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Can You File For Divorce While Pregnant

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  • 06-04-2011, 03:54 PM
    jovanbeltran
    Can You File For Divorce While Pregnant
    My question involves a marriage in the state of:Arizona
    She is currently pregnant and left because of problems and arguments. She doesnt want to resolve and she want to divorce. She is 6 months pregnant. Can she or me file for divorce while she is pregnant or should we wait until baby is born? She is not a US citizen she is here on a visitors visa and will expire in October. She has no job can i keep custody of child since she will not be able to stay in the US after visa expires? Not sure if i am father of the baby

    We rent an apartment. We do not own any property and we bought together (paid half and half) a living room set and a dining table. I have a car that i owned before we got married and her car is under my name that we bought during our marriage. How will those things get split up or who keeps what how does that work?
    Any comments that can help me please
  • 06-04-2011, 03:58 PM
    cyjeff
    Re: She Wants Divorce and She is Pregnant
    Most courts will not allow a divorce to proceed until after the child is born thereby creating legal parents to that child.

    As to the rest of the property division, that should be best left up to your attorneys.
  • 06-04-2011, 04:00 PM
    Dogmatique
    Re: She Wants Divorce and She is Pregnant
    Either of you can file for divorce, but it won't be finalized until after the child is born.

    I hate to ask such an indelicate question, but are you the father of the baby?

    Property division would be fairly simple - AZ is a community property state, which means anything acquired during the marriage will be split 50/50 and anything you owned prior to the marriage remains yours. Is your wife willing to negotiate the living room set? Do you want it?

    If you agree to let her keep the car, make sure your name is taken off the title AND the financial obligation. She may need to refinance it herself.

    Have at least an initial consultation with an attorney - it will be worth it.
  • 06-04-2011, 04:06 PM
    jovanbeltran
    Re: She Wants Divorce and She is Pregnant
    i will do paternity test when child is born . . .car is paid off.... and how how do they split a living room set 50/50 . . like i keep the couch and you keep the other or what
    thank you for post
  • 06-04-2011, 04:12 PM
    Dogmatique
    Re: She Wants Divorce and She is Pregnant
    You can negotiate like that, yes.

    Otherwise one party can pay the other party $X, and keep the whole set.

    And I do think taking a paternity test is wise - even though it's not the nicest thought in the world, it's best to make sure before you can't undo paternity.

    I didn't see the immigration part - have you filed anything on her behalf for her to become a permanent resident?
  • 06-04-2011, 04:15 PM
    jovanbeltran
    Re: She Wants Divorce and She is Pregnant
    i also payed over $1000 to fix her visa to get green card
    can i bring that up in court?
  • 06-04-2011, 04:20 PM
    Dogmatique
    Re: She Wants Divorce and She is Pregnant
    This is important - did you sign and submit the I-864 Affidavit of Support?

    Have you submitted other forms? Is she currently a conditional permanent resident?
  • 06-04-2011, 04:24 PM
    jovanbeltran
    Re: She Wants Divorce and She is Pregnant
    yes we submitted the whole i485 pak we have the marriage interview on monday but will not attend because she wants divorce
  • 06-04-2011, 04:29 PM
    Dogmatique
    Re: She Wants Divorce and She is Pregnant
    You NEED to withdraw the petition IMMEDIATELY if you can.

    Why? Because otherwise she will likely be able to stay (she may be able to stay anyway), and you can be on the hook to support her to the tune of 125% of the Federal Poverty Level - possibly permanently.

    This obligation doesn't disappear with divorce; it only ends if one of these things occurs:

    1. She leaves the country permanently (abandons her residency)
    2. She dies
    3. She naturalizes (becomes a US citizen)
    4. She earns 40 qualifying social security quarters (works for about 10 years).

    Of course there's a good chance she's not aware of any of this.

    But if I were you, I would absolutely turn up at the interview and explain - and formally withdraw the petition.
  • 06-04-2011, 04:35 PM
    jovanbeltran
    Re: She Wants Divorce and She is Pregnant
    does she have to go with me she says she doesnt want or need anything from immigration but its her case i am only the spouse. can i go withouther to withdraw the petition or can i do it over the phone thank you so much
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