Divorce While Pregnant

Divorce While Pregnant In Ohio

It is not an uncommon problem for a married couple to seek terminate a marriage while the wife is pregnant. Therefore, a common question asked to divorce attorneys is “Can I get a divorce while pregnant?” Variations of this question include the ability to obtain a dissolution or legal separation while pregnant.

The answer to these questions creates a unique family law issue in Ohio. The technical legal answer to the questions is that a person can obtain a divorce, dissolution or annulment while pregnant. However, the practical answer to these questions is often that a divorce, dissolution or annulment will not actually be granted by the court while one of the parties is pregnant.

Vary law on Divorces during Pregnancy

It is a common perception that a person cannot secure a divorce, dissolution or annulment while pregnant in Ohio. Title 31 of the Ohio Revised Code deals with Ohio’s domestic relations laws (family laws). There is no code section contained in this set of laws that prevents a person from terminating a marriage while pregnant.

However, domestic relations courts, often referred to as divorce courts or family law courts, will often avoid granting a divorce, dissolution or annulment when one of the parties is pregnant. This often leads to a divorce case being filed, but the actual granting of the divorce to be delayed by the court until after the child is born. Why is there such a big difference between the law itself and the actual result/procedure with the courts? This appears to be a question without a singular, clear answer.

The most commonly stated reasons that a divorce court will delay granting a divorce while one of the parties is pregnant, is that the child related issues cannot be determined until the child is actually born. This will allow the father-child relationship to be established or disproven. It will also allow the court to grant orders regarding all child-related issues like custody, support and visitation.

It also provides clarity as to which court has jurisdiction over the child and the child related issues because in Ohio children born during the marriage are subject to the domestic relations courts and laws, while children born outside of a marriage are subject to the juvenile courts and laws.

Therefore, though possible to secure a divorce, dissolution or annulment in Ohio while pregnant, it is not an easy process, as most courts seem to prefer to hold the granting of the marriage termination until after the child is actually born.

How Can a Divorce Attorney Help?

The best divorce attorneys are familiar with the law. Divorce lawyers will have experience navigating the legal process and the courts with difficult legal issues like attempting to secure a divorce while pregnant. A family law attorney will often have familiarity with magistrates and judges, including the ability to discuss legal matters with them.

The bottom line is that a skilled divorce lawyer is probably your best option if you are attempting to purse the task of securing the termination of a marriage while pregnant. The attorneys at Barr, Jones & Associates are capable of dealing with this legal issue. Call us today for your free telephone consultation. We are here to help.