When a couple enters into marriage, the thought of divorce is far from their minds. Separation is an unplanned and emotionally charged event, and when coupled with pregnancy, it becomes even more overwhelming. Many individuals in this situation often wonder if it is possible to get a divorce while pregnant in Louisiana.
Divorce Laws In Louisiana
Before addressing this issue, it is important to understand the legal requirements for divorce in Louisiana. The state allows for both fault-based and no-fault divorces. In the case of a no-fault divorce, one of the spouses must have resided in Louisiana for a minimum of six months prior to filing.
Louisiana law also mandates that couples live apart for 180 days if they have no children, or 365 days if there are children, before finalizing the divorce. Living apart entails maintaining separate residences and refraining from sharing a bedroom.
Divorce During Pregnancy
When a couple chooses to pursue a divorce during pregnancy, the legal process becomes more complex. This complexity arises from various legal considerations, such as child custody, parenting time, and child support. It is especially important to assess whether the pregnancy is currently at risk or if the impending divorce poses additional risks.
Child Custody and Support
In Louisiana, once a child is born, both parents are granted equal rights and responsibilities. If parents decide to file for divorce while pregnant, they may still obtain temporary child custody orders. These orders are determined based on the best interests of the child, and in most cases, both parents may be entitled to custody.
Throughout the divorce proceedings, the involved parties must make arrangements for child support, which encompasses healthcare, childcare, and education. The court examines the income of each parent, the child’s needs, and the amount of time each parent spends with the child in order to determine the appropriate child support amount.
Conclusion
In conclusion, it is indeed possible to obtain a divorce while pregnant in Louisiana. However, this process tends to be more intricate than a standard divorce. The legal requirements for divorce in Louisiana remain applicable, requiring the couple to reside separately for a specific duration. Additionally, the couple must address the division of custody, parenting time, and child support.
If you find yourself pregnant and going through a divorce, it is crucial to seek the guidance of a competent and knowledgeable divorce attorney. An experienced attorney can clarify your legal rights and responsibilities, enabling you to make informed decisions. Despite the potential challenges, a divorce during pregnancy can be successfully navigated, allowing both parents to move forward in their lives.