Can You Get a Divorce While Pregnant: Both Yes and No

You may be asking yourself can you get a divorce while pregnant? Yes, you can get a divorce during pregnancy time. But, in some states, you have to wait to get the final decree till the delivery of the baby. The answer to this question depends on state laws and court discretion.

There are no straight laws regarding the prevention of divorce while you are pregnant. So, in most cases, you can divorce while pregnant. However, Courts give their decision considering the further betterment of the mother and unborn child.

In this regard, some states will allow you to get a divorce during pregnancy, while other states will not. The following blog post covers the subject of getting a divorce while pregnant and will vary depending on your state.

can you get a divorce while pregnant

Can You Get a Divorce While Pregnant: Yes, In Most of the States

Yes, you can get a divorce while pregnant in most cases. However, each state has different laws regarding divorce. You will need to check with your local state laws to see if there are any specific requirements for getting a divorce while pregnant.

In Ohio, for example, the court may grant a divorce while the wife is pregnant. It may raise some questions about the child’s paternity if the court approves the divorce while pregnant.  In this case, the court may appoint an attorney for the unborn child to protect their rights.

From an ethical point of view, it might be wrong, but from a legal viewpoint, every person has the right to file for a divorce in any condition of their life.

In most states, no law prohibits a pregnant woman from divorcing her spouse. But, the court may delay the final decree until after the child’s birth. This allows for the proper determination of paternity and child support.

States Where You Can’t Get a Divorce While Pregnant Due to Below Reasons

In other states, Texas, Arizona, Arkansas, Missouri and Florida, the court may not grant a divorce while the wife is pregnant. However, there is no straight law to prohibit divorce during pregnancy.

But Judges of these states use their discretionary power to deny the divorce while pregnant. This is usually done to ensure a stable living environment for the unborn child and mother, as well as proper determination of paternity and child support. Some main reasons for this are below:

#1. To decide about child custody and other issues:

The baby’s arrival can change the dynamics of a relationship. Once the baby arrives, some couples realize that they want to work things out and stay together. Other teams find they are not ready to be parents and decide to go their separate ways.

The court needs to know all information about the child to decide on custody and visitation. This is important because special situations, like premature birth or a health problem, may require more money to help.

That’s why courts of these states wait until the baby is born to ensure they have all the necessary information before deciding on custody and other issues.

#2. To determine paternity:

If a woman becomes pregnant during the divorce process, it can complicate things in terms of determining paternity. The court needs to know who the father is for child support and custody purposes. This may require DNA testing or a paternity test, which cannot be performed until the baby is born.

So, in these states, the court may wait until after the birth to determine paternity and move forward with any necessary child support decisions.

This is because the court wants to ensure that any decisions regarding custody and child support are in the best interest of the unborn child. In this situation, it may be advised to wait until after the child’s birth before filing for a divorce.

Can you get divorced while being pregnant? If you want to learn more, watch this video:

FAQs on Can You Get a Divorce While Pregnant

What is the divorce process like if you’re pregnant?

If you’re pregnant and considering divorce, you may wonder what the process is like. The first step is to consult with an attorney to discuss your legal options and understand the process. Once you’ve filed for divorce, your spouse will be served with divorce papers.

Once your spouse has been served, they will have a certain amount of time to respond. If they do not respond, the divorce will proceed by default. 

If they agree to the divorce, they can sign the papers, and the divorce will be final. However, if they disagree with the divorce, they can choose to contest it. This means that the divorce will go to trial, and a judge will ultimately decide whether or not to grant the divorce.

As you are pregnant, courts may delay the final decree until after the child’s birth in some states. This allows for the proper determination of paternity and child support. Though there is no law prohibiting a pregnant woman from getting a divorce, it is important to consider the well-being of your unborn child before making any decisions.

But, in some states will be approved before the baby’s birth, and it is up to you and your spouse to agree on issues such as child custody and support.

Consult with an attorney during this process to ensure that any decisions are in the best interest of you and your unborn child.

Can you file for divorce while pregnant?

Yes, you can file for divorce while pregnant. But when it’s about to finalize the divorce, it depends on the court’s discretion. The court can finalise the divorce after the baby is born or can wait until after the baby is born to make decisions about child custody and child support.

Can a pregnant woman be divorced?

A pregnant woman can be divorced. Additionally, it’s one of the most common reasons marriages end.

There are several reasons why pregnancy can lead to divorce, including financial stress, infidelity, and differences in parenting styles. In some cases, couples may find that they’re no longer compatible once they have a child on the way.

Unfortunately, divorce is often complicated and emotional for both parents and children. However, in some cases, it may be the best option for everyone involved.

Can you get a divorce in Tennessee while pregnant?

It is a common misconception that you cannot get a divorce in Tennessee if you are pregnant. The truth is, no law in Tennessee specifically prohibits divorcing while pregnant. However, it is important to note that pregnancy can complicate a divorce.

If you are pregnant, you must ensure that your divorce settlement considers your unborn child’s needs. This may include issues such as child support and custody arrangements. Additionally, getting divorced could affect your eligibility for benefits if you currently receive public assistance. 

Can you get a divorce in Indiana while pregnant?

Yes, you can get a divorce in Indiana while pregnant, but there are some things to keep in mind.

First, if you have minor children, the court will look at the child’s best interests when making a custody determination. The court may award primary physical custody to the other parent if your child is born after you file for divorce.

Second, if you’re seeking spousal support, the court may consider your pregnancy when making a decision. Pregnancy can impact a person’s ability to work and earn an income. Finally, if you’re dividing assets in your divorce, the court may consider the value of any unborn child when determining how to divide the property.

Ultimately, getting a divorce while pregnant isn’t impossible, but it’s important to be aware of how your pregnancy may impact the outcome of your case.

Is it safe to get a divorce during pregnancy?

While expectant couples may go into their marriage with the best intentions, divorces are sometimes inevitable. And while getting a divorce is typically a complicated process, things can become even more complex when one spouse is pregnant. So, is it safe to get a divorce during pregnancy?

There is no easy answer, as every situation is unique. However, some general guidelines can be followed.

Firstly, try to agree with your future ex that is cordial. If possible, agree on a parenting plan together that allows both of you time with your child.

It is also crucial to ensure that any financial arrangements are just and can change over time, as post-divorce income may not be stable. Lastly, try to feel less stressed during this hard time by asking friends and family for help.

While getting a divorce during pregnancy can be challenging, it is possible to do so safely if you take the time to prepare emotionally and logistically. By following these tips, you can help ensure that both you and your child are taken care of during and after the divorce.


It is possible to get a divorce while pregnant in some states, but you should be aware of your state’s specific laws before beginning the process.

In some cases, there may be waiting periods or other requirements that must be met before the divorce can be finalised. You should also consult with an experienced attorney to understand how the law will affect your case.

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