When people learn that a baby is on the way, their reactions may range from euphoria to dismay. A new baby affects every aspect of the new parents’ lives, whether their marriage is strong or on the rocks. Any divorce can be complicated, but how pregnancy affects divorce depends on a number of factors.
Who’s Pregnant?
Pregnancy may affect a divorce if the following has happened:
- The wife is pregnant with her husband or domestic partner’s child;
- The wife is pregnant with someone else’s child; or
- The husband has impregnated someone other than his spouse.
The last option may have
caused the divorce. However, the baby may have little or no effect on the final divorce settlement, at least concerning child custody and visitation.
Paternity May Be an Issue
A baby born of married parents is presumed to be the child of both parents. For example, if a woman becomes pregnant during her marriage and is still married when she gives birth,
parentage is automatically established.
If paternity is a little uncertain, the couple may have to wait until the child is born to determine who fathered the child. A husband has the right to ask for a DNA test to confirm that he is the biological father of the child.
As long as the husband is considered the legal parent of the child, he may be held
responsible for child support. As you might expect,
establishing parentage is complicated. Whether you are the father or mother, discuss your situation with an experienced divorce attorney as soon as possible.
Overall Effect on Divorce
California law
does allow a couple to file for divorce when one spouse is pregnant. However, the divorce generally will not be finalized until the baby is born.
For one thing, the divorce may be delayed if a paternity test is needed. Also, child support, child custody, and visitation issues usually cannot be resolved until the baby is born. In fact, California law requires that the child be born before custody arrangements can be made.
Pregnancy Affects Divorce in Different Ways
It may take a judge, but any issue that affects divorce, including pregnancy,
can be worked out.
You don’t have to go through this alone. The attorneys at the
Law Offices of Judy L. Burger are experienced at all phases of legal separations and divorce proceedings. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.
