Can You Get A Divorce While Pregnant?

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March 16, 2023 by Marjorie R. Rogers, MA (English), Certified Consultant

Yes, it is possible to get a divorce while pregnant. The law does not require that you wait until after the baby is born to end your marriage. Every state has different laws regarding marriage and divorce, but in most states, the pregnancy of either spouse does not affect the ability to file for or obtain a divorce.

In some cases, when one spouse files for divorce while pregnant, they may ask the court to consider their unborn child as part of any custody arrangements they are seeking. Depending on your situation and state laws, this could be beneficial or detrimental to you depending on whether you intend to keep custody rights over the unborn child once it is born. The best thing you can do if considering filing for a divorce while pregnant is consult with an experienced family lawyer who can walk through all of your options with you and provide advice tailored specifically towards your unique situation.

  • Make sure that you are legally able to get a divorce while pregnant in your state: Different states have different laws regarding getting a divorce while pregnant, so it is important to check with an attorney or research the legal requirements in your state before proceeding
  • Prepare all necessary documents for filing the divorce: This includes obtaining copies of any financial records, birth certificates and related documents that may be needed as evidence during the proceedings
  • It will also be helpful to have a copy of any prenuptial agreement if one exists between you and your spouse
  • Contact an experienced family law attorney: Before officially filing for divorce, contact an experienced family law attorney who can explain what rights and obligations you may have as well as provide advice on how best to proceed with the case given your particular circumstances and goals for the outcome of the proceedings
  • File a petition for dissolution of marriage: The next step is to formally file a petition for dissolution of marriage at your local courthouse with supporting documentation such as financial statements and proof of residence in order to start the process toward issuing court orders regarding child custody, visitation schedules, division of assets/debts, etc
  • , which should take into account both parties’ wishes as well as protect any children involved from harm or undue hardship due to their parents’ separation
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  • Attend hearings & review agreements when made available by court: Once filed, attend all required hearings where decisions about child custody arrangements or other issues are decided upon by judges based on evidence presented by both parties or their respective attorneys (if applicable)
  • Review all proposed settlement agreements carefully prior signing them since they typically cannot be changed once signed off on by everyone involved
Can You Get A Divorce While Pregnant?


Is It Ok to Divorce While Pregnant?

Divorce while pregnant is a difficult and complex decision to make, but ultimately it is up to the individual in question. If both partners agree that ending the marriage will be best for all involved, then divorce may be an appropriate option. However, there are several factors to consider before making this choice such as how it could affect the unborn child’s emotional wellbeing and financial security.

It’s important to think about how your decisions may affect your child, so talking with a lawyer or therapist can help you decide what’s best for everyone in the long run. Additionally, seeking support from family or friends who have been through similar situations can provide valuable insight into navigating pregnancy during divorce proceedings.

What to Do If You’Re Pregnant And Want a Divorce?

If you are pregnant and considering divorce, the first step is to consult with a lawyer. You will need to discuss how the pregnancy may affect your legal rights as well as any special considerations that should be taken into account in negotiating a settlement agreement or filing for divorce. Depending on where you live, there may be specific laws related to pregnancy and divorce that impact your situation.

Additionally, it’s important to make sure that both parties are aware of any assets that were acquired during the marriage so they can be divided appropriately if needed. Finally, don’t hesitate to seek out counseling services or other resources for emotional support during this difficult time.

Can I Get A Divorce While I’m Pregnant?

What States Allow Divorce While Pregnant

In the United States, all fifty states and the District of Columbia have laws that allow couples to divorce while one or both spouses are pregnant. However, some states such as Arizona, California, and Colorado require that a spouse must wait until after their child is born before they can file for divorce. Additionally, in any state where a couple decides to divorce while pregnant, courts may take into account factors related to the unborn child when making decisions about matters such as spousal support or custody arrangements.

Can You Get Divorced While Pregnant in Indiana

In Indiana, you can file for a divorce while pregnant. The court will still process the paperwork and issue a final judgment of dissolution so long as all other legal requirements are met. It is important to note that when filing for divorce, both parties must agree on issues such as child custody, visitation rights, and division of assets.

If there is disagreement between the parties regarding these matters, the court may require additional proceedings before granting the divorce.

Can You Get a Divorce While Pregnant in Texas

In Texas, you can get a divorce while pregnant. The state does not have any legal requirements that must be met before filing for divorce, so couples may choose to file regardless of the pregnancy. However, it is important to note that if the father is contesting paternity or challenging his responsibility as a parent, the courts will likely wait until after childbirth to settle this issue and finalize the divorce.

Getting a Divorce While Pregnant by Someone Else

Getting a divorce while pregnant by someone else can be an incredibly difficult and stressful process. Depending on the specific laws in your state, you may need to provide evidence that the other person is not the biological father of your child in order for them to be legally removed from any parental responsibilities. If this is the case, then you will likely have to undergo genetic testing to prove paternity or lack thereof.

Additionally, if there are any financial ties such as joint bank accounts or shared property, these must all be addressed during the divorce proceedings. It’s important that you seek legal counsel when going through this situation so that all of your rights and interests are protected throughout this process.


Overall, it is important to understand the legal and financial implications of getting a divorce while pregnant. It can be difficult, especially if you are not in agreement with your spouse about the decision to separate. However, with proper preparation and understanding of the law, it is possible for couples who are expecting a child to get a divorce without jeopardizing their rights or their unborn baby’s future.

If you are considering filing for divorce while pregnant, seeking legal advice from an experienced family lawyer may help guide you through this process.

About Author (Marjorie R. Rogers)

The inspiring mum of 6 who dedicates her time to supporting others. While battling with her own demons she continues to be the voice for others unable to speak out. Mental illness almost destroyed her, yet here she is fighting back and teaching you all the things she has learned along the way. Get Started To Read …