Many states require that divorcing couples wait several months before their divorce can be finalized. The average waiting period in many states is about six months. The delay is to give time for the couple to “cool down” and to ensure they are absolutely certain they still want to proceed with the divorce. However, the waiting period can be extended under certain conditions.
Several states give family law judges discretion to delay a divorce if a woman is pregnant. Arkansas, Arizona, Florida, Missouri, and Texas all have such laws, many of which date back to the 1970s. Activists are urging state legislatures to either revoke or amend these laws to reflect modern concerns about spousal abuse.
Pregnancy discrimination occurs when someone is treated unfairly or unequally in the workplace because of pregnancy, recent childbirth, breastfeeding, or a related condition to pregnancy or childbirth. The Pregnancy Discrimination Act (PDA) requires that employers treat pregnant employees or those with pregnancy related medical issues the same as other employees with temporary disabilities.
Pregnancy discrimination laws do not make a distinction between the sexes even though only women can get pregnant. Men may also want to be there for the birth of their children or to spend time with their newborn. The PDA protects the rights of both sexes to raise a family.
The purpose of these laws was to hold men financially accountable for the children they fathered. Paternity is presumptive for the husband – most states automatically assume the husband is the father unless a paternity test proves otherwise. Delaying divorce during pregnancy would ensure that a husband doesn’t shrink from his duties when it is convenient for him. The intent is to protect pregnant wives from husbands who want to divorce them during their pregnancy, not to cage women during their pregnancy.
However, these laws did not take into account potential abuse by husbands towards their pregnant wives, or that husbands could use pregnancy to trap their wives in an abusive marriage. Given that DNA testing is far more prevalent today, these laws may have outlived their usefulness. At the very least, domestic violence should be a potential exception in divorce proceedings when one spouse is abusive to another.
Do I Need a Lawyer to File a Divorce?
If you are going through a divorce or are considering filing for divorce, work with a skilled and knowledgeable divorce lawyer who can provide valuable guidance and representation throughout the process. A good divorce lawyer can help you protect your legal rights and interests, negotiate a fair settlement, and ensure that your case is handled efficiently and effectively.