If you are pregnant and find yourself in a marriage that you are no longer able to remain in, you might be wondering if your pregnancy impacts the divorce. Know that it does, but the divorce will remain a manageable process with the help of the Hopkins Law Firm legal team.

What impact does pregnancy have on a divorce in Virginia?

Even though you are pregnant, you do not have to remain stagnant in dealing with your separation in the interim. Michelle Hopkins and her legal team will assist you in preparing everything that you need to initiate and finalize your divorce, so that when the time arrives to file, you only need to notify the office that they have permission to proceed with filing. This allows you to focus on enjoying your baby rather than worrying about the details of preparing for your divorce.

How is custody and visitation handled?

Couples who divorce while their child is still a baby will have a different custodial schedule from families that have older children.

If the mother is breastfeeding, the baby may need to be with her most of the time, but the father also needs to begin establishing his bond with his child. To accommodate the needs of all parties, the father may have regular, short visits with the child. Or, the mother may need to have pumped breast milk prepared for the father’s visitation if he is to have longer visits. As the child gets older and is weaned, visitation is adjusted by making an amendment to the original agreement.

Michelle Hopkins and her legal team will do their best to help you create a schedule that works for your family and is flexible enough that it can be long lived should it be successful. This schedule can be agreed upon before the child’s birth, but the child must be born before it can be officially filed with the Court.

How is child support handled in these cases?

The baby must first be born for child support to be established. Child support is calculated using a Virginia specific worksheet wherein both parent’s incomes are included, and the parent responsible for health insurance and/or day care receives credit for those expenses. Child support is calculated the same way for children of all ages. The parents must agree upon who will be responsible for health insurance, day care, and how other expenses will be divided. Again, this is a process that Michelle Hopkins and her legal team are able to have ready to go for their clients.

What if the father questions the paternity of the baby?

In the event that the father questions the paternity of the baby, whether genuinely or in an effort to avoid child support payments, you may petition the Court to Order a paternity test. Michelle Hopkins and her legal team have experience in this area and are ready to assist you.

What impact will this have on my life that I might not be expecting?

Your ability to relocate will be impacted, but not totally prevented. Should either parent decide to relocate to another state, the matters of custody, visitation and support will need to be reopened and established in that state. Custody being completely 50/50 is nearly impossible in these situations unless the parents actively work together to make it happen. Parents that live in different states must be prepared to coordinate traveling with their children while they are young enough to require supervision, and further should expect longer visitation periods than in state visitation would consist of, such as consecutive weeks rather than days for holidays and summer vacation from school.

Schedule A Consultation Today

Marriages end for an assortment of reasons, and sometimes the timing is not quite what you had ever fathomed it could be. Michelle Hopkins and her legal team are ready to assist you with navigating your divorce while pregnant with respect and compassion. Contact her office at or 571-248-2210 to schedule a consultation today.

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