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Can You Divorce While Pregnant?


Many spouses in unhappy marriages are somewhat apprehensive about divorce. The apprehension can increase tenfold when the relationship has reached its end while the couple is expecting a child.

Going through a divorce while pregnant can be especially trying, and under certain circumstances, your state may actually prohibit divorce while pregnant.

If you considering divorce but unsure of what to do, an attorney might be able to help. Talk to a divorce lawyer about your options and help determine what may be best for you in your situation. To connect with a local divorce attorney now, just fill out the case review form below.

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Pregnancy & Divorce Laws

Divorce, like marriage, is based on state law, meaning the complexity of your situation will depend on where you live and intent to file for divorce. It is important that you look into the relevant legislation in your state.

In certain states, it is illegal to get a divorce while pregnant. If you are pregnant and would like a divorce, your first step has to be determining whether or not your state will allow divorce while pregnant.

If you are not allowed to divorce during your pregnancy, but have only recently became pregnant, one option may be to change your residency and attempt to file for divorce in a different state, where you would not be prohibited from divorcing while pregnant. Each state has residency requirements to meet before filing divorce there. You can discuss whether this is a possibility with an attorney in your jurisdiction.

In most states, the law does not prohibit divorce while the wife is pregnant. So, once you determine if your state is one which allows for divorce while during pregnancy, then you can decide if you want to move forward.

After the birth occurs, however, there is a strong likelihood - assuming the child is that of the soon-to-be ex-husband - that there will be a paternity test and child custody hearings.

Deciding to divorce takes a strong will, and divorcing while pregnant can be an even more difficult process. The fight will probably not be over once the divorce proceedings begin and the child is born. A local attorney can help you with the divorce process and help you fight for what is most important to you.

You can connect with a local attorney today to learn your rights. Simply fill out our divorce case review form to arrange your initial consultation today.

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Laws may have changed since our last update. This is for informational purposes and is not legal advice. Speak to a local divorce attorney for legal advice about your particular situation.