Can I Get a Divorce During Pregnancy?

It’s intriguing how many people believe that a judge will not grant a divorce in Alabama if the wife is pregnant. They’re wrong. There’s nothing about pregnancy that makes an Alabama divorce unobtainable. Pregnancy does, however, make divorce both more complex and less complete. Here’s why.

It’s more complex to get a divorce while the wife is pregnant, because you must deal with the unborn child. In filing for divorce, you’ll need to provide evidence (usually by personal testimony) about whether the wife is expecting a child. If she’s not expecting, it’s quite simple. If she is pregnant, the approach that usually makes sense is to reserve all issues (paternity, custody, visitation, and support) to resolve later when the child has arrived safely and has a Social Security number.

It’s less complete to get a divorce while the wife is pregnant, because you will need to come back to court later to deal with the child. This is the case when both parties know they are the parents together of the child, and it’s also the case when the father suspects he may not be the father. In either case, the court will not and cannot address issues involving the child until after the child is born and has a Social Security number.

Because divorce is both more complex and less complete, the wisest approach in most circumstances when the wife is pregnant (unless there’s some reason why divorce MUST move forward) is to wait until the child is born and has a Social Security number. Then everything can be handled in one transaction at a lower cost.

The same factors that make waiting the wisest course in most circumstances are probably responsible for the assumption on the part of many that divorce is unobtainable while the wife is pregnant. It’s usually not a good idea, so we assume it’s impossible. That’s simplistic, but in most cases it probably leads to the right result.

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81 thoughts on “Can I Get a Divorce During Pregnancy?”

  1. A friend of mine thought she was divorced.But now she found out that because she signed an affidaved about not being pregnant that her divorce is void and nall ,due to the fact that she was pregnant .What csan she do about this?What is the law that states this? She would like to have a copy of this.If you could help she would appreciate this. Thank you.
    Shandra Waller

  2. My husband and I have been seperated for over a year, no contact with one another during that time except in the court room over the children we have together. There is a Full Order of Protection in place to help prove there has been no contact between us. I have been with the man I am with now for a year as of today. I am pregnant with his child, there is no doubt who the father of this baby is. Being the circumstances surrounding this individual situation (i.e. seperated over a year, Full Order of Protection helps prove no contact) will I still have to wait to finalize my divorce until the baby is born in the state of Missouri??

  3. a friend of mine is 32wks pregnant with her husband’s child, would like to begin divorce proceedings asap, and resides in missouri. would it be wise for her to wait until the birth of the child in this case as well? thank you

  4. My friend has been separated from her husband for 3 years and their divorce has been filed. Recently she found out that she is pregnant by the man she has been in a relationship with for the past year. In the state of Texas will she be able to obtain her divorce as schedule with no delay or problems?

  5. I am in 17 weeks pregnant now and i am with K3 visa in Texas and now is waiting for my immigration application to get approved. Is it possible to get divorced in this case? Who will be serve the interests to the child after the child is born? i know if we get divorced, i cannot stay in the US anymore. Is the father still still suppose to support the child later or not?
    By the way, is it possible that the divorce get approved even though only my husband wants to but i don’t?

    thank you!

  6. Can you get a divorce during pregnancy in the state of Florida? If not, can you file separation?

  7. My divorce was filed a month before I discovered I was pregnant with my boyfriend’s baby. My husband went and told his lawyer I was pregnant a week before we were to finalize. We have been seperated for almost 8 months now. Is there anyway I can still get a divorce before my baby is born.

  8. A friend of mine is going through a divorce in Wisconsin. She is 5 weeks pregnant. Will she be able to proceed with the divorce? Will the husband be made to pay support while she is pregnant?

  9. My husband filed for a divorce from me 2 weeks ago.I just found out that I am 5 weeks pregnant. Will the divorce be effected by this?

  10. Can my fiancee` get a divorce while she is pregnant in the state of KY? She has been separated from her husband for several months now, and has wanted a divorce, but legal aid told her to wait until this month to pursue it. We have a baby on the way, and desperately want to be married before she is born, for obvious reasons. My fiancee` is not the type to just jump from one guy to the next. The ex was abusive to both her and her two present children(not his), and charges have been filed against him. We have been told that there is no way she can get a divorce until after our baby is born, and that even if I volunteer a paternity test and prove that our baby is mine, that if her ex refuses the paternity test that he will automatically be on the birth certificate. We refuse to believe that there is nothing that we can do about this, but need professional advice. Unfortunately, we don’t have the money for a paid attorney unless some kind of assistance is provided. If you know of something we can do, please tell us, even if it means gong to another neighboring state to obtain the divorce.

  11. My husband and I are separated and I want to go ahead and file for divorce or try for a anullment since we haven’t been married that long like only 4 months. I am pregnant with another man’s child. Will I be able to go ahead and get a divorce. I am in the state of Kansas.

  12. A friend of mine got a divorce in Alabama, while pregnant. The papers she signed did not indicate that she was pregnant, although her and her attorney knew that she was. What are the consequences of her signing the divorce papers without divulging the fact that she was pregnant?

  13. My friend is trying to get a divorce in Texas, she has a child with her husband but is also pregnant by another man. What can she do? What can happen to her through the process of the it?

  14. i live in indiana and i have been told that i cant get a divorce. we have been split up for almost 2 years and there is no way he is the father.

  15. Can I leave the state while pregnant and file for divorce after the baby is born? How will this affect custody? (My husband will live in PA and I in AZ).

  16. My friend has been seperated from her husband for greater than 6 months. She has now found out that she is pregnant with her boyfriends child. Can she still get a divorce in the state of Missouri?

  17. Do you know if you can get a divorce in georgia while you are pregnant? My sister lives in georgia and is pregnant with her abusive husbands child. She says you can ‘t get one while you are. Our Family believes that this is a lie that she made up just to stay with him. Would you happen to know?

  18. my due date is nov.9 and i went to process my app for legal assistance for my divorce and they said i have to wait until my baby is born and my baby is not for my husband its for my boyfriend so i would like to know do i have to wait even though this isnt my husbands child and we have been seperated for a year noe he has a new friend and she is pregnant we dont have any contact with each other please let me know if i can still get a divorce while pregnant i live in the texas thanks

  19. I would like to start with a legal separation. I have an inkling that I may be pregnant. Either way, I want to know if I can divorce him, then leave to california with his daughter and unborn child

  20. If you’re in Alabama, the answer is no unless (a) there is a history of domestic violence, (b) Dad takes no action after you give him notice, or (c) you persuade a judge that the move offers so much advantage to your child that it overcomes the required presumption that the move is not in the best interest of the child.

  21. Just wanted everyone to know that the law is usually clearly stated online. The lawyers are great and i respect them but sometimes they wont give you an exact answer. They are trained not to. Look up the actual law. If you dont understand it, then ask a lawyer to explain it to you. I too am pregnant with three other kids all his. He is off living with her, commiting felony adultry in the state of ok. I am drawing up my own legal seperation papers online. Printing them off and having them looked over by a paralegal. I only make 5200 a year, i’m a college student. He makes 50000 a year. N i am getting nothing right now. Good luck to you all, i know how you feel.

  22. My husband has been incarcerated for six months. I filed for divorce in November and was not pregnant when I filed/signed/notorized the papers. I am now pregnant with my boyfriends child. We would like to marry before the child is born, but I have been told that Missouri judges will not grant a divorce if pregnant. It would be easy to prove the child is not my husbands. I can find no statutes that prohibit divorce while pregnant, however the petition for marriage asks whether or not wife is pregnant. Do you know if I can get the divorce?

  23. i am 13 weeks pregnant and trying to get divorced. my husband assaulted me and pushed me down the stairs and tried to punch me in the stomach to loose the baby.i filled a police report everything is documented from the assaultto the hospitalisation…under these circumstances is it not possibble to get divorced?

  24. Yes, you can get a divorce. You just can’t address the issues involving your unborn child. Those will need to wait until the child is here and healthy and has a Social Security #.

  25. It is true that in Georgia a divorce will not be granted if you are pregnant. I am currently pregnant and married to an abusive husband. I got a restraining order because he attacked me. I have to wait ’til after the baby is born to get a divorce.

  26. my wife has left the state and went to mi.she is pregnate with my child.she cant apply for 180 days until she aquires residency do i have any rights as a dad does she have to let me know when little one is born?

  27. You certainly have rights as the father. As a practical matter, she can keep the child’s birth a secret from you, but you’ll be able to find out soon enough. The no-brainer approach is to go ahead and file for divorce in TN and force her to travel to defend her interests.

  28. My husband and I have been seperated since february, no contact with one another during that time. I decided to start dating and moved in with my boyfriend who resides in Missouri, I am from Ohio, I am pregnant with his child, which was conceived in the middle of march. there is no doubt he is the father, as I have only been with him and he is even willing to sign a legal document that he is the father. In this state you can not get a divorce is pregnant, they state its not in the best interest of the child, because paternity needs to be established by DNA. Unfortunately with myself still being married my boyfriend’s insurance (the babies father) will not except the baby without a paternity test. Because in this state the name of the birth certificate automatically defaults to the husbands name until paternity proves otherwise. I am unable to put the baby on medicaid because my boyfriend, whom I live with makes $100 too much a month. So my baby will be uninsured for some time until paternity can be established and the name on the birth certificate can be changed. So it would not be in the best interest of the child to be uninsured as we cant afford the medical bills out of pocket. My Lawyer is putting me in front of a judge who will hear my case…Does it sound like something a judge would approve? And have I proven that its in the best interest of my child?

  29. I can’t speak to the law in your state. In mine, your husband is the presumptive father and will need to challenge paternity to open the question and allow DNA testing to establish that your boyfriend is the father. I presume you and your husband are moving toward divorce . . .

  30. Yeah, I left In february because he was having multiple affairs, I was in the process of hiring and attorney and starting the paperwork in Ohio for the divorce the day after I left, but while I was doing this I met my current boyfriend, and when I found out I was pregnant the lawyer told me there was nothing he could do and I had to wait until the baby is born. But I have been a resident 90 days in my new state and am filing here, its a non-contested divorce, and my husband is willing to sign a paper stating hes not the father and the father (my boyfriend) is willing to sign a paper stating he is the father. Im trying to find cases to cite on this matter that are the same situation, where pregnant women have pushed their divorce through, I have cases from Ohio that pertain to my situation but I dont know how to go about finding past cases in Missouri that pertain to this situation. I am trying to prove my case the best I can to the judge and be as prepared as possible.

  31. i am ny state resident .my wife is pregnant 2 she want divorce.i am in dying condition.please help me.

  32. My boyfriend has been legally separated from his wife for 10 months. I’m seven months pregnant, he filed for divorce 5 months ago. How long does it take to get a divorce in Tennessee? If the judge knows that I’m about to have a baby can’t he speed things up?

  33. How long does it take to get a divorce in Tennessee? I have no idea, but in most states it can take anywhere from a few weeks to several years, depending on the level of conflict between the parties and how the court handles the case.

    If the judge knows that I’m about to have a baby can’t he speed things up? Probably not. In most cases, judges (who get regular printouts of their efficiency at disposing of cases) are eager to get cases finished up; it’s the litigants and their lawyers who keep delaying the resolution.

  34. My friend’s husband filed for divorce 2 months ago. They have been seperated for 4 months. She just found out she’s pregnant with her boyfriends baby. In Missouri will this hurt her divorce process?

  35. I live in Georgia and my husband in in the Federal Pen serving a 15 year sentense. We have 2 kids together,ages 12 and 6. However, I have decided to go on! He is scheduled for relase in 2016. We have talked and it will be an uncontested divorce. But, I don’t know where to start to get the ball rolling. Contacted several attorneys and everyone’s starting at 750 or better. It has to be a cheaper way. Please advise!

  36. I have been married for almost 9 years. In 2001 my Husband and I lived in two different states and never contacted for 7 months. He moved back to Tennessee, where we both resided when we got married, He was here for almost a month before I found out and was having a hard time financially and I allowed him an his then minor child to reside with me. Years later we were not only making ourselves miserable, but the kids also and I moved out in September of 2006. In February of 2007, I became pregnant by a man whom I was dating. I filed an order of protection against him and it was granted. I since have had my baby and am living with her father. When I was in court over a custody battle over my son who is from neither relationship they questioned me about why I wasn’t divorced, I informed them that I couldn’t get a divorce while pregnant and the attorney said that was news to him. Am I correct or is he?

  37. I’m sorry; I’m totally confused. If you’re asking whether you can get a divorce in Alabama while pregnant, see the main note above. If you’re asking whether you can do that in some other state, I don’t know.

  38. I want to get divorced. Currently I have a 2 year old son and a baby girl on the way. I am afraid that my husband will take our children away from me to another country. He is having his mother come live with me for four months to help with the baby. I want to make sure that she does not take our children with her to her country. What can I do to keep our children in the United States and with me? Can I divorce my husband before the birth of our daughter? How long does a divorce take? What is the going rate for a divorce? How does one find a good lawyer?

  39. If you need to separate from your husband, you have every right to do so. And even before you do, you can file for divorce and ask for temporary relief in the form of custody of your child, child support, and (if appropriate) custody of your marital home.

    Nobody can tell you what “the going rate” is for divorce, but you should start by reading all you can about how divorce would work before spending any money on lawyers or other support services.

  40. I got a divorce in Indiana after the birth of our child. My husband at the time was leaving to play professional football and I was 19 and wanted to stay with my family at home. He did not want to be a father. The child was considered an extra-marital affair in order to get him out of our lives completely. I do not recieve child support and their has been no paternity test. Can I take him back to court now, she is 7yrs old? He has never seen her.

  41. Sure. Every court will work to make sure a child receives adequate support, even a seven year old child. Talk to child services in your state. They’re set up to do this.

  42. I want a divorce from my husband and his abusive parents. But I found that I am pregnant.I live in san jose,california.
    I was wondering about the CA laws for divorce.I wonder if I can get a divorce.

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