Divorce is an inherently difficult and emotionally-charged process, especially when children are involved. Custody battles may take years to resolve. Not surprisingly, pregnancy during divorce complicates the issue considerably. It is very difficult for parents, lawyers, and judges to make decisions regarding a baby that has not yet been born. Several states even refuse to finalize a divorce until the mother gives birth.

If you are expecting a baby and considering divorce, it is especially advisable to seek legal advice. The Oceanside divorce lawyers at Fischer & Van Thiel, LLP, can help you through this difficult process. Contact our offices at 760-722-7646.

Things to Consider

Although divorce while pregnant may be especially challenging, there is no reason to delay getting started. There are many things to consider as you begin, such as:

  • Divorce can take several months, or even years. If you begin while pregnant, it is likely that child will be born before the time has come for the divorce to be finalized.
  • Divorce will not change the legal paternity status of the baby. Since the baby was conceived during the marriage, paternity cannot be taken away from the ex-husband.
  • If you previously qualified for a Summary Dissolution of Marriage, a baby or pregnancy will change that. You will now have to file for an Uncontested Case.
  • If you do finalize the divorce before the baby is born, you may have to go back to court in order to resolve all custody and visitation issues.

Contact Us

The Oceanside custody lawyers of Fischer & Van Thiel, LLP, are prepared to assist you in this matter. Contact a divorce lawyer by calling 760-722-7646.