The unwinding of marriage can feel emotionally draining; no married couple sets out with the intention of undoing their “I do’s.” As life changes and families grow in number, some couples find themselves drifting apart. While some relationships recover, others decide to pursue separation in hopes for a brighter future.
Divorce doesn’t have a convenient time. Waiting for children to grow, health recoveries, financial struggles, mental health concerns…there will always be a reason to bring up divorce tomorrow and not today.
When it comes to pregnancy, sometimes the reality of welcoming a child is enough to make couples realize their relationship does not work. Instead of trying to make the best of a bad marriage, many partners decide to split ahead of the baby’s arrival.
There’s just one roadblock: Arkansas will not finalize a divorce until after birth.
Why Expectant Spouses Must Wait To Divorce In Arkansas
Now, to the expectant spouses looking to split, the idea of waiting nine months until birth to legally divorce seems crazy. You have decided not to move forward with your relationship, so why can’t you make the divorce official and move on?
Because pregnancy changes things. A few decades ago, a pregnancy out of wedlock would often result in a shotgun wedding. If you don’t know, a shotgun wedding was considered a spur-of-the-moment marriage due to accidental pregnancy, coined from the idea that the bride’s parents would threaten the man with a shotgun to force the wedding.
The courtroom has seen thousands of divorces that started as a shotgun wedding. While they certainly cannot prevent pregnant couples from marrying, the courts can deter expectant couples from making hasty decisions about splitting up and wait to finalize until after birth.
Custody And Visitation
During the first few months of the baby’s life, routine starts to set in. Has the other parent helped with childcare and finances? Or has your ex-partner completely withdrawn from responsibility? No one will know the answer until the child’s arrival.
Family law courts have seen many expectant parents overpromise, only to under-deliver once the baby has been born. Waiting to see if the other parent will be a responsible, communicative adult regarding your child is top priority for family court. Since custody and visitation will be a major piece of divorce proceedings, it’s important to have a clear picture of how your future co-parent will act once their child is born.
But What If…?
Now, your specific scenario may be complex. It may leave you wondering if you can speed up the divorce process given the circumstances. Some of these scenarios include:
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Infidelity during pregnancy
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One person terminating their parental rights
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Divorce was in progress and the pregnancy was unexpected
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Both spouses are in agreement and want to finalize the legal terms of their divorce
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The child was conceived out of wedlock
Regardless of the special circumstances surrounding divorce, an Arkansas judge will wait to make a final ruling until the baby is born. Family court is very familiar with powerful emotions that come with separation and welcoming new life. Some couples will reconcile before the delivery and choose to give their marriage another chance.
Rather than wasting court resources at the risk of reconciliation ahead of birth, Arkansas will not finalize divorce proceedings regardless of the circumstances.
Start Preparing For Divorce Today And Start Fresh With Your Little One
While you cannot finalize a divorce during pregnancy, there is much to prepare. From custody schedules to child support, there are many pieces that can be resolved in mediation ahead of birth.
You don’t have to wait to file for divorce. Meet with the legal professionals at Hickey & Hull to discuss your future, with or without spousal support. Let us handle the legal stress while you nest; ensuring your physical and emotional health is ready for parenthood. Contact us today and learn more in your initial legal consultation!