This is an example of legal advice. For personalized advice, please visit the divorce advice page.

You will likely get legally divorced only after the birth of a child

Ending a marriage is challenging for both spouses, and it becomes more complicated when one of the spouses is pregnant.  Before making any major life decisions, we advise you to discuss a potential divorce with someone you trust. Expecting a child can make you feel overwhelmed, so take time to relax and consider what you want. Ending a marriage is challenging for both spouses. It is not only emotionally stressful, but you must also deal with numerous legal processes. But we're here to help! It's great to have a family law attorney helping guide you through this process. Spouses are equal in terms of their rights in divorce. Either spouse: Can file for a divorceCan get child custody (while being a legal parent) Can receive alimony (spousal support). The general rule is that a spouse who earned less is entitled to alimonyHas rights to marital property that was acquired during the marriage. Marital property is divided between spouses according to states laws and a spouse's agreement or a court's ruling Usually, spouses can file for divorce, even if one of the spouses is pregnant. However, a court will not finalize a divorce until the birth of a child. The rule that you can finalize your divorce only after the child is born was made to protect the child's rights. While you are expecting your child, you can try to reach some preliminary agreements with your spouse about who will get primary custody, who will pay child support and medical support, and what the visitation plan and parenting plans will look like. You can try mediation, a process through which a neutral mediator will help you reach an agreement. If you can find common ground, your divorce process will be easier. You can file for an uncontested divorce and do not need to litigate. Otherwise, a court will step in and help you decide on divorce issues. Such a type of divorce is called contested. Generally, the process for an uncontested divorce differs from the process for a contested one. However they both include the same steps. To get a divorce during pregnancy, you should:  Check if you satisfy the residency requirements of a state where you file for a divorceGet an index number (number of your divorce case) and pay the filing fee Understand what type of divorce you will file for (uncontested or contested). A contested divorce applies when one spouse disagrees with the other on at least one divorce issueOne spouse files a Petition for divorce (this spouse is called the petitioner) and necessary court forms for a petitioner that can be obtained from a court's website or from the courtA summons and a petition should be served (delivered) on the other spouse (this spouse is called the respondent) Respondent files an Answer to a petition and other court forms for a respondent that may be necessary. They can be obtained from a court's website or the courtSpouses complete and exchange Financial disclosures, documents that include information about each spouse's financial situation during divorce proceedings. Spouses also engage in Divorce discovery, a legal process that allows the spouses to request information from each other formally and third-party witnesses (for example, written questions, subpoenas, and depositions)If you and your spouse agree on divorce issues by yourself, you can file it with a court in the form of a Divorce Settlement Agreement to your divorce application and ask the court to approve itGenerally, you should wait until a child is born to finalize your divorceAttend a court trialYou have a possibility to appeal a court's decision on your divorce case Get a Judgment of Divorce signed by a judge. This document officially ends your marriage Since your divorce case concerns not only your rights but also the rights of your children, we advise you to contact a lawyer. Hiring a lawyer reduces stress, helps you achieve a better outcome, and mitigates further litigation risks.
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