Legal Question in Family Law in Missouri

Buying a home

Is it Missouri law that I cannot get divorced while my wife is pregnant even if the child is not mine? I am told this is a law that was designed to protect the mother from stress during the pregnancy. If this is so, and she desires the divorce too, can she waive that right.

Would a rlease of Marital rights protect both of us (i.e. she is not liable for the house or loan, and also cannot claim intrest in it as a marital asset once divorced.)


Asked on 8/28/07, 11:18 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Buying a home

A Judge will not grant a divorce while the wife is pregnant. After the child is born, you can get your divorce, but you may also need to file a Paternity Suit to determine who the father of the child is to avoid being ordered to pay child support for a child that you did not father. These two suits can be filed and heard together. You'd be surprised how often this occurs.

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Answered on 8/28/07, 10:33 pm


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