The divorce process is an emotionally turbulent time for couples. But other elements can complicate things. These elements usually revolve around the division of assets or custody arrangements. But, one of the issues that may combine these components and more is when your spouse is pregnant during the process of divorce.
Florida has its own laws regarding pregnancy that coincide with divorce proceedings. Knowing how pregnancy can affect divorce and the ensuing custody arrangements is important for both parties. Since this issue is quite complex, working with an attorney with experience representing parties in Florida’s family court system is important.
In this article, we will explore the question ‘’Does Pregnancy Impact Divorce in Florida, so individuals can know the key things to consider for a pregnancy during a divorce and what occurs in Florida.
Is It Possible to Get Divorced While Pregnant in Florida?
A simple answer is yes. However, there are several legal ramifications to consider before choosing to end marriage in Florida. One of them is to determine child custody, also called parenting plans. Each state has its way of handling custody determination as regards unborn children. States like California have legislation that stops couples from finalizing divorce processes until a pregnancy ends. The aim is to make the custody division process simple. However, there is no such law in Florida, as spouses can get divorced even if a party’s pregnant.
But that’s in theory since it is not so true in practice. When filing for a divorce in Florida, parties must fill out a petition form for marriage dissolution; spouses must state their pregnancy status in the paperwork.
The specific form to fill is 12.901(b)(1). In cases of pregnancy, judges often delay finalizing the split to make sure the baby is born with a legal second parent. But there are ways you can avoid this:
- When both parties attest that the non-pregnant spouse is not the parents, with the biological father signing a paternity affidavit, the judge will de-establish the paternity of the spouse to protect them from an illegitimate child support and custody order and finalize the divorce. With the affidavit of the biological parents, the baby will have two legal parents at birth.
- When both parties attest that the nonpregnant spouse is the parent of the child, it is treated as though the child is already born, and the child’s custody and support are determined in advance.
However, in a situation where either spouse contests the pregnancy parentage, the judge may order the couple to wait until the child is born before matters are finalized. Therefore, the paternity claim is handled as a part of the broader divorce proceeding.
Finalizing a Divorce Case With a Pregnancy?
Starting a divorce is quite effortless. However, finalization can complicate things, especially when a pregnancy is involved. Let’s explore some of the reasons why delays may occur:
Establishment of Paternity
A major problem that requires sorting out during a pregnancy divorce is determining legal fatherhood. Florida has a presumption that the legal father of a child born during marriage is the husband. However, when the question of paternity comes into play, it must be resolved to ensure rights and responsibilities are figured out. This process or situation is called disestablishment of paternity. The process usually involves DNA testing to ensure facts are set straight. Though it may be complex, it is a required endeavor to ensure there are no doubts. Ensuring paternity issues are resolved clarifies who will be responsible for child support and the rights they will have.
Under Statute Section 382.013, Florida recognizes the new spouse of a mother or domestic partner as the child’s other parent. However, if a couple has divorced, this does not apply. Children born after a divorce is finalized don’t automatically have a legally recognized second parent. Therefore, many judges don’t finalize divorces to ensure there is no complex paternity action and confirm that the appropriate sources receive the exact rights and responsibilities regarding the baby.
Determining and Awarding Child Support
After determining paternity, the parties must select a parenting plan that shows when the child will spend time with both parents. When This is not added to the greater divorce proceedings, the divorce process usually takes longer. So, it is best to develop a parenting plan in advance and return to the court when adjustments are required later.
Child support is usually determined before the spousal support in divorce cases. This makes sure that neither party’s finances are unfairly affected. If a divorce is finalized before childbirth, the court might have already determined an initial child support order.
However, problems such as a baby with special needs or changing parenting plants might require this order to be revised. Alterations alongside the combination of alimony and other divorce orders might affect the finances of the paying party.
What are the Exceptions?
Though the process of finalizing a divorce with pregnancy can cause delays, there are exceptions. Divorce can be processed to its completion before the baby is born if:
- The biological father signs an affidavit, thus accepting full responsibility for the child.
- The husband isn’t the biological father of the child.
In both cases, the legal process is simple. Therefore, there is no delay.
Conclusion
When couples prepare to divorce, they mostly look to end their legal titles to their ex. Whether you are relieved to no longer be in a bad marriage or excited about beginning a new life, finding some unexpected reasons to stay is the last thing on your mind. Regrettably, many couples experience this situation when they find out they are pregnant or their spouse is pregnant while preparing for a divorce. If you find yourself in this situation, ensure you seek help from expert divorce attorneys at Affordable Divorce Center, with offices in Boca Raton and West Palm Beach. You can learn more about how we can help you by scheduling a visit today.
