Legal Question in Family Law in Mississippi

divorce while pregnant?

I have been separated from my husband for over a year now. I saw a lawyer during the Summer of 2006. All of our paperwork has been completed and the lawyer's office has had it for 2 months now, but they have yet to produce any documents for us to sign.

In the meantime, I have been dating someone else - ex-husband-to-be is aware. I recently found out that I am pregnant. Is there a law that says we can't get divorced if I'm pregnant? What if I make it through the divorce without anyone knowing - will I be in hot water and will the divorce be null and void? I appreciate any information.


Asked on 12/17/06, 5:38 pm

1 Answer from Attorneys

Jan Butler Jan R. Butler

Re: divorce while pregnant?

There is no prohibition for a pregnant woman divorcing. There used to be an old court rule about this but it was removed from the Court's rules.

What you need to know is that the husband's name will be on the child's birth certificate if you are divorced and not remarried at the time of the child's birth.

I suggest you call the lawyer and ask if the papers are ready. It may be she/he has not been paid, but it doesn't hurt to call.

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Answered on 12/18/06, 9:10 am


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