Call Us (337) 433-1414
Call Us (337) 433-1414
Yes, you can file for divorce in Louisiana while you’re pregnant (or if your spouse is pregnant), but the court will have to address paternity, financial support, and other matters concerning the child.
A Lake Charles divorce attorney can help initiate divorce proceedings early and prepare you for what comes next.
Louisiana law allows divorce proceedings to move forward during pregnancy. While issues like paternity and custody have to be addressed, those matters don’t prevent the court from granting a divorce. Child-related determinations may be resolved separately or adjusted after the child is born, depending on the circumstances.
In Louisiana, if a woman is married, her husband is the presumed father of any child she is carrying. If the husband knows he isn’t the father, he must have a paternity test to prove it by filing a Petition to Disavow. This paternity dispute can be filed as part of the divorce process. The husband can take a genetic test or present an infertility certificate to prove that he is not the father.
Judges determine child support based on the child’s best interests. If the mother intends to exclusively breastfeed, the court may grant her more physical custody, with no overnight visitation for the father, until exclusive breastfeeding ends.
The child’s medical needs will also be addressed in the divorce decree. Children born with chronic or disabling medical conditions generally require additional financial support from the non-custodial parent. Depending on the child’s specific needs, their condition may also influence custody determinations.
Pregnancy can complicate the divorce process; however, it does not make it impossible. Our experienced divorce attorneys guide you through every step. We clearly explain your legal rights, regardless of whether you are the father or the mother, and assist in developing an appropriate custody arrangement for your child. Additionally, we can petition the courts for special considerations when the mother intends to exclusively breastfeed.
At The Johnson Firm, we strive to make the divorce process as stress-free as possible. Our legal team represents you in court and in communications with your spouse, if you’d prefer not to speak to them. We advocate for your interests and help you protect your family.
Contact us online to learn more about your options to file for divorce while pregnant in Louisiana, or call us at (337) 433-1414 today.