Divorce is a challenge all on its own, but when it happens during pregnancy, the situation becomes even more complex. In Tennessee, where the divorce rate is one of the highest in the U.S., navigating through a divorce while expecting a baby can add layers of legal difficulties, as well as emotional ones. While it may not be talked about very frequently, divorcing while pregnant is more common than you’d imagine.
We’ve created a guide to offer essential information about the divorce process in Tennessee, highlighting what you need to know when navigating through a divorce during a pregnancy. While it is important to seek out the assistance of a divorce lawyer to lead you through the legal process, having a grasp on the state’s requirements and procedures may help alleviate some of the stress and uncertainty during this challenging period of your life.
Filing For Divorce In Tennessee
In Tennessee, you must meet the state’s residency requirements to file for divorce. You are eligible to file if:
- Either of you or your spouse has lived in Tennessee for at least six months before filing, or
- The reason for the divorce happened while living in Tennessee.
When filing in Tennessee, You must list a reason, or grounds, for divorce. Tennessee recognizes no-fault grounds, which are filed based on irreconcilable differences and don’t require any evidence. You may just state that the marriage cannot be repaired. Grounds for a fault-based divorce can include things like:
- Being married to someone else while married to you
- Adultery
- Desertion for at least a year
- Felony conviction with imprisonment
- Attempted murder
- Refusal to move to Tennessee or live with you for two years
- Pregnancy by someone else at marriage
- Habitual drug or alcohol use after marriage
- Cruelty or abuse
- Abandonment or failure to support
To file a fault divorce, you must provide evidence to support your claims. You should file your divorce in the county where you or your spouse live or where the grounds for divorce happened.
The Tennessee State Courts website can help you find the correct county court. Fees will vary by county; if you cannot afford them, you can request a fee waiver. You’ll need to fill out and submit the necessary forms available on the Tennessee State Courts website, and there are different packets for cases with or without children.
Once you’ve filed for divorce, you must notify your spouse. If your spouse agrees to the divorce, they can waive the service of process in a marital settlement agreement. If they do not agree, you’ll need a sheriff or process server to deliver the papers. If your spouse is out of state, you can seek out the Secretary of State’s office for service. Lastly, if you don’t know your spouse’s location, you can request permission to serve them through a publication in a newspaper, though this won’t allow for alimony or child support claims.
Potential Issues When Divorcing While Pregnant In TN
Divorcing while pregnant can have a lot of potential issues. Here are some key challenges that you might face:
Waiting Periods
In Tennessee, the divorce process usually involves a waiting period, which can be extended if you are pregnant. The standard waiting period is 60 days for an uncontested divorce and 90 days for a contested one. Pregnancy might complicate these timelines, especially if you give birth before the divorce is final. This might delay the finalization of the divorce and cause even more stress to the situation.
Benefit Eligibility
Pregnancy might also affect your eligibility for certain benefits. It would be a good idea to consider how the divorce will impact your health insurance coverage and any other benefits related to your pregnancy. If you are covered under your spouse’s insurance, you must make arrangements for your own coverage. This can involve creating new health plans and understanding your rights for continued benefits during pregnancy.
Child Custody and Visitation
Child custody and visitation rights can be extra contentious when going through a divorce while pregnant. Even if the baby isn’t born, custody decisions and visitations must be made. This includes determining who will be responsible for the child’s care and how visitations will happen. Courts generally will always focus on the child’s best interest, but the process requires careful negotiation and potential mediation.
Paternity Disputes
If there are any questions about the child’s biological father, paternity disputes can happen. Establishing paternity is crucial to determining legal rights and responsibilities. This process can be complicated if there’s any uncertainty or disagreement about the father’s identity. It can significantly impact child support, custody arrangements, and the child’s legal status.
Financial Support
Financial support is a critical issue. During and after the divorce, you must address how financial responsibilities for the child will play out. This means discussing child support, medical expenses, and other financial needs. Ensuring a fair arrangement can be difficult, mainly when arguments over income and expenses exist.
Have An Experienced Divorce Tennessee Lawyer By Your Side
Navigating through all the issues of a divorce while pregnant requires careful planning and often needs the help of a legal professional so all aspects of the divorce and the pregnancy are handled appropriately. After a divorce, you want a financially stable future for you and your children, and Attorney Hunter Fowler is here to help. Serving those in Murfreesboro, attorney Hunter Fowler is experienced with many individuals in different areas of the law.
Contact us today to prepare the next steps in your divorce towards a new chapter.