Pregnancy is one of the cherishing incidents for most married couples and families. Entering a new member of the family is not a simple matter. It has many considerations and issues. You have to prepare everything needed for the newly coming member.
If you already have kids, it’s more complicated than the current economic and social situations. When divorce is associated with pregnancy, it is a pressing concern. Tensions or several difficulties can cause you and your partner to decide on divorce. It becomes worse with lots of questions when it is a divorce while pregnant.
If you have no intention to live with your partner anymore and want to separate, then the option is divorcing.
However, you have to be concerned and follow several steps when you are planning to divorce while pregnant. Discussing with your partner, searching the legal provisions, applying for a divorce, hiring a good lawyer, negotiating a settlement agreement, and following court procedure is the process of getting a divorce while you are pregnant.
Then you have to consider several factors such as safety of the environment, financial situation, emotions, child custody, and taking support from others.
By reading this article, you may understand the common reasons that lead to a divorce in a pregnant woman and the legal background of getting divorced while pregnant.
Then you may understand the process of getting divorced when you are pregnant and the steps you have to follow. Finally, I’ll provide you with some useful facts to consider in handling a divorce in a pregnancy.
So, let’s get started.
Common causes that lead to divorce while pregnant
Pregnancy can be cherishing news as well as an irritation differing with the nature of several couples. If you and your spouse have tensions and pressure between both and life, then if it cannot endure, the decision left is to choose divorce.
But you may have several matters when planning a divorce while pregnant. Therefore, it is better to identify what may cause the divorce when you are pregnant before concerning them.
It can differ from couple to couple, but some common reasons lead to divorce in a pregnant condition.
1. Arguments of raising the child
With the news of being pregnant, you and your spouse may have arguments on raising the kid.
Whether having the kid or not, how to raise him, religion, names, education, living places, disciplines, etc., can be causes for arguments.
Such long-term and serious arguments can end up with the decision of divorce.
2. Financial issues cause divorce while pregnant
Raising a child is not an easy task. It creates financial tensions within the family. When you are already having financial issues and becoming pregnant on that occasion may create a huge burden for your spouse.
Then divorce comes to place with the unavailability of finding solutions for financial matters.
3. Domestic violence
Suppose you are facing domestic violence within your family life with the ill behavior of your spouse. In that case, you may come to an end to enduring it with the pregnancy.
This domestic violence can be increased with the use of drugs, drinks, and unsuitable relationships.
When you are pregnant, you must consider your condition, and you can’t endure that violence further. Then the decision of divorce comes.
4. Doubts on the paternity
Sometimes there may be problems with the child’s paternity when you or your spouse is having other relationships.
This is a serious situation and is a huge crisis for peace and family relations. In such a situation, divorce is the best solution; even if you are pregnant.
Is it legal to divorce while pregnant?
Getting divorced is a decision taken by one partner or by both partners. However, deciding to divorce while pregnant should think twice. However, it is not an easy task like you see.
There are several legal provisions and procedures to follow when you are planning to divorce your spouse while pregnant.
The divorce laws and procedures differ from state to state, and there are several restrictions to divorce while pregnant legally.
Some states reject divorce applications when the woman is pregnant, and fatherhood presumptions are too concerned even if both parties agree and apply for a divorce.
In such situations, courts grant a divorce after the child is born and established paternity was there. Most states do not have laws to prohibit divorce when there is a matter of pregnancy, but most courts do not grant a divorce until the child is born.
Establishing paternity is the aim of doing that. If not, the husband may neglect the child support, and the wife has to go through it alone.
In addition, some courts do not prefer to grant a divorce when there is a concern on pregnancy since there is the chance of returning to the court regarding child support and custody rights of the child.
Divorce after pregnancy will allow the court to consider all the facts at once and grant the divorce. It overcomes the situation of children leaving without adequate child support and paternity.
Therefore, it is legal to get a divorce during pregnancy, except for some provisions imposed by the courts. It is better to wait until the child is born to overcome future matters.
How to get divorced while pregnant?
Planning a divorce while pregnant is itself a difficult decision to take and has several challenges to face.
It is a situation where the partners decide to end the relationship between them and turn a new chapter of their lives alone without their partners.
When considering the procedure of getting divorced when you are pregnant, several steps should be taken. Here are some of them.
The first step you need to do is discussing with your partner the matters you two have.
Before applying for divorce within a pregnant situation, you have to clearly identify the hardship of living together and the difficulties you two have.
It is better to apply for a divorce with the agreement of both parties rather than a single party.
2. Search the legal provisions
Then find out the legal provisions in your country regarding divorce in a pregnancy. As we already discussed, some countries restrict divorce until childbirth.
Therefore, search for the legal provisions and find out whether it is possible or not.
3. Apply for a divorce
After searching the legal procedure of your country regarding the divorce action while pregnant, you can apply for a divorce.
It is good to try to apply for a divorce with the consent of your partner as well. Applying for a divorce without the consent of one party may create the procedure more complex.
4. Contact a lawyer
Then choose a good lawyer that specializes in divorce cases and hire him. You have to be transparent to your lawyer and explain the actual matters to him.
Then it will be easier for the lawyer to identify the matter and support you.
5. Negotiation on a settlement agreement
Negotiating a settlement agreement with your partner is essential since there may be future matters regarding paternity, child support, and custody.
So, find out whether there are still chances to settle and, if not, negotiate for the future situation and the roles and responsibilities of both.
Having an agreement between parties will make it easier for the court to address the case.
6. Follow the court process
Until the grant of your divorce by the court, you two have to follow the court procedure and act according to the court’s instructions.
If the court asks you to stay until childbirth, you have to wait and should follow the judges’ decisions regarding the custody of the child.
Useful facts to handle your divorce when you are pregnant
When getting a divorce while pregnant, you have to consider several social, cultural, economic, and emotional factors.
So, when handling the divorce together with your pregnancy, below are some useful facts you have to consider. They will support you to endure the situation better.
1. Safer environment
If it is unsafe for you to live with your spouse, the most important thing you should do first is going for a safer place to protect yourself and your child in the womb.
If the case is with domestic violence or such a condition, the situation may become worse to stay together. So, go for your parents, relatives, or another safe shelter.
2. Plan the financial situation
One of the major issues you have to consider in handling your pregnancy together with the divorce is your financial capability.
Having a child and raising him alone is not an easy task. There are numerous expenses you have to face, and consider whether you can handle them alone.
Create a budget and manage your income and expenses while finding employment you can engage in the condition is necessary. If not, you have to find out the child support or alimony process from your partner.
3. Emotional endurance
Handling a divorce with pregnancy is such a difficult scenario, and it may affect your emotional peace. Check whether you can endure the emotional pitfalls and needs of such a situation and find ways to support your mind and emotions.
You can seek the support of your religion, closer ones, other mothers with similar experiences, or counseling.
4. Plan the custody of the child when divorce while pregnant
Having a pre-parenting plan for the unborn child is necessary when it comes to the case of divorce. If not, there will be another case regarding the custody of the child.
If you can discuss with your spouse and have a clear definition of parental rights it will be better to reduce the future tensions and the impact it can cause on your kid.
5. Let your loved ones support you
Getting into a divorce when you are pregnant is not an easy process to go through, and it may be difficult to face it alone.
In this matter, get the support of your family, relatives, and friends since a helping hand will be a huge comfort in this situation.
During the pregnancy and even after childbirth, you may need the support of your loved ones.
Conclusion – Divorce while pregnant
If you are concerned about divorce while pregnant, then I guess this article is the right choice. After reading, now you are aware of the common causes for getting a divorce even when you are pregnant and its legal provisions.
Then you have got a clear idea of the procedure of getting divorced when you are pregnant and the facts you should consider in handling it. Suppose it’s so hard and difficult to endure living as a family. In that case, the better option is to get a divorce and consider the above facts further if you are pregnant.
Thank you for reading. Stay tuned with BestFamilyLife for more good content.