, 2011 on Child Custody - Arizona
More details to this question:
My wife is torturing me, she is pregnant and I don't want to live with her. Can I file a divorce case. I'm ready to pay all the allowances. What will be the consequences? Can I get divorce from her?
23 ANSWERS
3 Awards
You can file for divorce, but the Court will establish paternity of the child.
Answered on Aug 05th, 2011 at 6:02 AM
2 Awards
You can get a divorce from your wife, even if she is pregnant. The court may provide alimony for your pregnant wife, but you can get a divorce. I suggest you consult with a local Family Law attorney to discuss the case in greater detail and learn all of your rights and options. Good luck.
Answered on Jul 28th, 2011 at 6:01 AM
Family Law Attorney serving West Bloomfield, MI
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Keri Burnstein, P.C.
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You can file divorce anytime you want. Custody, parenting time and child support as well as all other issues will have to be resolved. Good luck.
Answered on Jul 27th, 2011 at 1:53 PM
You can get a divorce in Idaho if you have resided in the state for six weeks. If your wife is pregnant, however, the court shall issue orders regarding support, custody and visitation.
Answered on Jul 27th, 2011 at 1:29 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You absolutely can divorce your wife regardless of whether she is pregnant. Upon establishment of paternity, you will be required to pay her child support, but will have rights to visitation with your child. See a domestic relations attorney soon to discuss these issues in full.
Answered on Jul 27th, 2011 at 10:07 AM
You can start the process, but the birth will be need to conclude it. This would also be your time to request testing to see if the child was yours - if that was at all a question in your mind. You would not be able to do that later on if you don't do it during the initial proceedings.
Answered on Jul 27th, 2011 at 10:03 AM
Roianne Houlton Conner
Yes, you can divorce your wife when she is pregnant, but the child she is carrying will be adjudicated your child and you will have to pay child support.
Answered on Jul 27th, 2011 at 10:01 AM
Patricia C. Van Haren
You may file for a divorce from your wife while she is pregnant. However if she is on your medical insurance, you will need to make provisions so that she is able to stay on your insurance until after the time that she has the baby. You may be require to pay for child support and spousal support. California is a no fault state so your reasons for leaving and your timing for leaving will not have an impact on whether or not you are granted a divorce.
Answered on Jul 27th, 2011 at 8:52 AM
The pregnancy is irrelevant to grounds for divorce, and is no impediment to filing or completing such a case.
Answered on Jul 27th, 2011 at 8:28 AM
Glen Edward Ashman
Anyone who wants a divorce can file one. In terms of the absolute worst time to file, during pregnancy may qualify, as a pregnant defendant will look very sympathetic to the judge and jury. Additionally, some issues really can't be decided until there is a birth. See a lawyer. You would be foolish to file without one. Have him analyze and compare filing now with delaying a filing.
Answered on Jul 26th, 2011 at 4:14 PM
Yes, you can divorce your wife while she is pregnant. There will be little consequences but it depends on the reason for leaving. It is hard to say without additional information although I will advise that the Court cares very little for infidelity or reasons for leaving. However, she will likely try to gain sympathy from the Court by saying you left her while she was pregnant. It should not have an impact on your case but judges do have hearts so it depends on what your wife says on the stand and what judge you have.
Answered on Jul 26th, 2011 at 2:21 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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If you want to get a divorce, you don't need your wife's permission. If she is awarded custody of the child, you will owe child support.
Answered on Jul 26th, 2011 at 2:08 PM
Of course you can file for divorce even if your wife is pregnant. If you are the father of the child, then you need to make sure your name is placed on the birth certificate. You will then retain a family law lawyer who will file papers in court to establish you legally as the father and to have the court order that you will have legal and physical custody of the child. The court will also decide on child support.
Answered on Jul 26th, 2011 at 2:07 PM
You can file for divorce in North Carolina if you are legally married, if either of one have you lived in North Carolina for the previous six months and you have been physically separated for one year with the intention of at least one of the parties to remain physically separate. So yes, even if she is pregnant if you have the above items met.
Answered on Jul 26th, 2011 at 2:07 PM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Yes, you can get a divorce. And it will have no impact other than once the child is born, parental responsibility, timesharing and child support would need to be established.
Answered on Jul 26th, 2011 at 2:07 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes. But, depending on the facts and circumstances, it may not even be possible to complete the divorce before the baby is born because the "normal" minimum time from filing to completion is somewhere between 4 and 6 months. (If there is a lot of dispute, requiring a contested final hearing before a judge, it can sometimes take up to a year.) Unless there is an issue of paternity requiring determination by the court that you are not the child's father (which can't be decided until after birth), it is possible to work out child support obligations and a parenting plan even before the child is born - those just won't be in effect until birth. You do need to consider the question of whether the medical expenses of birth will be covered by health insurance if the divorce occurs before birth. Many health plans end immediately upon divorce, so you will want to avoid having to pay the birth expenses out of pocket if you are not still married when the child is born.
Answered on Jul 26th, 2011 at 2:07 PM
Yes. Even if your wife is pregnant, you can still file for divorce. The fact that she is pregnant creates some additional hoops that have to be jumped through, however.
Answered on Jul 26th, 2011 at 2:05 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law you certainly can file a divorce action. The court may not want to finalize the divorce until after the baby has been born - talk to a lawyer in your area about that.
Answered on Jul 26th, 2011 at 2:04 PM
Bankruptcy & Debt Attorney serving Brookfield, WI
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Elmbrook Law Offices, LLC
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You can file a divorce at any time. However, the Court will not grant your divorce until after the child is born or the pregnancy ends. However, in a divorce case, you will have a minimum of 4 months after the initial filing date before the matter will return. If your wife is newly pregnant, even if you file now, you delay to be divorced will only be a few months beyond the statutory "cooling" off period.
Answered on Jul 26th, 2011 at 2:04 PM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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You can absolutely get a divorce. You will pay child support and will need to file a financial statement and disclose to one another all of your assets and liabilities so the court can do an equitable division. But your Wife cannot force you to stay married to her even if she is pregnant.
Answered on Jul 26th, 2011 at 2:03 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Yes you can divorce when wife is pregnant.
Answered on Jul 26th, 2011 at 1:56 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can file for divorce. There are no special penalties for filing while she is pregnant.
Answered on Jul 26th, 2011 at 1:53 PM
You can get divorced while she is pregnant, but the court might not be able to enter orders regarding custody/parenting time/child support until after the child is born.
Answered on Jul 26th, 2011 at 1:42 PM