Pregnancy and divorce are two topics that often go hand-in-hand, yet many people have misconceptions about the legalities of ending a marriage while expecting. Contrary to popular belief, it is not illegal or unethical for a pregnant woman to get a divorce. In fact, in some cases, it may be beneficial for both mother and baby to legally end an unhealthy relationship. Continue reading for more information.
Short Answer: It Depends
When it comes to the laws surrounding divorce for pregnant women, there is no universal rule. Most states do not have any laws preventing couples from filing for divorce during pregnancy, but some states may require the mother to wait until after giving birth before granting a divorce. Additionally, in most states, the law presumes that the pregnant person's spouse will be the other legal parent of the child even if they are not biologically related.
While Missouri does not allow pregnant women to get divorced in most circumstances, there are special cases where the court may allow it. Currently, there are no explicit laws that make divorce while expecting the legislature has established many barriers for pregnant women seeking a divorce.
However, there are several reasons why a pregnant woman may need or want to get divorced. Domestic violence is one of the most common causes of divorce during pregnancy, as well as infidelity or simply incompatible personalities. It is important for expecting mothers to understand that legally ending an unhealthy relationship can provide them with greater financial security and emotional stability during this difficult time in their lives. If extenuating circumstances exist, the court is more likely to grant a divorce.
What To Expect When Filing for Divorce When You are Expecting
When a pregnant woman is considering getting a divorce, Missouri has specific laws that apply. In each state, the court must determine legal and physical custody of the unborn child. The court will also decide who will be responsible for medical and other expenses related to the pregnancy and birth.
In Missouri, courts grant divorces on the grounds of irreconcilable differences when both parties agree and no fault has been established; however, if one party does not agree or makes allegations about the other party’s conduct or character, then either ground for divorce may still proceed via contested proceedings. During these proceedings, a judge must make decisions regarding any children born during the marriage as well as those yet to be born.
Regardless of where the divorce is taking place, prenatal care should be considered when determining child support payments. Since pregnant women often have additional medical costs associated with childbirth that would not normally need to be covered by the non-custodial parent, courts typically consider these expenses when deciding how much financial support is required from each parent.
Do You Need an Attorney?
Getting divorced while pregnant is never an easy decision; however, knowing the laws in your state can help ensure that any decisions made are done so with a better understanding of the legal ramifications. Ultimately, it is best to seek professional advice before making any major decisions as they may have significant consequences for both parties involved.
In conclusion, while there is no universal rule regarding divorcing while pregnant at this time, there are legal barriers that make filing difficult. In some cases, divorce can provide benefits such as financial security and emotional stability for both mother and baby. It is important for expecting mothers to understand their rights when considering getting a divorce during pregnancy so they can make an informed decision about what is best for them and their unborn child.
If you are considering a divorce, contact Smith Law Offices, LLC. Our experienced and compassionate attorneys can provide appropriate legal guidance that supports you and your family.