If a wife is pregnant can you still file for a summary versus a regular divorce?

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If a wife is pregnant can you still file for a summary versus a regular divorce?

I’ve been married 2 months and my wife is possibly pregnant. I’d prefer summary dissolution since she has not had her doctors appointment yet. Also, I see no mention of pregnancy in the regular paperwork. What should I do?

Asked on September 20, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry that things are not working out for you and your wife, especially with the impending birth of your child.  It is my understanding that you will not qualify for summary dissolution in California.  You can qualify only if you meed the following criteria: you and your spouse have been married less than five years. The time is determined by the date on your filed Joint Petition for Summary Dissolution of Marriage; your wife is not currently pregnant and there are no children born or adopted before or during the marriage; you do not have an interest in or own any real estate property, including houses, rental properties, condominiums, land, a one-year lease, or an option to buy.  So you need to file for divorce and there will be the paperwork dealing with child support and custody.  Good luck.


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