Can I Get a Divorce in Indiana If I Am Pregnant?
Divorce is always perceived as tragic, even though, according to statistics, about half of couples who are officially married break up. No newly married couple can think that they will have to face the bitterness of divorce. It seems to a young couple, inspired by the love that happiness will last forever, they will become old and live like in a fairy tale. However, modern world statistics gives very disappointing figures.
Unfortunately, these statistics show that most marriages are falling apart for various reasons. Despite the traditions, moral principles and ethical standards, sometimes there are situations when a divorce occurs even during the pregnancy of the wife. Many people are much disturbed by the case when spouses who are expecting a child want a divorce. Is divorce during pregnancy always a tragedy?
But let’s not say that only men are initiators of a divorce during pregnancy. Often a woman during pregnancy herself takes this step. There can be a lot of reasons for this. Surviving a divorce at this time is very difficult, and you have to look for ways to escape and relieve in this challenging period.
Divorce While Pregnancy in Indiana
Indiana provides for unforeseen life situations. You can file for divorce during pregnancy, but this will significantly complicate the divorce process.
You can apply for formal divorce. However, it is worth noting that in the current state your divorce process will not be completed until the birth of your child. Proceeding from the fact that the dissolution of marriage without conditions such as pregnancy takes a lot of time and effort, then everything becomes more complicated during pregnancy. In many cases, the judge may require you to appear in court again after the child is born to resolve custody questions.
What does the presumption of paternity mean in marital pregnancies? A person who wants to establish paternity can be both a mother and a father. Based on this presumption in Indiana, it is assumed that if the wife becomes pregnant during the marriage, the husband is the biological father.
When filing a petition for divorce, it is imperative that you indicate pregnancy. It is worth paying attention to the critical point that according to the statement of the man who hid the fact of the wife’s pregnancy, a court hearing has already been scheduled, it is terminated at the request of the spouse, who will provide evidence of the fertility. The case is concluded at any time before the decision is rendered.
When the Husband Is Not the Biological Father
If the spouse is not the biological father of the child, then the court can begin the divorce process and designate the child as “not the child of the marriage,” which facilitates the divorce process. If the husband doubts that this is his child, then he can request a paternity test before giving up his paternal rights. It is worth paying attention to the fact that if the child is indicated as an extra-marital and the divorce proceedings have already begun, then the possibility of returning his paternity rights after the divorce is excluded.
What If You Want to Disprove Paternity?
It also happens that a woman decides to refute fatherhood. If you are married, however, you know that your husband is not a biological father, you can disprove paternity. However, it will be necessary to try to prove the following three things to the court:
you did not live with your spouse at the time of conception;
there was no sexual contact with the spouse during the notion of the child;
your spouse does not consider this child his own and does not want to do this.
Problems That May Arise After a Divorce
If the husband is not the father and you do not have any disagreement on this issue, then at the end of the trial, the husband can be freed from paying alimony, custody and the possibility of visiting the child. However, after the birth of a child, it may be necessary to have a regular meeting to receive instructions on these issues.
Do not forget to file for child support during the divorce process. Doing this after the final verdict of the court will not be easy enough.
What Does Guardian Ad Litem Mean?
Attention should be paid to the fact that the court can issue a ruling on the need for a guardian child after birth (GAL). In which case can the court make such a decision? In the case when the court will assume that the child lives and is not brought up properly. After the baby is born, questions can be brought to court. After that, the GAL will investigate which will provide information to the court about what is best for the child. GAL’s interests are directed exclusively at the child. Sometimes, GAL services are resorted to establishing paternity. It is worth noting that both parties will pay services unless the court decides otherwise.
Things to Think About
Think about your current financial position, as well as your future. Will you be able to afford the economic costs that will be associated with legal advice and divorce process? Think about whether you can ensure a stable financial situation after the birth of a child.
If during the divorce you start having disputes, then you cannot do without professional legal help. Solving issues that are associated with guardianship and alimony on your own is not quite easy. Since the pregnancy complicates the trial and delays it for a long time, the payment for the help of a lawyer will be very high for both parties.
It is worth paying attention to the fact that your husband may express a desire for custody of your child. And if you, by mutual consent, declare that he is not the biological father of the child, then you will be left without the right to receive alimony.
Think about the fact that if your spouse already has a new darling, then most likely she will also take part in the life of your child. Of course, if your husband is entitled to custody.
In the case when your spouse will have custody of the child you need to think about how you will distribute time to the child. You need to delay your emotions and understand that you will have to be in good relations with your ex-husband for the benefit of your child. Think, can you master it? Therefore, it is necessary to clarify all the details with your spouse before or during the divorce proceedings. Tell your lawyer about your wishes and how do you think will be acceptable to both parties.
Think ahead of things like hospital bills and insurance. Talk with your spouse about this, and if you don’t agree, you should consult a lawyer for advice on this issue. Few people think about such an essential aspect in advance, but to avoid problems in the future, this must be brought to the fore.
It is necessary to make a plan for raising a child. It is desirable that this plan is drawn up mutually and satisfy both parties. If you cannot find a solution to this issue and make a schedule, you can use the help of professionals. They will be able to adjust the program so that it is in the interests of the child and convenient for both parents.
Remember your emotional state. This is not unimportant in your position both for you and your unborn child. Anyway, the divorce process is not a very pleasant thing. And given the fact that in Indiana this procedure will take a lot of time as well as effort.
Think about how difficult it is to be alone, both during pregnancy and when a child is born. When someone is with you, it is much easier to live, and this can help a lot.
And in the end, today there is enough data that confirm the fact that children live better in a house with two parents. According to various studies, single mothers have an increased risk of both physical and mental illness. Think with your spouse about the future of your child. Children feel better with their two parents. Therefore, this is another good reason to rethink divorce during pregnancy.
Can I Deal Without the Help of Lawyers?
Each trial is purely individual, and the outcome depends on many factors. Taking into account the pregnancy, there may be quite a few problems, and issues with which is not always possible to cope on your own. If you do not have any disagreements with your spouse about the divorce, you can try it yourself. However, if there is a lot of dispute, it will be difficult to manage without professional help. Experts will tell you about such vital points as for how to get child support, insurance for a child.
Why Do You Need Professional Help?
Divorce during pregnancy requires a lot of effort and of course time. There will be quite a few questions that need to be resolved. Unfortunately, it is not always possible to do without professional help.
It is worth paying attention to the fact that the cost of legal services can be pretty high. This is because the trial may last a long time. Therefore, it will be necessary to make a list of questions in advance and ask the lawyer. This will help reduce the time the lawyer works, and, accordingly, your finances. If you already decide to use the services of a lawyer, then you need to choose the most professional specialist.
It should be noted that pregnancy does not in any way prevent any of the parties from filing a divorce. If you have already made a decision, then pregnancy is not a fact that can cancel it. However, this does not mean that you will be divorced immediately. The divorce process is still rather unpleasant, especially in such a beautiful period of a woman’s life as a pregnancy. Therefore, if there is even the slightest chance of saving a marriage, it is necessary to take hold of it. Moreover, there are many good reasons for this. The state of Indiana will not dissolve the marriage immediately if your husband is a biological father but will last until the birth of the child.
It is not uncommon for spouses to remain in ordinary human relations after the divorce. If a civilized dissolution of marriage is your case, then do not refuse the support of the future father of the child. He is obliged to provide assistance and attention to the baby. Perhaps, at the time of birth, your child will have both mom and dad, who were divorced, but retained the ability to communicate regularly.