Legal Question in Family Law in Minnesota
pregnant and getting divorced
My husband says he won't sign anything to get divorced until after I have the baby, does this benefit him when it comes to custody or anything else?
2 Answers from Attorneys
Re: pregnant and getting divorced
I just received your question, and would need many more facts to evaluate the issue. In general, however, whether he consents to a divorce before or after your child is born will be largely irrelevant to the custody issue.
More important, you must realize that whether you choose to proceed with a divorce has nothing to do with his consent. If you decide to proceed with a divorce, you are free to do so, even if he does not want to cooperate. He would only be required to "sign" something if the two of you reach a settlement -- and that you can do at any time, before or after a child is born.
You should decide for yourself what you want to do, and proceed accordingly. Call my office if you have further questions or concerns. 952.285.2944.
Re: pregnant and getting divorced
A divorce will proceed whether your spouse wishes it to move forward or not. Unfortunately, in most counties, the process moves at a very slow pace. If there is no agreement between the parties. It may move toward a trial which may not occur for a year or more.
Certainly, with regard to custody issues, parenting time and child suport, those issues cannot be resolved unless or until the child is born. As a result, even if a court were will to bifurcate your proceedings and grant a divorce, it cannot rule on the issues involving the child until the child is born. As a result, those issues would remain open.
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