Can You File a Divorce While Pregnant?

Yes, you can file for divorce while pregnant. You can always file for divorce, and that will provide some legal and practical cover for getting distance from your spouse.

However, in some states, the court must wait until after your child is born to finalize a divorce. Petitioning for divorce while pregnant will also impact how child custody and child support are determined. Filing for divorce while pregnant can affect the paternity rights of the unborn child’s father.

Divorce Petitions During Pregnancy

Some spouses, especially those seeking an uncontested divorce, may consider delaying the divorce until the baby is born. Deciding to file for divorce is not easy under normal circumstances, and most couples will struggle to divide their family into two separate households. If you and your partner are expecting a baby, it’s possible to wait until after the baby arrives to actually petition for divorce.

Even if a spouse is pregnant, either spouse can begin the divorce process by submitting a complaint to the court. In the complaint, a spouse will state why they believes the marriage should end (potentially before a baby is born).

Once the divorce petition has been finalized, a court official will review it and forward it to the other side. The court will notify both parties of the petition, and the other spouse will have a time to respond with or without a divorce lawyer.

If your spouse does not submit a response for the petition within the allotted time frame, the court may grant a default judgment in your favor.

If your spouse does submit a reply, you will both have an opportunity to present evidence and arguments in support of your respective positions. The judge will consider the best interests of all children involved, including those already born, when making custody decisions. The court will consider all relevant information to settle your divorce. No matter the outcome, both parties must abide by the divorce decree terms, such as:

• Infant custody arrangements
• Parental visitation rights
• Alimony payments
• Division of property and debts

Some States Don’t Finalize Divorce Proceedings When You’re Expecting

While most states allow parents to finalize their divorce while expecting a baby, some states restrict such proceedings. For example, in California, both parties must wait at least six months after the child’s birth before a divorce can be finalized.

This can of course be tricky if you are in an unhappy relationship. However, it gives both parties time to tend to their baby, consider the infant’s health needs, and make sense of the expenses involved during an innately difficult time.

Pregnancy Tests During the Divorce Process

In general, a formal pregnancy test is not part of filing for divorce. Unusual cases might call for a pregnancy test, such as if the couple is attempting to file for an annulment because one of the spouses was pregnant. However, it is unnecessary to provide proof of pregnancy to begin the process.

Establishing Paternity During Divorce Proceedings

A husband can be recognized as the father of an unborn child during a divorce. It’s necessary to prove parentage to ensure that the father’s rights and responsibilities are legally recognized, for the sake of the baby.

If the mother is wedded to the a potential biological father before pregnancy, he will generally be seen as the legal parent. In other circumstances, a dad may establish paternity through voluntary acknowledgment or a court order.

Child Support if the Baby’s Paternity Is Unclear During Divorce

When the child is born after a couple’s divorce process has been finalized, the judge can decide on issues related to potential child support payments in several ways.

Suppose the child’s biological dad acknowledges paternity during the process. In that case, the court typically orders him to provide reasonable child support payments.

A judge may issue an ex-parte temporary order for support if the father’s identity is unknown. This order would remain in place during pregnancy until the child’s paternity is clear.

Divorce When the Child’s Biological Father Is Not the Legal Husband

When a child is born out of wedlock, they can face unique challenges later on. If a newborn’s biological father is different from the mother’s legal spouse, then each party will have to decide what relationship they want to have with the child.

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Knowing your legal options is essential if you’re considering a divorce while pregnant. While divorce lawyers typically charge $3,000 to $5,000 for full representation, an unbundled attorney can also provide limited advice starting from $500 to $1,500, affordably helping with the parts of a case that you choose.