Pregnant and divorcing? What you need to know

Being pregnant can be an incredibly difficult time in a woman’s life, between the physical discomfort, the emotional peaks and valleys and the constant changes that come with such a dynamic event. Fathers-to-be also face some challenges when it comes to being supportive and planning for the future.

As tough as this time already is for expectant parents, it can become even more distressing if it coincides with the filing of a divorce. If you are someone who is expecting a baby and also divorcing, you have a lot on your plate and it can certainly be overwhelming.

Many issues can arise when divorcing couples are also expecting a child. For instance, last year, actress Megan Fox and actor Brian Austin Green filed for divorce. Since then, the couple has announced they are expecting their third child together.

If you are also in this situation, there are a number of issues that need to be resolved with a pregnancy in mind.

To begin with, there may be concerns about the paternity of the unborn child. In most cases, if a couple is legally married, the husband will automatically be named as the baby’s father. If the baby is not the husband’s, the mother, the husband and the biological father will have to complete some crucial paperwork to properly identify the legal father.

There can also be concerns about property division. In Fox and Green’s situation, for example, reports indicate that any money earned after the two separated is likely to be considered separate, which will affect how property is distributed. Property division can also impact the child support that Green is reportedly expected to pursue.

Finally, it should also be noted that divorcing while pregnant sparks some limitations. In some states, the law prohibits a person from even getting divorced until after a baby is born.

Additionally, a woman may try to limit the father’s permissions to be present at doctor’s appointments or the delivery, or a father may decide he wants nothing to do with the baby. In either case, it can be crucial for both parents to understand the legal ramifications of such decisions.

If you are in this situation, you need to understand your rights and options. While your child may not yet be born, he or she can be significantly affected by a divorce before or immediately following birth.

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