QUESTION
When can you file for divorce if wife is pregnant?
Asked on Apr 07th, 2014 on Divorce - Florida
More details to this question:
I have been told I have to wait 60 days after the birth of the baby before divorce papers can be filed and then it would be another 61 days before the divorce would be final. Is this correct or can the divorce papers be filed as soon as the baby is born and be final in 61 days?
10 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If you are divorcing while a spouse is pregnant or after the baby is born it will not matter when you file.. However in Michigan it takes a MINIMUM of 6 months to get divorced with a minor child of the marriage.
Answered on Apr 09th, 2014 at 7:50 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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I don't know what state you're in. Given that you talk about 60 days, it's not WA. Re-ask your question with the specific state.
Answered on Apr 09th, 2014 at 12:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are in Michigan you are incorrect. If you are not speak with a local practitioner of family law.
Answered on Apr 09th, 2014 at 12:07 PM
You can file at anytime.
Answered on Apr 08th, 2014 at 8:42 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Divorce can be filed at any time.
Answered on Apr 08th, 2014 at 8:00 PM
In California you need not wait to divorce when the wife is expecting. The time frames listed in your question do not apply to dissolution in California.
Answered on Apr 08th, 2014 at 8:00 PM
Mediation Attorney serving San Jose, CA
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Law Offices of Ernest A. Cardona, PC
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You can file for divorce anytime you want. The pending birth or the birth of a child has nothing to do with timing of filing or serving divorce papers in California. There is also a six month waiting period for a divorce to be final, but this is not set in stone other than to say that nobody can become single sooner than six months after the responding party is served with the papers, no matter how fast you do the divorce judgment. You should talk to a family law attorney about this right away. Big potential problems with not only divorce but also custody, visitation, and child support.
Answered on Apr 08th, 2014 at 8:00 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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However, custody will become an issue and the judge won't be able to rule on custody until the baby is born, assuming the husband is the father.
Answered on Apr 08th, 2014 at 7:59 PM
Wife being pregnant is not an obstacle for filing for divorce. You should not have to wait until after the birth.
Answered on Apr 08th, 2014 at 7:58 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Florida allows filing of divorce at any time.
Answered on Apr 08th, 2014 at 7:57 PM