Divorcing a pregnant woman

[divorceme1]

What is the name of your state? Hawaii. What is the law about a military man seeking a divorce from a pregnant civilian woman? I'm being told I have to wait until the baby is born and I want to know is that true?!

 

[Ohiogal]

What is the name of your state? Hawaii. What is the law about a military man seeking a divorce from a pregnant civilian woman? I'm being told I have to wait until the baby is born and I want to know is that true?!

I am not sure about that as military law is a practice area upon itself -- consult an attorney on base and they should be able to tell you. You will almost definitely be considered the father of the child though because the child was conceived during the marriage. Hence you will be responsible for child support and sharing in the expenses of the prenatal care and delivery.

 

[divorceme1]

I thought divorce was granted by the state and not the military. Couldn't a divorce be granted before the delivery of the child, and the wife just be granted medical coverage to continue until the baby is born?

 

[Some Random Guy]

Most states have laws or policies preventing a divorce from proceeding due to the stigma atttached to a birth to unwed parents.

You may recall the case in the national news last year where a woman who was abused by her husband was prevented from getting a divorce because she was pregnant (presumably not from her husband).

 

[rmet4nzkx]

There are not enough facts to advise. Please consult both JAG and a civilian attorney. The divorce is a civilian matter but the military may have expectations for you on how you manage benefits according to your command. Some military members have been charged with domestic violence in the military because they divorced their spouse and cut off their support, while others are allowed to divorce and cut the strings stranding the spouse. You may file for divorce, the fact that she is pregnant will affect the progress of the divorce and any related settlements. The biggest factors being paternity, is this your child? Do you have other children? Is HI your home/primary state of residence which will affect future moves and parenting plans. If the child is not yours then you would want to request a DNA test before finalizing any parenting plan or divorce settlement.

 

[Ohiogal]

I thought divorce was granted by the state and not the military. Couldn't a divorce be granted before the delivery of the child, and the wife just be granted medical coverage to continue until the baby is born?

Yes and no. It is granted by the state, however there were many "protections" put into law so that those who were going to serve overseas would not be surprised with a divorce or other legal actions. I dont know the details but I have talked to military spouses who said that there divorces were mucked up due to the spouse being in the military. Like I said, I do not know the details but it is something that a JAG would be able to tell you.