Can You Get A Divorce While Pregnant?

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June 6, 2023 by Marjorie R. Rogers, MA (English), Certified Consultant

Yes, it is possible to get a divorce while pregnant. However, the process may be more complicated due to various legal, financial, and emotional factors to consider.

It is essential to consult with a family law attorney to understand your rights and options as a pregnant spouse seeking divorce. While pregnancy can be considered a challenging period, it can become even more stressful if you are considering divorce.

You may be worried about your health, finances, and custody arrangements for your child. While the laws vary depending on the state, divorcing while pregnant can affect child support, decision-making rights, and parenting time. Therefore, it is crucial to work with a lawyer who understands the legal complexities, helps you set realistic expectations, and helps you make informed decisions that are in the best interest of both you and your child.

Can You Get A Divorce While Pregnant?


Factors To Consider Before Filing For Divorce While Pregnant

Marriage is not always a bed of roses. Sometimes couples find themselves in situations where they cannot reconcile their differences anymore, leading to the only option left – divorce. But what happens if you are pregnant? Can you file for divorce while pregnant?

In this blog post, we will discuss the factors to consider before filing for divorce while pregnant, including the current state laws on divorce during pregnancy, the impact of pregnancy on child custody agreements, and the financial ramifications of divorce during pregnancy.

Current State Laws On Divorce During Pregnancy

Before filing for divorce while pregnant, it is crucial to understand the laws in your state. Each state has specific laws related to divorce and pregnancy that can impact your case. Some states may require the consent of both spouses before filing for divorce during pregnancy, while others may allow you to proceed with the divorce without the other spouse’s consent.

In most states, the court will not grant a divorce until the child is born. However, some states may allow the divorce to proceed, but child custody or visitation arrangements may be postponed until after the child’s birth. It is highly recommended that you consult with an experienced family law attorney who can guide you through your state’s specific laws and requirements.

Impact Of Pregnancy On Child Custody Agreements

If you are pregnant and filing for divorce, it can impact your child custody agreements. The following are key points to consider:

  • The court will prioritize the best interest of the child above all else.
  • The court will consider each parent’s ability to care for the child, including their physical and emotional health, financial stability, and overall fitness as a parent.
  • The court may require a custody evaluation to determine which parent will have custody of the child.
  • Fathers have the same rights as mothers and can seek child custody.

Financial Ramifications Of Divorce During Pregnancy

Divorce can be a financial burden, but it can be even more daunting if you are pregnant. The following are key points to consider:

  • Child support: If you have a child during the divorce process, your spouse may be required to pay child support until the child reaches adulthood.
  • Alimony or spousal support: You may be awarded alimony or spousal support, depending on your financial situation, the length of the marriage, and the other spouse’s ability to pay.
  • Health insurance: If you are covered under your spouse’s health insurance plan, you may need to consider alternative health insurance options.

Divorcing while pregnant can be a difficult and emotional decision. It is essential to understand the laws in your state, the impact on child custody agreements, and the financial ramifications before filing for divorce. Consult with an experienced family law attorney who can provide legal guidance and support throughout the process.

Challenges Of Divorcing While Pregnant

Divorce is a challenging process, but it can become more complicated when one of the spouses is pregnant. The emotional and physical aspects of pregnancy can make the situation all the more difficult. Here are some key points to consider when thinking of the challenges of divorcing while pregnant.

Physical And Emotional Health Of The Pregnant Spouse

  • Pregnancy involves significant hormonal changes, which can impact a spouse’s emotional state.
  • Divorce proceedings can be stressful, and this additional stress can impact a pregnant spouse’s overall health.
  • Pregnant spouses may experience complications, such as hypertension or preterm labor, as a result of the stress of divorce proceedings.

Difficulties In Working Out The Logistics Of Divorce

  • Divorce involves legal and financial agreements that require decision-making and negotiation.
  • Pregnancy can impact a spouse’s ability to attend court hearings or mediation sessions, leading to delays or complications in finalizing the divorce.
  • Pregnancy also affects the division of assets and child custody decisions, which can further complicate the logistics of divorce.

Impact On The Relationship Between The Parents And Their Future Co-Parenting Abilities

  • Divorce can strain the relationship between the parents, which can make it difficult for them to co-parent effectively.
  • This can negatively impact the child’s future development and well-being.
  • The stress of divorce during pregnancy can also make it challenging for parents to communicate and work together towards a positive co-parenting relationship.

Divorcing while pregnant is a complex process that requires careful consideration of all the challenges that come with it. It is important to seek legal and emotional support to guide you through this difficult time and ensure the best possible outcome for all parties involved.

The Divorce Process During Pregnancy

Can You Get A Divorce While Pregnant?

Going through a divorce is already a tough situation, but when it happens while pregnant, it can seem overwhelming. Navigating the legal system while dealing with pregnancy can be challenging, but it is possible. Here is what you need to know about the divorce process during pregnancy, including child custody agreements and visitation rights, child support for the unborn child, and seeking legal counsel.

Child Custody Agreements And Visitation Rights

Child custody agreements and visitation rights can be challenging to navigate, especially when pregnant. However, here are some key things to keep in mind:

  • When it comes to child custody and visitation, the courts will prioritize the best interests of the child and try to create a plan that is in their best interest.
  • Custody agreements depend on whether the parents are open to sharing custody or if sole custody will be granted to one parent.
  • Visitation rights are typically granted to the non-custodial parent, but it is crucial to create a plan that is practical and healthy for both parents and the child.

Child Support For The Unborn Child

Child support for the unborn child will depend on local laws and regulations. Here are some things to keep in mind:

  • Child support is typically determined by the number of children and the income of the parents.
  • Some states will consider the unborn child as a dependent and allow for child support to be paid before birth.
  • Child support can be modified throughout the child’s life as situations change, such as changes in income and the child’s needs.

Seeking Legal Counsel And Navigating The Divorce Process

Navigating the legal system and the divorce process while pregnant can be complicated. Here are a few key things to keep in mind:

  • It’s crucial to seek legal counsel from an experienced family law attorney who can guide you through the process and ensure your rights and the child’s rights are protected.
  • Be honest and upfront with your attorney about your pregnancy and any concerns or unique circumstances that will affect your divorce proceedings.
  • Follow the court’s orders and remain respectful during the court proceedings to help ensure the best possible outcome for both you and your child.

Going through a divorce while pregnant can seem daunting, but it is possible to navigate the legal system and protect your rights and your child’s rights. Remember, it’s essential to seek legal counsel, remain honest and upfront about your circumstances, and prioritize the best interests of the child to ensure a successful outcome.

Frequently Asked Questions On Can You Get A Divorce While Pregnant?

Can You Divorce While Pregnant?

Yes, it is possible, but the process can be more complicated.

How Does Being Pregnant Affect Divorce Proceedings?

Pregnancy can impact child custody and support, alimony, and property division.

What Is The Best Time To File For Divorce During Pregnancy?

It is best to wait until after the baby is born to file for divorce.

Can You Serve Divorce Papers To A Pregnant Spouse?

Yes, but it is recommended to speak with an attorney about proper protocol.

Can A Pregnant Woman Receive A Divorce Settlement?

Yes, a pregnant woman is entitled to a fair divorce settlement.


Overall, getting a divorce while pregnant is possible, but it might require more attention to detail and consideration of your state’s laws. You must take extra care when discussing child custody arrangements and consider the needs of both parents and the child.

Furthermore, the emotional and physical effects of pregnancy can make the divorce process more challenging, and it may be wise to seek support from friends, family, or professionals to help manage stress and navigate any legal proceedings. Ultimately, the decision to pursue a divorce while pregnant is a personal one that should be made based on your unique circumstances and needs.

By taking the time to carefully evaluate your options and work with trusted professionals, you can ensure a smoother process and start your new chapter on solid ground.

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 …