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Legal Issues Involved When Getting Divorced While Pregnant

On Behalf of | May 25, 2017 | Divorce

If you are seeking a divorce while pregnant, you may face more difficulties than you would otherwise. It is legal to obtain a divorce while pregnant, but your unique situation may merit special considerations. It isn’t often that a couple is granted a divorce while one spouse is pregnant. Learn how your pregnancy may affect your divorce.

Why May a Court Delay Granting a Divorce to an Expectant Couple?

While there is no law that prevents divorce due to pregnancy, couples who are expecting may still struggle to obtain a divorce. There are many reasons that an Ohio court may delay granting a divorce when one spouse is pregnant, which often are centered on the issues of parenting, custody, and support.

The court may delay your divorce until after your child is born because they are concerned about child support. After the child is born, child support can be established, which will prevent the parents of the child from waiting several months for support as paternity is established and support is ordered. This delay in support can be detrimental to both the parents and the child. In the child’s best interest, courts may wait to grant a divorce until after the child is born.

In Ohio, a divorced couple will also have to establish the paternity of their child to establish parentage, support, and parental rights. When paternity is established in the divorce case, fathers will not have to seek parental rights in a juvenile court case. This may put the father at a disadvantage and require them to work harder to gain parental rights.

Speak to a West Chester Divorce Attorney – our office

You have options, should the court seek to delay your divorce due to pregnancy. The Meadows Law Firms can help you fight for your divorce and demonstrate to the court that the pregnancy should not affect your divorce. Our skilled, caring West Chester divorce lawyers can help you understand your legal options and will support you throughout your case.

Contact our team to schedule a free case evaluation. Call our office today.