The idea of a non-complicated divorce may seem foreign to most but trust us when we say that some divorces are more complicated than others. For example, what happens when a woman is pregnant during the divorce? In some states, the couple cannot even get married until the child is born. This is not the case in California but there are some unique rules that affect getting divorced while pregnant. Read on to learn more and then reach out to Law Office of Michael L. Fell at 949-585-9055 for a family law legal consultation.
Deciding custody and child support can be complicated while the parents are still married
First, let us consider who will get custody of the child, who will pay child support, and how much they will pay. The answers to these questions cannot be answered until the child is born. This may seem complicated but the truth is that custody of a child who does not exist yet is outside of the court’s prevue, and child support is largely dependent on discussions of child custody.
The issue of paternity with divorcing parents
In California, there is a law that states that if a man and woman are married when they have a child together then that child is automatically legally the child of the husband. However, if a man and woman get divorced before the baby is born, does paternity get more complicated? Yes and no. The law actually takes this into account and gives automatic paternity if a baby is born within 300 days of the divorce. This means that if the couple has sex on the day they are divorced, the baby could then be almost a month late and the father would still be considered the husband.
However, this can be complicated when the husband is not the father. In fact, infidelity is one of the most common reasons that couples get divorced. What happens when a husband discovers his wife is cheating on him and that the baby she is carrying is not his? It is more likely that he will not want to be a father to that child.
Luckily, the husband does have a certain amount of time after the child is born to request a paternity test. However, if he does not request the paternity test within the pre-decided amount of time, then he cannot legally do so later – except under extraordinary circumstances.
Contact an attorney right now if you are considering divorcing
Are you a woman who is pregnant and considering divorcing your husband? Or are you a man who is married to a pregnant woman whom you no longer want to be married to? Either way, now is the time to contact an attorney. You do not have to move forward with it, but getting the answers you need and information you need will help you make the most informed decision. Contact Law Office of Michael L. Fell at 949-585-9055 to set up a confidential consultation.