Pregnant and Considering Divorce

[CourtClerk]

Since you are the CA expert, please provide the overwhelming evidence that suggests otherwise in CA and I bow to it.

We'll start with the fact that CA has no standard visitation guideline like the other states... we'll end with the fact that the family code doesn't call for it either. However, since it was YOUR statement, I'd rather hear from you.

 

[gr8rn]

Just wondering along these lines, would a judge grant a divorce while the wife is pregnant, or is there a statute preventing divorce during the pregnancy. Just in general, I mean, if both parties want out of the marriage during the pregnancy would a judge grant it?

 

[CourtClerk]

Just wondering along these lines, would a judge grant a divorce while the wife is pregnant, or is there a statute preventing divorce during the pregnancy. Just in general, I mean, if both parties want out of the marriage during the pregnancy would a judge grant it?

You cannot have a divorced finalized while a woman is pregnant.

 

[Isis1]

Just wondering along these lines, would a judge grant a divorce while the wife is pregnant, or is there a statute preventing divorce during the pregnancy. Just in general, I mean, if both parties want out of the marriage during the pregnancy would a judge grant it?

she can file for divorce, but it won't be granted until after the birth of the baby. the judge will not *******ize the child. and the divorce decree will address the custodial issue of the child.

 

[CourtClerk]

she can file for divorce, but it won't be granted until after the birth of the baby. the judge will not *******ize the child.

Parents getting a divorce does not bast`ardize a child, whether born or not.

 

[Isis1]

Parents getting a divorce does not bast`ardize a child, whether born or not.

gosh darnit, there goes my point

if the divorce is granted before the birth, then doesn't THAT baster dize the child?

 

[CourtClerk]

if the divorce is granted before the birth, then doesn't THAT baster dize the child?

Divorce terminates the MARITAL relationship, not the parental relationship. If that's the case, then ALL children of divorced parents are basta-rds.

 

[LdiJ]

gosh darnit, there goes my point

if the divorce is granted before the birth, then doesn't THAT baster dize the child?

I realize that my state is not CA, but that is the exact statement that lawyers in my state make when they explain why you cannot finalize a divorce if the wife is pregnant.

 

[mommyof4]

just one consideration for the OP, if she comes back....pregnancy is NOT the time to be considering divorce.

if you chose to breastfeed, wait one year AFTER breastfeeding to determine whether you still want a divorce. otherwise, wait one year after the birth of the baby.

unless you are in physical danger, huge life changes and decisions need to wait.

Amen, amen, amen infinity +1.

 

[AkersTile]

You are considered legally insane while pregnant. Be Smart and don't make any major decisions. Once your hormones and brain are back in the order that they belong in you could seriously regret it.

 

[mommyof4]

You are considered legally insane while pregnant. Be Smart and don't make any major decisions. Once your hormones and brain are back in the order that they belong in you could seriously regret it.

Whle I agree hormonal fluctuations tend to heighten emotions during and after pregnancy and that it is NOT the best time to make a decision of this import....I in NO WAY agree that a pregnant woman is 'legally insane'. If that were the case, I could have done all sorts of illegal things at various points over a 9 year period and had a valid legal defense.

Pregnancy and legal insanity are not synonymous.

 

[AkersTile]

It actually is true as funny as it sounds, but someone also plead insanity for comitting murder after eating too many twinkies. Because pregnancy causes so many changes to both mind and body, a woman is not 100% in control of her thoughts or actions at any given time during pregnancy therefore, she can claim temporary insanity and have it work.

 

[mommyof4]

It actually is true as funny as it sounds, but someone also plead insanity for comitting murder after eating too many twinkies. Because pregnancy causes so many changes to both mind and body, a woman is not 100% in control of her thoughts or actions at any given time during pregnancy therefore, she can claim temporary insanity and have it work.

A woman can use legal insanity as a defense. That doesn't mean she IS. Further, ANYONE at ANYTIME can claim legal insanity, pregnant or not, female or not. That does NOT mean all pregnant women are classified as LEGALLY INSANE.

HUGE difference.

 

[>Charlotte<]

You are considered legally insane while pregnant. Be Smart and don't make any major decisions. Once your hormones and brain are back in the order that they belong in you could seriously regret it.

Pregnancy does not automatically render a woman "legally" insane. Any attorney may consider the condition as a possible defense, but if you believe that "you are considered legally insane while pregnant", you need to start deleting all your email that has "Fwd" in the subject line. Seriously. That's just ignorant.

 

[AkersTile]

This is true. I concede defeat But the point still stands on not making any life-changing decisions.