Wisconsin Divorce And Pregnancy | Eisenberg Law Offices
Wisconsin Divorce And PregnancyWhen the two highly emotional situations of divorce and pregnancy collide, spouses can be left reeling. Do they proceed with the divorce? Wait until the child is born? Try to work it out? There are enough issues to resolve in Wisconsin divorce situations that don’t involve children. Once children are involved, the case becomes more complex. The first thing you need to know is that it is still possible to obtain a divorce in Wisconsin while pregnant. In fact, in cases of infidelity, this is actually quite common. However, there are other legal considerations to take into account as you move forward with your plans.
Legal Considerations For Obtaining A Divorce While Pregnant
- The Divorce Order May Be Delayed. Although you can proceed with a divorce while pregnant, please be aware that it is possible that the divorce will not be finalized until after the baby has arrived. In some cases, the judge will simply hold off on granting the final divorce order until after the birth. In other cases, there just isn’t enough time before the birth to complete all of the divorce requirements. Sometimes judges wait to grant the final divorce decree in order to address child custody, placement, support, and/or establish paternity.
- The Court Must Be Made Aware Of The Pregnancy. In any situation, you must inform the court that there is a pregnancy. The court will need to appoint a guardian ad litem (GAL) to represent the unborn child’s interests. This is a licensed attorney who will assist the judge in making custody and placement decisions. The guardian ad litem is not the child’s legal guardian, nor does he or she have any guardianship rights such as a parent or legal guardian would. The GAL’s sole purpose is to be a legal advocate for the child’s best interests. A GAL will also be appointed to represent any existing children if there is a custody or placement dispute.
- Paternity Tests May Be Ordered. The law presumes that the husband is the father of the unborn child. If there is any question of the baby’s paternity, the judge will order a paternity test, which can’t be conducted until after the baby is born.