Partner
In New York, you can file for divorce based on several grounds. The most common is “irretrievable breakdown,” where the marriage has failed for at least six months. Other grounds include cruelty, abandonment, imprisonment, and adultery. New York requires at least one spouse to have lived in the state for a continuous year before filing for divorce. Both spouses must agree on the terms of the divorce, such as property division, child custody, and support, or the court will make these decisions on their behalf.
The Impact of Pregnancy on Divorce Proceedings
Pregnancy can have significant impacts on the timeline and process of getting a divorce in New York. Courts often prefer to wait until after the birth to finalize the divorce so they can settle custody and support issues with more clarity. This waiting period allows courts to make their decisions regarding the child’s welfare, including living arrangements and support systems, based on the best interests of the child. Therefore, couples who divorce during a pregnancy might experience considerable delays.
Custody and Child Support Considerations
In cases of divorce during pregnancy, the courts will decide custody based on what is best for the child, just like they would in any divorce case. The court’s decision will consider factors like each parent’s ability to provide care and support. New York courts can also issue child support orders that consider costs from pregnancy and birth. This support might cover medical expenses related to pregnancy and childbirth to ensure that both parents contribute to the costs.
Health Insurance and Medical Care
New York law requires that the insurance for an ex-spouse continue during the divorce proceedings and after, if the court orders it. This insurance might include coverage for all pregnancy-related medical costs. Couples should discuss how to manage these expenses to ensure the pregnant spouse has necessary medical care without interruption. This discussion might involve negotiating who will pay for ongoing medical insurance and how to handle medical bills during the divorce process.
Paternity Issues
In New York, when a wife is pregnant, the law automatically presumes that her husband is the child’s father. This presumption can affect numerous legal decisions in a divorce case, especially those regarding child support and custody. However, if the paternity of the child is in question, either party can challenge this presumption. Establishing paternity might be necessary to ensure the correct people receive parental rights and responsibilities. Courts typically require DNA testing to confirm paternity if it is in dispute. Clarifying paternity can protect the legal rights of all parties and allow for more accurate decisions about custody, visitation, and support.
Financial Implications
Pregnancy can have a huge influence on financial settlements in a New York divorce case. Courts consider the pregnant spouse’s current income and potential earnings loss due to the pregnancy in awarding spousal and child support. For example, judges might award higher support payments to cover pregnancy-related and childcare needs if the pregnant spouse earns less or cannot work. Additionally, the settlement might include provisions for costs associated with childbirth and care for the newborn.
Contact a New York Divorce Lawyer
Divorce is never an easy process, and it’s especially challenging during pregnancy. You need clear answers and effective guidance during such a pivotal time. The team at Aiello & DiFalco LLP understands the delicate nature of these circumstances and offers a supportive environment for you to discuss your situation. We encourage you to contact us today for a free initial consultation. Our lawyers are here to help you address your legal needs, explain your rights, and work toward the most favorable outcome possible for you and your family.
Aiello & DiFalco LLP serves clients in Garden City, Hicksville, Long Beach, Massapequa, Nassau County, Suffolk County, Long Island, Queens, Brooklyn, and New York City.