QUESTION
Can I get divorced from my 7 weeks Pregnant Wife and Is it possible to get abortion if wife still wants to keep?
Asked on Oct 07th, 2012 on Divorce - California
More details to this question:
I got married in February, 2011 in Los Angeles. Unfortunately, I and my wife never got along and recently came to know that she is 7 weeks pregnant. Is divorce still a possibility and if I don't want this child, do I have any say for abortion? How long it may take to get divorce in such cases ?
9 ANSWERS
You can get a dissolution at any time. The amount of time that it takes depends upon how many contested issues there are. Whether your wife keeps the child or not is entirely up to her.
Answered on Oct 09th, 2012 at 8:56 PM
You may file for divorce any time after you are married. The minimum amount of time it will take is six months and one day from the date she is served with your Petition for Dissolution and Summons. However, you cannot force your wife to get an abortion if she doesn't want one.
Answered on Oct 09th, 2012 at 9:28 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can get divorced. You cannot have a say in the decision to abort the child or not. You did not say if you even think the child is yours. There is a minimum of 6 months and 1 day from the date the other party is served before you can be declare to be single again.
Answered on Oct 08th, 2012 at 3:35 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You will have to file for divorce to end the marital relationship. You cannot force the mother to abort the pregnancy if she does not agree.
Answered on Oct 08th, 2012 at 3:34 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can get divorced but you have no say on whether or not she keeps the baby. That is her decision and hers alone. As for how long it takes, it depends upon other facts in the case and how litigious she is.
Answered on Oct 08th, 2012 at 3:33 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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You have absolutely no say so at this point. The time you had a choice was before you slept with her.
Answered on Oct 08th, 2012 at 3:32 PM
Family Law Attorney serving San Rafael, CA
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Warren Law Group PC
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You can get divorced. You cannot compel her to abort. However, because 18 years of child support will be an issue, I encourage you to request a DNA test be done at the time of birth.
Answered on Oct 08th, 2012 at 11:40 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can divorce her whether she is pregnant or not. However you cannot make her have an abortion. You should get some custody so you can have input into his/her life and spend time with your child. In addition you may have to pay child support.
Answered on Oct 08th, 2012 at 11:16 AM
Michael Paul Vollandt
You can get a divorce and you have absolutely no say about the mother wanting an abortion. If you are not the father you can ask for genetic testing and if you are not the father then you are usually off the hook for support.
Answered on Oct 08th, 2012 at 11:11 AM