Quick Answer: What Happens If I Get Pregnant During My Divorce?

Can I divorce my wife if she is pregnant by another man?

Whether your pregnancy can interfere with your divorce depends entirely on the laws of the state you in which you file for divorce.

Either way, you will still need to address establishing paternity if someone other than your spouse is the father of your child..

What do judges look for in child custody cases?

Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .

What should you not do during a custody battle?

9 Things to Avoid During Your Custody BattleAVOID VERBAL ALTERCATIONS WITH EX-SPOUSE AND/OR CHILDREN. … AVOID PHYSICAL CONFRONTATION WITH EX-SPOUSE AND/OR CHILDREN. … AVOID EXPOSING YOUR CHILDREN TO NEW PARTNERS. … AVOID CRITICIZING THE OTHER PARENT TO LEGAL PARTIES, FAMILY, OR FRIENDS. … AVOID NEGLECTING CHILD SUPPORT PAYMENTS AND/OR AGREED UPON PARENTAL RESPONSIBILITIES.More items…•

Why can’t you get a divorce while pregnant?

While some couples may choose to postpone the divorce until after the child is born, others may feel waiting isn’t an option. Although the courts cannot prevent you from divorcing simply because a spouse is pregnant, you may encounter some legal issues as you begin the dissolution process.

Can I marry twice?

Committing bigamy in the United States is against the law in every state, and those who engage in it can be subject to both criminal and civil penalties. Civil law treats this concept somewhat differently than criminal law. Because your second marriage is illegal, it is considered void because it legally cannot exist.

Can you sue a woman for getting pregnant by your husband?

Yes, but you’ll likely lose. You have to prove she broke up a happy home – that would likely not be the case if she got pregnant while you were separated. This assumes it is even worth it to sue her.

What states allow divorce while pregnant?

Florida, Arkansas, Texas, Arizona, and Missouri all have laws that require you to wait until baby is born to either file for or finalize your divorce. Meeting with an attorney to develop a strategy early can help you ensure you’ve honored all local and federal laws governing divorce while pregnant in your area.

Does being pregnant affect custody?

It turns out that the court doesn’t care much about the paternity of a child, except for how it will impact the child. As such, you won’t lose custody just because you are pregnant. This is considered a fairly normal part of life, and the courts don’t like to get involved when they don’t have to.

The father and mother whose DNA a child carries are usually called the child’s biological parents. Legal parents have a family relationship to the child by law, but do not need to be related by blood, for example in the case of an adopted child.

What happens if you get pregnant by another man while married?

If a man fathers another woman’s child while he is married, his wife is not the legal mother of that child. As the legal father of the children born during his marriage, a husband may have custody and parenting time. He may also be responsible for providing child support and health insurance.

Can you divorce your wife if she is pregnant?

Can I Get a Divorce If I Am Pregnant or If My Spouse Is Pregnant? Yes. You will be able to finalize your divorce in the normal time frame.

Can my ex leave my child with her boyfriend?

During your ex-husband’s time with the children, he can spend time with them or not and, in general, he can leave them with anyone he wants.