Is a divorce possible considering pregnancy or does one have to wait until after the delivery?
In Virginia, if there are children in the marriage you need to be legally separated for a year before a divorce can be granted.
I believe it is based on the state you reside in. I know my cousin in Indiana had to wait until the baby was born. But it sounds like in Virginia and Maryland that it doesn't matter.
You can divorce anytime you like. There is no one who will say "You can't get divorced since you are pregante" BUT they might suggest you sperate for a while before disiding you divorce compleatly.
In Delaware you do not need to wait. I work in a law firm & hear some of the things that go on during a divorce (I type the billing)& it doesn't matter that you are pregnant. You will have to wait until after you have had the baby to decide on custody & visitation for the new baby & your child support will change once the new baby arrives. Is it going to be a nice clean divorce or is it going to be a long drawn out fight? If it is going to be a fight I would wait until after the baby is born it will be healthier for your unborn child that way.
Loretta, I don't think that your pregnancy is important to the law when it comes to divorce. There's not even a space on the forms to talk about that, to my recollection.
PLEASE seek legal counsel IMMEDIATELY. What you agree to before the final decree can change the outcome of the financial settlement, so find an attorney NOW. I waited too long, and I lost out because of it. That is the most important thing to do now, not only for you but for your child as well.
I know a good, reasonable attorney in Annapolis, which is a little bit away for you. I think she's worth it. Her contact information is:
Susanne K Henley, Esquire
Robin K Henley, Esquire (her son)
47 West Street
Annapolis, MD 21401
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Pregnancy will not stop a divorce .. I know in my state the only stipulation for a divorce is no sex for 6 months before the divorce is granted ....the paperwork however can be started and filed in the courts at anytime
In MD you have to be separated for at least a year before divorce. And yes, I agree with previous posters. You'll probably want to call an attorney immediately. This is the time to get your ducks in a row and prepare for the divorce itself. Good luck to you.
There is no reason to stay together if you are both unhappy, that just creates a worse situation for everyone involved. Most states require you to be separated for one year before you can file for divorce anyway.
I know that in VA if you have a child you have to be separated for a year (I'm still waiting that year out) but I'm not sure if the child has to be born yet or not. Either do some research online, do a consult with an attorney (some do it for free but most charge for the hour) to get questions answered or you can contact Dept of Social Services to speak with a free attorney. He will need to pay child support and share medical costs so you'll need an attorney or social services either way to set it up. Let me tell you from experience, have child support deducted from his paycheck right off the bat.
I am going through a divorce right now. If you are both residents of Va.(6mos.+) then you have to be separated for one year before you can file for divorce. It does not matter that you are pregnant. Custody, child support, alimony are the papers that you need to file for with the county that you live in. Best wishes---
