Divorcing Your Husband While Pregnant – A Good Move?

Can A Woman Divorce Her Husband While Pregnant?

Divorce is a stressful experience and pregnancy could make the divorce process more complicated. The only way you can be granted divorce in Canada is if you prove to the court that your marriage has broken down and cannot be repaired. Divorce lawyers can help with this. At the moment, there are two ways that you could prove that your marriage has broken down. You must complete 1 year separation from your husband or by providing valid proof that adultery did happen. If you are filing a ‘for fault divorce’, you need to provide proof of what happened to substantiate the claim.

Reasons as to Why Women Divorce Their Husbands During Pregnancy

Adultery

In Ontario, the Divorce Act governs the laws pertaining to divorce. When you are filing divorce on the grounds of adultery, you are filing for “fault divorce”. This implies that you are trying to prove that your husband is solely responsible for the marriage breakdown. In order to prove adultery, you do not have to catch the other spouse in the act or provide photos as evidence. Instead, you can provide facts or circumstances that are beyond reasonable doubt the adultery took place.  However, a mere suspicion of adultery is not sufficient evidence.

Cruelty

A pregnant woman will divorce her husband on the grounds of cruelty if he has hurt her either mentally or physically. She must show the court that it is unsafe for her to continue living with her spouse. Keep in mind that showing your spouse has a temper or is constantly nagging you is not sufficient to prove cruelty as ground for divorce. Police reports, medical reports and testimony from eye witnesses may help you to prove cruelty. Examples of acts that are considered cruel include;

• Physical attacks
• Publicly displaying a relationship with another person
• Yelling or screaming in rage

Insanity

You can divorce your husband on the grounds of insanity or mental illness. Typically, you have to prove that the mental illness has continued for 2 to 5 years though this varies by state. You also need a doctor’s report which indicates the disease is incurable.

Abandonment

If your husband leaves home with no intention of returning, it will be considered as abandonment. The time frame for desertion may vary by state but typically, it is 1 year or more.

Bigamy

Bigamy implies that one spouse was already married, with no divorce or annulment, when he or she entered into another marriage. If you are the victim in such a situation, the court may grant you divorce on the grounds of bigamy.

The couples should know that divorcing before birth will not reprieve either parent of child obligation or child support. Custody will be determined on children under the age of 18 who were either born or adopted by the parents before the divorce proceeding.  When filing for divorce, make sure you have clearly indicated that you are pregnant. Because of the complexity, seeking counsel of a Toronto Family Lawyer is recommended.