Can you get legally separated while pregnant?
Though California does allow women to proceed with their divorces while they're pregnant, some states don't allow divorces during pregnancy at all. And divorcing in California during a pregnancy is not complication-free.
What does legal separation protect you from?
Most importantly, a legal separation agreement will protect you from being responsible for any debt your spouse acquires during the period of separation if you live in an equitable distribution state. If you live in a community property state, you don't get this protection under a legal separation agreement.
Do I need an attorney to file for separation?
“Separation” simply means living apart. You do not need to file court papers to separate. The law does not require you to live with your spouse. A mediator or lawyer can help you and your spouse reach an agreement.
Is it better to get a legal separation before a divorce?
A legal separation is reversible. If you get divorced, there is no going back. Legal separations may also be easier for your children, because you remain married and it does not sound as devastating and final as a divorce. In some states, a separation is required before you can get a divorce under certain grounds.
What states allow divorce while pregnant?
Florida, Arkansas, Texas, Arizona, and Missouri all have laws that require you to wait until baby is born to either file for or finalize your divorce. Meeting with an attorney to develop a strategy early can help you ensure you've honored all local and federal laws governing divorce while pregnant in your area.
What happens if I get pregnant before my divorce is final?
If you are married and wind up pregnant at any time prior to the divorce being finalized, the court or judge is going to “stay” (hold open) the court proceedings and not allow the divorce to go through until after the baby is born.