Mississippi Criminal and Family Law BlogUnder Mississippi law, a divorce cannot be granted while the wife is pregnant. This is because the state recognizes the importance of preserving the family unit during this time, and believes that the couple should make every effort to work out their differences and preserve their marriage. If a couple decides to proceed with a divorce while the wife is pregnant, they must wait until after the baby is born before they can file for divorce. This means that the couple will be legally married throughout the pregnancy, and will need to make arrangements for the care of their child after the divorce is finalized.
It’s important to note that there are exceptions to this rule. If the pregnancy is the result of infidelity, the husband may be able to file for divorce on the grounds of adultery. However, this can be a difficult case to prove and should be discussed with an experienced divorce attorney. In addition, if the wife’s health is in danger, the court may grant an expedited divorce. This is rare, but it may be possible if the pregnancy is putting the mother’s life at risk.
It’s also worth noting that Mississippi law allows for temporary separations, which can be granted during a pregnancy. This means that the couple can live apart during the pregnancy, but they will still be legally married.
How Quickly Can I Get a Divorce After the Baby is Born?
After the baby is born, the couple can file for divorce and begin the process of legally ending their marriage. In Mississippi, there is a mandatory waiting period of 60 days before a divorce can be granted. This means that even if the divorce is uncontested and both parties agree to the terms, they must wait at least 60 days from the date of filing before the divorce can be finalized. If the divorce is contested, meaning that the couple cannot agree on important issues such as child custody, support, or division of property, the process can take much longer.
Once the divorce is finalized, the couple will need to make arrangements for the care of their child. If they cannot agree on a custody arrangement, the court will make a determination based on the best interests of the child.
Why Does Mississippi Require Couples to Wait Until After the Baby is Born?
The reason why Mississippi law prohibits a couple from getting a divorce while the wife is pregnant is to protect the family unit and the interests of the unborn child. The state recognizes that divorce can be a difficult and emotional process, and that it may be particularly stressful during pregnancy. The court believes that it is in the best interests of the child for the parents to remain married during this time, so that the child has the opportunity to be born into an intact family. Additionally, the court wants to ensure that the couple has taken all possible steps to work out their differences before ending their marriage. The waiting period also gives the couple time to plan for the care of their child after the divorce is finalized.
Overall, the waiting period serves to protect the interests of all parties involved, including the unborn child. While it may be frustrating for couples who wish to end their marriage during pregnancy, it is important to follow the state’s laws and procedures in order to ensure a fair and just outcome.
Consult With a Divorce Attorney
If you are considering divorce, it is important to consult with a good family lawyer. If you have been searching the Mississippi area for a qualified, experienced divorce attorney, look no further than Vic Carmody Jr., P.A. Our firm can handle your case with a balance of compassion and confidence to guide you through one of the most difficult times a person can go through. Contact us today for a free consultation to discuss your case and learn about your options.
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