Sometimes the expectation of a child turns out to be not only joy but also a test for a couple. For various reasons, it is during this period that there is a desire to end the relationship. However, a divorce during pregnancy has its own nuances.
If both agree
When the desire to terminate the marriage is mutual, difficulties usually do not arise. At any time, until the child was born, the couple can go to the registrar, pay a state fee and write a declaration of divorce. In addition, you will need the passports of the parties and the marriage certificate. If a woman cannot come to the registry office but agrees to a divorce, she can confirm this in writing. The document will need to be notarized.
Although employees of the registry office on their own initiative may try to dissuade the spouses from this step, they cannot refuse to accept the application.
Traditionally, a month passes between the filing of an application and the official divorce. If during this time the spouses have not changed the decision, you need to come to the registry office, get a certificate of divorce and put a stamp in the passport. If you change your mind you will need to pick up the application.
When consent is not needed
In some situations, a pregnant woman can divorce her spouse through the registry office without his consent. This right is enshrined in the following cases:
- Force condemning for 3 or more years of imprisonment.
- Entered into force court decision on the recognition of her husband as incapable and missing.
It is clear that in this situation, pregnancy often comes from another man. For the law, it does not matter. But having officially registered a divorce, a woman gets the opportunity to marry the father of her child.
If the initiator is a wife
The law does not restrict a woman to want to part with a man. She can do this at any time, including during pregnancy. When a spouse objects to this, the matter will have to be decided in court. Not necessarily, but desirable, to justify their decision. For example, an asocial or aggressive behavior of the spouse, lack of financial assistance, etc. If there are no objective reasons for divorce, the court will not refuse to accept the application and dissolve the marriage on the initiative of the wife, but the judge, at its discretion, may set a maximum time for reconciliation 3 months.
If the initiator is a husband
If the husband is the initiator of the divorce a man decides to leave his pregnant wife, he has no right to stop his law. But here it can legally prevent a divorce. Starting from the moment when it became known about the pregnancy and until the year before the birth of the child, the spouse does not have the right to demand a divorce unilaterally.
There are no exceptions to this rule. Even if the process has already begun and during it, the woman became aware that she was expecting a baby, she can present a certificate of pregnancy at any time before the decision is made. The case will be dismissed, even if the man continues to insist on a divorce.
It is also impossible to issue a divorce on the initiative of the husband until a year passes from the birth of the child. In this case, it does not matter whether the baby lived to the first birthday. Even if he dies during childbirth, it will not give the right to part with his mother. Only after 12 months does a man get the opportunity to file for a divorce.
Sometimes men doubt that the child was conceived from him and on this basis, they demand a divorce. If the wife does not confirm these suspicions, the only way is a DNA test. Technically, it can be done even during pregnancy, but this requires the consent of the expectant mother. It is rarely given, so a man has to wait for the birth of a baby and challenge fatherhood through the courts.
Even if it is possible to prove that the child is from another man, the law does not provide for this fact as the basis for divorce without the consent of the spouse until the child is one year old. But in this case, the man gets rid of the need to pay alimony.
Rights of a pregnant woman after a divorce
The law protects a pregnant woman not only in marriage but also after its dissolution. Since during the pregnancy and in the first years after the birth of a child, it is difficult for her to provide for herself, the law gives her the right to demand alimony not only for the baby but also for herself. This rule applies from the time of the divorce and until the baby is 3 years old.
Alimony for the maintenance of a pregnant woman and mother, raising a child, is appointed in a fixed sum of money. Specific values in the law are not specified. Spouses can negotiate on their own and record in the alimony agreement. If the case is decided by the court, payments are usually assigned a multiple of the regional subsistence minimum to facilitate calculations and indexation.
The total amount depends on the financial situation of the parties. If the husband has no official income or there are other dependents, he may ask to reduce the amount of payments or to fully release them. He may also show evidence that the wife does not need additional assistance.