Can I Get Divorced If I'm Pregnant?

Divorce is never easy, but when you throw in a pregnancy, you find that the process of ending a marriage is much more stressful. You were hoping the only complicated decisions you had to worry about during this time was trying to figure out which breast pump to buy, but now you're concerned with if you can get divorced while you're pregnant.

Unfortunately, it's not a one-size-fits-all answer. Like marriage laws, divorce laws are up to each individual state, so it depends on where you live if it's possible to get divorced while you're pregnant. According to Legalzoom, some states will start the divorce proceedings while you're pregnant, but won't finalize it until after your baby is born.

The website Divorce Knowledge Base notes that the reasoning behind the laws has everything to do with the modifications that would need to be made to your divorce after the baby is born. Things like child support, custody arrangements, and paternity all have to be established and can take a lot of time and money if your divorce has already been granted. In fact, that's something to consider even if your state does allow you to get divorced while you're pregnant — you're still going to have to go through the system again to modify your divorce papers to represent your child.


But there's no need to stay in a bad marriage or environment while you're pregnant. Even if your state doesn't allow you to legally divorce your spouse while you're expecting, you can go forward with a legal separation or simply live in separate houses until after the baby is born. Legalzoom suggests going ahead and laying the groundwork for your divorce with your soon-to-be ex. Discuss possible custody arrangements and child support, especially if your ex wants to be involved in their child's life.

The best piece of advice for anyone trying to get a divorce while pregnant is to seek out a lawyer's help. This is far too complicated of a situation to navigate on your own, and a lawyer will know the ins and outs of the legal system.