QUESTION
Can I begin the divorce process while I am pregnant and legally choose what my baby’s last name will be without his consent?
Asked on Aug 25th, 2012 on Divorce - Florida
More details to this question:
I am 22 weeks pregnant. My husband and I have been married less than four months and I want a divorce. He abuses me and is unfaithful. I am worried for my child’s safety and me.
20 ANSWERS
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Yes.
Answered on May 29th, 2013 at 10:44 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You should start the process now. He may still want the baby to have his last name.
Answered on Sep 03rd, 2012 at 1:17 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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You can use your last name, but if he wants he can go to court to try to get his name on the birth certificate, sometimes with a hyphen (-) between your and his name.
Answered on Aug 29th, 2012 at 11:28 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes you can legally divorce him anytime..AS to the baby's name.. let the court decide who has legal custody .. then you can make the decision.
Answered on Aug 29th, 2012 at 11:17 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can begin the divorce process. The question of who can decide what to name the child will be answered by the Court if you and your husband can't agree. The child's last name will have nothing to do with the decisions about what kind of allocation of parenting time may be granted to father.
Answered on Aug 29th, 2012 at 10:28 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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You will need to proceed with filing for dissolution and address custody and parenting time issues as part of that. As for the baby's name, if he does not challenge paternity and requests that his name be included, the court would likely order that the baby's last name be hyphenated. So at the hospital you can name the child as you wish, but just understand that if he pushes the issue later on, the baby's name could be ordered to be changed and hyphenated.
Answered on Aug 29th, 2012 at 9:08 PM
Suzanne H. Lombardi
You can start the divorce process but be aware that in Alaska if you are pregnant during the marriage then your husband is legally the father of the child. If he is abusive you may want to look into a Domestic Violence Protective order. In that process you can ask that he leave the home and have no contact with you. An attorney can help you with the paperwork so that your rights are protected and you are protected as well.
Answered on Aug 29th, 2012 at 9:01 PM
Yes, you can separate and obtain a divorce at any time, including when you are pregnant. If you want to move to another state or even out of the area, do it now, while you are pregnant. Once the baby comes, it will be more difficult both legally and physically.
Answered on Aug 29th, 2012 at 8:54 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You must meet with an experienced divorce attorney. If he is the father then you should not NOT list him on the birth certificate.
Answered on Aug 29th, 2012 at 2:46 PM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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You can begin the divorcee process while you are pregnant. You do not have the right to choose your baby's last name at the exclusion of your spouse. If you are concerned about your personal safety then you can petition the court in the divorce action to address that matter or you may file a petition for a restraining order. Since your child has not been born it is a difficult legal argument to say that he is a direct threat to the child. But you can always petition the court.
Answered on Aug 29th, 2012 at 2:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney now, you may file for divorce when pregnant.
Answered on Aug 29th, 2012 at 2:34 PM
Leonard A. Kaanta
Yes you file for divorce, but it will not be granted until after the birth of the child, and no the fater's name must be on the birth certificate and he has parental rights and obligations to the child.
Answered on Aug 29th, 2012 at 2:07 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You can begin the divorce process whenever you please, but you can't get a divorce until after the child is born. If it's your husband's child, you probably won't be able to determine the child's surname without his involvement.
Answered on Aug 29th, 2012 at 2:04 PM
You may begin the divorce process at any time after you are married. Your child's name will reflect what you put on your birth certificate.
Answered on Aug 29th, 2012 at 2:00 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can file for divorce anytime (even during pregnancy), but I don't think it is likely that you can prevent him from having his name as part of the child's last name.
Answered on Aug 29th, 2012 at 1:59 PM
James Albert Bordonaro
Yes, you can begin the divorce now and you probably have the right to name the child but I court could change the name depending on the laws in your state if your husband files an objection.
Answered on Aug 29th, 2012 at 12:36 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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You can start your divorce at anytime. He can ask the court to I include his name. An action leaving him out when it comes to the child could have an impact on custody.
Answered on Aug 29th, 2012 at 12:31 PM
Yes, you can begin the divorce process while pregnant. Regarding the baby's last name, if your husband takes an active interest in the child and is present for the birth, the child's last name should probably be the same as your married last name. It can be changed later, if circumstances warrant. If your husband is not present for the birth, you choose the last name yourself, however, that choice can be challenged in Court should your husband take the initiative. Have you considered Mediation for a quick and inexpensive way to get divorced? Mediation is Fast, Effective and Affordable. Check it out. Good luck.
Answered on Aug 28th, 2012 at 9:45 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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You can begin the proceed. Final Judgment of Divorce will wait pending the child's birth. Mississippi will put the father on the birth certificate and the child will have the father's surname.
Answered on Aug 28th, 2012 at 11:00 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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You can file for divorce now and if he physically abuses you, you can get a domestic violence injunction for protection. The name is a more complicated issue. You should consult with a local Family attorney about that.
Answered on Aug 28th, 2012 at 10:58 AM