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I’m Pregnant and Going Through a Divorce

Published: May 15, 2013

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I’m Pregnant and Going Through a Divorce

It happens more frequently than you might think: couples expecting a child make the decision to end their marriages. If you’re pregnant and going through a divorce, you might find it helpful to know that you’re not the only one. Your Mississauga divorce lawyer has probably worked with other women in situations like yours, so remember that it’s okay to ask questions and it’s okay to feel overwhelmed.

What to Ask Your Mississauga Divorce Lawyer

Since your divorce will probably involve a child custody agreement, you’ll need to discuss your options with your Mississauga divorce lawyer. Psychologists suggest that both parents’ involvement in a child’s life can be beneficial, but very young infants may have a hard time adjusting to back-and-forth schedules, particularly if you are breastfeeding, co-sleeping at one house but not the other, or have different parenting styles (such as the intention to use attachment parenting or allow your baby to “cry it out”).

Your Mississauga divorce lawyer can help you calculate the child support you may be entitled to receive and determine whether you’re eligible to receive spousal support.

Dealing with the Emotions that Stem from Divorce

During your pregnancy, you might experience the same moodiness that all expectant moms do—but yours is compounded by the stress of the divorce. It’s okay to feel like this isn’t fair and that it shouldn’t be happening to you; in fact, that’s a normal reaction for any woman (especially a pregnant mom).

Remember that too much stress isn’t good for you or your baby and that you need as much rest as you can get. If you’re up to it, you can work on relaxation techniques, use meditation or ask your Mississauga divorce lawyer for a referral to a local therapist who’s trained to work with women in situations like yours.

What Warrants an Immediate Call to Your Lawyer?

If your ex threatens you or becomes violent, call the police and get to a safe location immediately; once you’re safe, call your Mississauga divorce lawyer right away. Your lawyer might be able to help you stay safe through the legal system, and he or she might be able to point you toward helpful resources for victims of domestic violence.

You should also call or email your Mississauga divorce lawyer as soon as possible if you discover your spouse is seeing someone else, he fails to pick up your kids when he’s committed to doing so or harasses you in any way.

Being pregnant is no picnic during divorce, but remember: you’re strong enough to be a mom, so you can certainly handle anything your ex throws your way. Your Mississauga divorce lawyer is there to help you through the legal side of your case, and in the meantime, he or she can help you get the emotional support you need.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - divorce & separation

If you are litigating your matter, social media posts made by your spouse or partner may be relevant, especially if they contradict what your spouse is claiming in his or her pleadings.

For example, if a spouse is claiming financial hardship, a Facebook post that shows that spouse going on an expensive trip or posing with an expensive car can undermine such claim  and, potentially affect that party’s credibility in court if presented as evidence on a motion or at trial.

Further to photograph-based posts, statements that are made on social media by one party can be relevant if said posts (i) are related to the litigation, to issues of parenting  and/or (b) they contradict statements that were made by the party in his or her pleadings. For example, if a party who is attempting to establish that he or she is an appropriate custodial parent, then recent social media posts about extensive partying and drug use made by that party may be relevant in court, as they may speak to that party’s fitness when it comes to appropriate supervision of a child in his or her care.

The Ontario Attorney General’s website estimates that divorce proceedings can take approximately four to six months to complete, provided that all documents have been appropriately accomplished and submitted on time.

No. The law does not favour mothers over fathers in divorce proceedings. The judge will base his decision on the evidence laid out by both parties.

The main distinction between divorce and separation is that divorce ends your marriage formally. You and your partner are no longer married.
If you’re separated, you’re still legally married to each other even if you receive a formal separation, and you must continue to record that you’re married on documents.

No. You are not required to get a lawyer for a divorce. However, it is best if you retain one to ensure that you fully understand all your rights and obligations.

A joint divorce application occurs when you and your spouse both agree to a divorce and on all other family law matters such as parenting, spousal support, or division of property.

Yes, it is different. Family law problems are addressed mainly by provincial laws in Ontario. Divorce law, on the other hand, is controlled by federal legislation in the form of the Divorce Act, which applies uniformly across the country.

Divorce can be a difficult decision to make, especially if you’re unsure if your partner will sign the petition. However, a divorce does not require your partner’s consent. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.

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