How Does Pregnancy Affect Your Alabama Divorce?

One might expect that welcoming a child into the world together is when couples feel the greatest commitment to each other, but things do not work out this way for every couple.  Taking care of a baby is a new level of stress and responsibility that causes conflict even among couples who are emotionally invested in staying together as a couple and as a family.  On the other hand, don’t you have the right to leave your marriage if, while you are pregnant, you found out that your husband is cheating on you?  What about women who suffer through domestic violence without telling anyone, but once they are pregnant, they decide to leave the marriage so that the baby can grow up in a violence-free environment?  In most cases, Alabama law does not forbid a couple to divorce simply because the wife is pregnant, but you might end up with an old-fashioned judge who is still holding onto hope that you and your husband will decide to stay together once the baby is born.  If you are pregnant and considering divorce, contact a Birmingham divorce lawyer.

Can Alabama Judges Stop Pregnant Women From Getting Divorced?

The rules for uncontested divorce in Alabama, where the couple gets divorced quickly, without mediation or a trial, are strict, and one of them is that the wife cannot be pregnant at the time that the couple files for divorce.  Pregnancy is not an automatic barrier in contested divorce, though.  The divorce can move forward if the wife is pregnant when she files the divorce petition individually, or when the husband files the divorce petition and the pregnant wife files a response.  Arizona, Arkansas, California, Missouri, and Texas have laws that can prevent pregnant women from seeking a divorce, though.  All but the simplest divorce cases take more than a few months, though, which means that, in Alabama, the judge can make your divorce wait until after the baby is born, just by postponing a few hearings.

Marital Status Is Not the Deciding Factor in Parenting Plans

All children whose parents are not together have the right to a court-ordered parenting plan.  Whether your baby is born before or after your divorce becomes final, you will need to draft a parenting plan, which the court will use as the basis of a child-support order.  In some ways, parenting plans for infants can work around the parents’ schedules more than those for older children can.  For example, it is feasible for the child to spend half of each day with Mom and half of each day with Dad, provided that the parents live close to each other.  You and your ex will still need to co-parent your child, no matter when your divorce becomes final.

Contact Peeples Law About Getting a Divorce While You Are Pregnant

A Birmingham family law attorney can help you if you are pregnant and want to file for divorce now instead of after the baby is born.  Contact Peeples Law today to schedule a consultation.

Source:

newsweek.com/map-shows-us-states-where-pregnant-women-cant-get-divorced-1874139