QUESTION
Can I file for divorce and not list baby on petition or summon?
Asked on Feb 09th, 2015 on Divorce - California
More details to this question:
I recently moved from California a couple weeks ago to come to Boise Idaho with my family because my husband of 6 months and I marriage is extremely unhealthy for myself and my baby. I am 13 weeks pregnant. I don’t know if I can file here in Idaho once I am here for 6 weeks. Do I have to disclose anywhere on the divorce petition about being pregnant? I know this is something that will go to court once baby comes but I just want to file for divorce and it be done! Do I file in Idaho or California? He resides still in California.
3 ANSWERS
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You will need to disclose that you are pregnant on the forms. Including the child does not change the timing of the divorce, you will be eligible for the divorce, whether you are pregnant or not, in six months. Right now, you have not earned residency in Idaho, the case would need to be filed in California until you have residency in another state.
Answered on Feb 10th, 2015 at 5:36 PM
Landlord & Tenant Attorney serving Boise, ID
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Shultz Law PLLC
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Filing for divorce, in and of itself, would not encompass the reference to or consideration of an unborn child. As you note, you will eventually have to, and indeed want to so that you can receive child support, claim the child. However, until it is born, the baby is part of you, it is not a separate entity. So, in the petition, where there is a place to list children, an unborn child need not be listed.
Answered on Feb 10th, 2015 at 1:39 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You'll need to consult with an attorney licensed by Idaho as to your ability to file for divorce there. Here, you don't list an unborn child in the petition and no child is listed in the summons.
Answered on Feb 10th, 2015 at 1:08 PM