Legal Question in Family Law in Minnesota

uncontested divorce w/ an unborn child

My wife wants to file for an uncontested divorce and I am willing to do that to avoid a messy situation, but she is also very early in her pregnancy. The paperwork only refers to IF she is pregnany, not any rights. Does my agreement with the uncontested divorce waive my rights as a father once the child is born?

I would like to grant her the divorce but still retain joint custody of the child.


Asked on 4/07/09, 12:40 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: uncontested divorce w/ an unborn child

I am afraid that the issues of divorce related to custody cannot be determined until the child is born. As a result, although you may be able to bifuracte the proceedings to allow the divorce to be finalized, the custody, parenting and child support issues must be reserved until the child is born. It make sthe divorce far more complicated and less amendable to an uncontested resolution.

For Minnesota issues visit divorceprofessionals.com or call 612.240.8005.

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Answered on 4/07/09, 12:43 pm


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