get a divorce or she has to wait for the baby to be born???
I have a friend she has 1 boy & she is pregnant (3 moths), but someone told her that she can not get divorce until the baby is born. I remember when I was pregnant( 4 months) I was separated, but I 'm not sure if I was told to wait until the baby was born, I got a divorce after a year,but because my EX didn't want to sing... But it is this true?? What about child support, can she go to the office & open a case for her boy or she has to wait to get a final divorce paper???? any advices !!!!
Helping my friend!!!! :)
2006-07-21 11:38:33 · 18 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Being pregnant and getting a divorce have nothing at all to do with each other. If the husband is the father then when the child is born the mother goes back to court for child support and set-up visitation rights.
**note some judges may make them wait until after the baby is born because they think the new baby will make them change their minds.
2006-07-21 11:46:26 · answer #1 · answered by daljack -a girl 7 · 2⤊ 0⤋
Im not a lawyer, but from what i understand of seeing people in all different kinds of situations, yes she can get a divorce if she's pregnant.. that because they are married he is assumed father, so unless he protests paternity, which that cant be found out untill the baby is born.. he will be still responsible as the "assumed" father untill proven other wise.. I personally think she should wait till the baby is born.. 1. the financial part of it all would be alot to handle for a single mother during that critical time, hospital bills, needing time off from work, things that if they were divorced he would only be responsible for some if any.. 2. her hormones are flying really high , and pregnancy hormones can mess with decisions u make and your emotions.. and 3 months ago they were obviously getting along since they made a baby.. and 3 months is a short time to make such a huge decision.. (the fact that she wants to hurry the divorce along does make me wonder if possibly the baby isnt his).. but none the less she can take him in for a formal seperation hearing which will grant her temporary custody , and child support untill the divorce hearing.. I must say i feel sorry for these children, they will never even know what its like to have a complete family so incredibly young to have a divorce already.. think maybe ur friend needs to grow up and actually following through with comittments and stop being such a poor role model for her kids. and if the marriage was that bad, u would of thought she would of learned what causes pregnancy the first time around.. so i have no respect for a woman that is so eager and willing to walk out on her family and ruin her kids lives..
2006-07-21 19:07:23 · answer #2 · answered by brwneyedgrl 7 · 0⤊ 0⤋
You can get a divorce anytime! and yes he will be responsible for child support only after the baby is born. Like most she will be on wellfare to pay for the birth if she doesn't have insurance. The father can request a paternity test to stall the child support if he wants to, but in the end he will have to make up the time he wasted anyways.
2006-07-21 18:45:20 · answer #3 · answered by me :) 2 · 0⤊ 0⤋
In the state i am in i do not think you can file for a divorce while pregnate however your friend should file for legal seperation and that should start the child support going for the first child.. it will be to her benifit to hold off on the divorce because she will not have as much trouble with child support issues for the 2nd child if she is legally married when it is born... good luck
2006-07-21 18:56:42 · answer #4 · answered by Amy M 5 · 0⤊ 0⤋
The pregnant women does not need to wait until her child is born before filing for divorce. And yes, she can collect child support.
2006-07-21 19:35:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
most women get divorced even while pregnant. if you go for child support , you can prove he is the father by getting blood tests from him and your baby.
why would she need to wait for the child to be born before getting a divorce?
I left my daughter's father when I was 6 months pregnant and i got child support as soon as i went to child support division in human services.
2006-07-21 19:13:03 · answer #6 · answered by cats3inhouse 5 · 0⤊ 0⤋
She can get a divorce anytime, being pregnant doesn't make any difference. Just make sure you help her or someone is there to care for her other child when she goes into labor with the 2nd child.
2006-07-21 18:49:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you can get a divorce but you do have to wait for the baby to be born before you can file child support because they will have to do a paternity test before they can proceed with child support.
2006-07-21 18:42:48 · answer #8 · answered by shyshy 2 · 0⤊ 0⤋
Sure she can.
It may take up to 6 months before she is officially divorced (with all the filing and court dates) so by then she would have the child anyways. At least thats how my laws are. If you are still unsure, call your courthouse and they will let you know.
2006-07-21 18:42:43 · answer #9 · answered by Crystal Kaye 2 · 0⤊ 0⤋
wait untill the baby is born so the man has to pay child support
2006-07-21 18:43:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋