Divorce is tough enough already, but when you add pregnancy into the mix, things become even harder! You may be wondering, can you even get divorced while you’re pregnant? What about the baby? That’s what our divorce lawyers at the Lake of the Ozarks are about to cover in this week’s blog. If you know someone who’s going through a tough divorce that needs an experienced attorney in Missouri to guide them through this tough time, please refer them to Deputy and Mizell. We can be reached at 573-346-9990. We offer consultations and the first one is free.
Divorcing While Pregnant 101
WHO’S THE FATHER?
When a married woman gets pregnant, her husband is legally assumed to be the father. If her husband has reason to believe he may not be the true father and wishes to contest it, a paternity test can be ordered. Paternity tests are not considered to be truly effective until after the baby is born, which is why most divorce courts wait until after the baby is out to finalize the divorce. This will give them time to prove who the father is and make the proper arrangements based on that information.
WHO PAYS CHILD SUPPORT?
If the husband is found to not be the father of the child, he will not be obligated to pay child support under Missouri law. (However, he may still be required to provide financial support in the form of alimony or spousal support.) If he is not the father, he will also not have any right to custody over the child as long as the divorce is finalized immediately after the birth.
If the husband is proven to be the father, he will legally be allowed to fight for custody of the child if he wishes. Depending on how the custody agreements are ordered, he may also be required to pay child support. As with all custody arrangements, the court will award custody of the infant based on the baby’s best interests.
WHEN CAN YOUR DIVORCE BE FINALIZED?
In conclusion, a divorce cannot be legally finalized in Missouri if the wife is pregnant. However, the spouses can still file for divorce and begin handling many of the various aspects that must be addressed, such as the division of assets and debts and the custody agreement for any existing children. However, the divorce cannot be finalized until after the baby is born because the court has to wait until the new baby arrives before they can finalize child custody/child support orders for the infant.
Seeking A Divorce?
Life isn’t all black and white. Sometimes the most surprising things can happen. If you were planning to divorce some and surprisingly got pregnant, you can still raise the child divorced. This process may not go the way you originally planned but it’s important to remember you will get through this. Obviously, pregnancy can complicate a divorce so it’s more important than ever to have an experienced divorce attorney in Camden County you can count on. That’s where Deputy and Mizell comes in. Give us a call at the Camdenton number listed below to get your free consultation scheduled today.
Contact Deputy & Mizell, LLC to schedule your private (FREE) consultation today.
Representing Clients Across the Lake of the Ozarks Region