CAN I FILE FOR DIVORCE IF I AM PREGNANT?

Bringing a baby into the world is meant to be a joyful and thrilling experience.

However, when a couple is facing marital problems and considering divorce, a pregnancy during this time can be both emotionally taxing and legally complex.

In certain states, being pregnant can greatly affect the process of seeking and completing a divorce. What are the stipulations of Michigan law regarding divorce and pregnancy?

Is it Possible to File for Divorce During Pregnancy in Michigan?

In Michigan, Yes, you can initiate a divorce while you or your partner is pregnant. There are no legal barriers to proceeding with a divorce during pregnancy. However, it is necessary to inform the court about the pregnancy.

Important Legal Factors to Consider When Divorcing During Pregnancy

When dealing with divorce during pregnancy, there are legal considerations to keep in mind. In Michigan, there is a mandatory 60-day waiting period before a divorce can be finalized by the court.

This means you can start the divorce process while pregnant, but depending on the stage of the pregnancy, the divorce might be finalized after the child is born. If there are any concerns or questions regarding paternity, a judge may choose to delay finalizing the divorce until paternity is determined.

Moreover, when filing for divorce in Michigan, you are required to disclose your pregnancy in the paperwork. Michigan judges require full knowledge of the marital context to properly address matters of property division, child support, and child custody.

Pregnancy and Divorce Challenges

One challenge that may occur with pregnancy during the divorce process is determining paternity. Under Michigan law, if the parents are married when the child is conceived, the spouse is presumed to be the child's biological father. If there are concerns about fidelity within the marriage, establishing paternity might be necessary, which can complicate the divorce and prolong the resolution of the case.

Another challenge to consider when filing for divorce during pregnancy is the emotional and physical toll it can take at a time when a woman may feel particularly vulnerable and emotional.

Divorce can be stressful, affecting the health of both mother and baby. However, remaining in an abusive or harmful marriage can also be stressful. It is important to discuss your specific situation with a compassionate attorney who can help you explore your legal options and provide additional support during this difficult time.

Why You Should Consult a Michigan Divorce Attorney

If you're pregnant and going through a divorce, it's crucial to receive compassionate and tailored legal guidance. At Marke Gilbert and Associates, we are committed to assisting you during your divorce process. Reach out to our office today, and let's explore how we can help you manage pregnancy and divorce, allowing you to progress with your family in the best possible manner.