Divorcing While Pregnant

Posted on October 12, 2020 11:41am
Divorcing While Pregnant

If you are pregnant and seeking a divorce, make sure you know how your current state could affect your legal proceedings. An unexpected pregnancy can become quite complicated when the expecting couple is interested in dissolving their marriage, which is why it’s important to act quickly to seek legal advice and discover your options. Although speaking to an attorney is undoubtedly the best option, we’ve also provided a brief explanation to help shed light on your situation.

How Does Oregon Law View Pregnancy During Divorce?

Technically speaking, there is nothing stopping you and your spouse from filing a divorce while one of you is pregnant. However, the divorce cannot be finalized until child custody and support matters are addressed—and that’s rather difficult to do before the baby is born.

The court will need the baby’s Social Security number, along with other vital information, once he or she is born. Until that point, the court cannot finalize any child custody arrangements. That being said, you and your spouse can discuss the matter ahead of time.

Planning Ahead

If you establish a parenting plan, including a spousal support arrangement and custody agreement, you’ll be able to prepare the appropriate documents while you wait for your baby’s arrival. Once your child is born, the court should be able to use your pre-planned agreement to finalize the divorce.

Know Your Next Step

The divorce process is nearly always complicated, which is why it is important to seek counsel from an experienced attorney. The attorneys at McKinley Irvin can work with you to develop a family law plan that suits your needs, whatever your situation. To ensure you have the support and guidance you need, please contact our team.

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