What Are Fault Grounds For Divorce In Arkansas
In a “fault divorce,” you are alleging that your spouse did something that led to the divorcein other words, your spouse is at “fault” for the breakup of the marriage. You can file for a fault-based divorce in Arkansas based on the following fault grounds:
- impotence
- adultery
- incurable insanity, and
- willful failure to support the other spouse despite a legal obligation to do so. See Ark. Code § 9-12-301.
A fault divorce requires proof of at least one of the fault grounds. If you’re on either side of a fault divorce in Arkansas, you may want to contact an experienced family law attorney for help.
Find Out If Your State Allows You To Divorce While You’re Pregnant
Before getting yourself caught up in the search for a good lawyer and the filing of numerous documentsall of which can cause loads of stressfind out if your state actually allows for divorce during pregnancy. While this is a non-issue in many states, some statesincluding Arizona, Arkansas, Missouri, and Texasdo not allow a divorce to be finalized until the child is born so that you can complete a settlement and custody agreement.
If your state doesn’t allow it, you can get the ball rolling with a separation, but will need to wait to complete the paperwork.
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Did You Use Assistive Reproductive Technology
If you and your spouse used assisted reproductive technology, such as an egg or sperm donor, this could complicate parentage. When your spouse is not genetically related to the fetus, they may claim they are not a parent and will have no responsibility to provide custody and support. The court will often look at how you became pregnant and your intent, as a couple, to decide whether your spouse is a parent in the eyes of the law.
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Can You File For Divorce While Pregnant In Oregon
Its far from an ideal situation, but the reality is that there are times when marital disarray comes to a head while one spouse is pregnant. If you find yourself in this situation, youre likely wondering how pregnancy will affect the divorce process, or if youre even allowed to get divorced while expecting a child in Oregon.
The short answer to this question is:
Yes. You are definitely allowed to file for divorce in Oregon while pregnant. Because Oregon is a pure no-fault state meaning that the only grounds allowed for getting a divorce is irreconcilable differences whether or not you are pregnant is irrelevant in determining if you can file for a divorce.
That being said, there are certain divorce processes that pregnancy could disqualify you from. For example: Oregon offers a simplified divorce option, known as summary dissolution, for spouses interested in a relatively quick and simple divorce process. To qualify, spouses must have been married for less than 10 years, own no real estate, have personal property valued no more than $30,000 or debts totaling no more than $15,000, and are not seeking alimony. Additionally, the spouses must have no minor children, nor be pregnant. Unfortunately, pregnant spouses who would otherwise qualify for a summary dissolution are not eligible to apply for this option.
What Legal Issues Could You Run Into?
In general, the same rules apply when you apply for a divorce whether or not you are pregnant:
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Why You Can Still File For Divorce While Pregnant
Although a judge wont typically grant a divorce while the wife is pregnant, this does not mean you have to wait for the child to be born before filing. Instead, there are many advantages to filing a divorce now, months before the child is born.
For example, you can begin negotiating a settlement. Couples are free to decide issues between themselves involving:
- Child custody
- Division of community debts
- Spousal support/alimony
Some couples need months of negotiation before they can reach an agreement that both sides can agree on. By starting now, you might have ironed out many of the details by the time the baby is born. That could be ideal, allowing you a stress-free labor and delivery.
You might also need to attend mediation to help you reach an agreement. A mediator is a neutral third party who can help squabbling couples find common ground so that they can divorce amicably. The final months of a pregnancy could be a good time to engage in mediation.
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Emergency Child Custody Hearing
Either spouse may request an emergency child custody hearing for custody or visitation. There must be a showing of immediate harm to the child or immediate risk that the child will be removed from the state of California. Immediate harm to the child includes having a parent who has committed acts of domestic violence and sexual abuse of the child.
The court decides whether there are sufficient grounds for an emergency order, based on the paperwork filed with the court. If your spouse has given you notice for an emergency child custody hearing, as he is required by law to do, you are entitled to be served with all paperwork relating to the request before the judge sees it. You have the right to submit a written response to the court opposing the request for an emergency order.
Don’t Lose Custody During Divorce
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This means you dont get raked over the coals financially.
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Get Your Feelings Out On Paper
HuffPost blogger Debra Rogers found out her marriage was ending eight months into her pregnancy. The now relationship expert went on to author He Did You a Favor: A Smart Girl’s Guide to Breaking Up, Waking Up, and Discovering the Gift of YOU. According to Rogers, getting her feelings out in a journal was very therapeutic and helped her in the healing process.
“It allowed me to get all those crazy, self-destructive thoughts out of my head and onto the page,” she says.
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When The Husband Is The Father
Lets say that the husband is without a doubt the childs father and there is no question over paternity. Even still, child-related issues will have to be resolved after the baby is born. Such issues revolve around child custody, child support, medical support, labor and delivery expenses , daycare, etc.
Aside from child custody and support, theres another issue of concern: The labor and delivery. For some women, this is a sensitive subject. If the husbands affair led to the breakdown of the marriage, his wife may not want him anywhere near the delivery room. Or, if the husband was physically abusive before or during the pregnancy, his very presence may cause a lot of anxiety for his wife and she may not want him at the birth. So, whats a father to do?
In California, it would be very difficult to find a hospital that would let a father be there for the birth if the mother requested that he be excluded. But this can backfire on the wife. The father could argue in court that the mother barred him from bonding with his biological son or daughter by denying him the right to witness the childs birth.
A father may have to stay away from his wifes Golden Hour if she insists, but he may be able to get the court to allow him in to see his baby shortly after the birth itself, after the mother and baby have had skin-to-skin contact. To do this, the fathers family law attorney can request that the court give him bonding time after delivery through a custodial order.
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Divorce While Pregnant In California
Although you can’t get a divorce dissolution of the marriage while you or your spouse is pregnant in California, you can obtain a legal separation, but you will have to file for divorce after the baby is born. The grounds for a legal separation are the same as those for divorce. To file for legal separation, one party must reside in the county where the papers are filed at the time the case is started. However, there is no required length of residency as there is for divorce.
If both spouses want to legally separate and are in agreement on issues of property, debt, custody, support and all other issues relevant to the divorce, the case should be very straightforward. In most instances it can be handled by mail and with little or no contact with a judge. If you then decide to seek a divorce after the baby is born, you can file an Amended Petition and ask the court for a dissolution of marriage.
A summary dissolution is a streamlined process for getting a divorce, with no trial or hearing required in California. If you or your spouse is pregnant or there are other children of the relationship, you cannot go down that route.
What Happens If A Woman Is Pregnant In The Middle Of A Divorce
It happens every so often, that a woman going through a divorce will get pregnant. This is particularly important because it raises the following issues Will the court allow the divorce to be completed while the woman is pregnant? Is there a legal presumption that the husband is the father? What happens if another man, other than the husband is the father? If the parties are separated, at birth, does the husband have a right to be in the birthing room? Does the wife have to share information about her medical health concerning the pregnancy with her husband? If the husband is not the father of the child, what must the court do to make a finding as part of the divorce that the presumption is overcome as to the husband being the biological father?
Lets start with filing the petition for divorce. It is required under Wisconsin law to state in the petition for divorce itself, whether the woman is pregnant or not.
sec. 767.215 Initiating action petition and response PETITION CONTENT. Except as otherwise provided, in an action affecting the family, the petition shall state:
The name and birthdate of each minor child of the parties and each other child born to the wife during the marriage, and whether the wife is pregnant. .
At the time of the divorce, the court or your attorney will be reading from the petition for divorce and the wife will be asked the following question, based on the statement in the petition for divorce
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How To Get Through Your Divorce While Pregnant
Divorce is a life-changing event. Its a difficult, emotional time for both parties as they seek to end their relationship and get their lives back on track. Filing for divorce, negotiating a settlement agreement, and getting a judge to sign off on it is often a stressful and frustrating experience. If disputes over money, child custody, or spousal support cannot be resolved privately, the couple may need to ask the courts to intervene, further aggravating the situation.
The above process is made even more difficult if the couple is expecting a baby. When one spouse is pregnant, the stress and sadness that accompany splitting up can seem overwhelming. Worse, depending on the couples state of residency, there may be legal hurdles to getting divorced.
This article will discuss the legality of dissolving a marriage while pregnant. Well also offer a few helpful suggestions on dealing with the frustration of divorce and laying the groundwork for a healthy parenting plan afterward.
Dealing With The Frustration And Anxiety Of Divorce
Its easy to feel overwhelmed when youre pregnant and seeking a divorce. The emotions that are likely to surface, from sadness and shame at ending your marriage to anger and frustration at your circumstances, can make it difficult to function.
It is important to remember that your unborn child may be able to sense your emotions. Research has shown that babies can sense the mothers psychological state while in the womb. Although the effect of stress, anxiety, and anger on an unborn child remains unknown, experts recommend taking steps to minimize such emotions while going through divorce.
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Divorce Attorney Assisting Indianapolis Expecting Couples With Divorce Proceedings
Divorce can be emotionally devastating.
A divorce while in the middle of your pregnancy is much more challenging.
After the pregnancy is discovered, and you still wish to continue with the divorce, you have a few additional steps to consider before finalizing your settlement. Furthermore, it is in your best interest to speak with a family law attorney.
An attorney can address the custody and support issues that arise once the baby is born and ensure your childs best interests are considered.
Factors Slowing Down A Divorce During Pregnancy
Given that not all states are in a rush to divorce pregnant couples, spouses may face several barriers on the path towards the divorce. These difficulties include establishing paternity, determining custody, assigning child support, and other things.
Lets consider in detail all the challenges that typically slow down the divorce process.
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You Will Need Help And Support
Whether you are likely to have sole or joint custody, you will be a single parent. This is challenging, and you will benefit from emotional support and practical help. Lean on friends and family members when you can. Ask for help with grocery shopping, cooking, cleaning, and other chores in the weeks after the birth, especially if you undergo a cesarean section or have complications and need additional rest. If you do not feel you can rely on friends and family for emotional support during the divorce and single parenthood, seek out a support group or parenting resources online or in your area.
Get The Support Of Legal Representation
Parenthood and divorce have one thing in common: theyâre both life-changing moments. Add the two together, and youâre facing a monumental transformation. At such challenging times, itâs vital to have the support of the best divorce attorney.
A skilled and caring family law attorney will help you to achieve the best possible settlement – but will also guide you on some of the softer aspects of your divorce, like the importance of compromise and reconciliation.
Divorce lawyers can also help with form filling and meeting critical deadlines. It can sometimes be challenging to think straight when youâre expecting, but a family court attorney will ensure that everything stays on track.
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Impact On Child Custody
The involvement of a husband in the life of his wife during pregnancy can affect the custody arrangements. For instance, if you plan to raise your child alone and anticipate a custody battle, begin monitoring your spouses participation in the baby-related activities.
In particular, note all joint visits to the doctor, interest in your health, and all things your spouse has bought for the future child. Your spouses involvement or absence during the pregnancy can make a difference for a judge when determining custody.
If both parents are willing to participate equally in the childs life, they can make a parenting plan. Its contents vary from state to state but typically cover the same key points.
Lets take a California parenting plan as an example, which includes:
- Physical custody arrangements, such as with whom a child will be living.
- Legal custody arrangements concerning daycare, healthcare, education, etc.
In some states that allow divorce during pregnancy, when you choose to start a marriage dissolution process can also impact the husbands parental rights. Youll want to consult a legal specialist with extensive experience in such matters to pick the right moment depending on what outcome you desire.
What If The Unborn Childs Biological Father Is An Affair Partner
If a wife is pregnant by a man who is not her husband, the husband may want to relinquish his legal paternity of the child. He can do so by signing a Waiver of Paternity Affidavit and having it notarized. If the biological father wishes to have legal paternity, he may obtain the signed waiver and submit it alongside his own Voluntary Acknowledgement of Paternity to the Arizona Division of Child Support Services.
State law says that proceedings to establish paternity may be done even during the pregnancy of the mother.
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Paternity Of The Child In Question
Suppose that the man that you are married to is not the biological father of your unborn baby. Weve already discussed the presumption that the State of Texas has on the books as law- that your husband is presumed to be the father of your child.
You will need to counter this presumption by having genetic testing conducted on your spouse and your child but this understandably cannot occur until after your baby is born. A key part to this equation is that your husband must agree to be paternity tested. If he refuses then your assertion that he is not the biological father of your child goes out the window.
Your husband can also file a document called a Denial of Paternity and for the biological father to accept paternity by filing an Acknowledgment of Paternity. The Texas Family Code in section 160.305 spells out clearly that by doing each of these things your husband will no longer be presumed to be the father of your child and has no rights or duties under state law as to that child.
