In some states, it’s not allowed to get divorced while pregnant. Seriously, it’s not allowed in some states.

Can Pregnant People File for Divorce Before Giving Birth?

If you have heard that pregnant people cannot get divorced in some states, then it is partly true. Across the country, divorce courts are taking time to free pregnant people from marriages they do not want.

The good news is that this is not a rule, just a recommendation, says Dale Margolin Cecka, a law professor at Albany Law School.

“No states have laws stopping someone from getting a divorce if they are pregnant,” she says. “Either spouse can file for a divorce and start the process in all states, even if one party is pregnant.”

But it is true that some divorce courts decide to wait until after the baby is born to finalize the divorce for people who are pregnant. The time it takes for a divorce to be finalized depends on the couple, judge, state, and situation.

This delay in the divorce process happens in certain states like Arizona, Arkansas, California, Florida, Mississippi, Missouri, and Texas.

In a divorce, you or your spouse need to file a petition in the state where one of you has lived for at least six months. There is always a waiting period before the divorce is granted.

During this time, temporary orders for custody or child support may be issued. After the baby is born, the custody and child support can be finalized.

The purpose of delaying the divorce until after the baby is born is to ensure that all the legal rights and responsibilities regarding the child are properly sorted out. It also helps in establishing financial support for the child.

It is important to follow all the legal procedures in a divorce, even if there is a pregnancy involved. Lying about being pregnant while filing for divorce is not allowed and can lead to legal consequences.

In the end, the delay in finalizing a divorce for pregnant people is meant to protect the mother and the child.

So, even though it may be difficult, it’s important to wait until after the baby is born before finalizing a divorce.