Can I get a divorce from my wife if she is pregnant? 40 Answers as of August 05, 2011

My wife is torturing me, she is pregnant and I don't want to live with her. Can I file a divorce case. I'm ready to pay all the allowances. What will be the consequences? Can I get divorce from her?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You can file for divorce, but the Court will establish paternity of the child.
Answer Applies to: Washington
Replied: 8/5/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Yes, you can file for divorce from your wife any time you want to. The fact that she is pregnant does not prevent you from filing a divorce case. You should not suffer any adverse consequences for filing a divorce case during her pregnancy.
Answer Applies to: California
Replied: 7/28/2011
Michael D. Fluke, P.A.
Michael D. Fluke, P.A. | Michael D. Fluke
You can get a divorce from your wife, even if she is pregnant. The court may provide alimony for your pregnant wife, but you can get a divorce. I suggest you consult with a local Family Law attorney to discuss the case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Replied: 7/28/2011
Keri Burnstein, P.C.
Keri Burnstein, P.C. | Keri Burnstein
You can file divorce anytime you want. Custody, parenting time and child support as well as all other issues will have to be resolved. Good luck.
Answer Applies to: Michigan
Replied: 7/27/2011
Thomas Humphrey, Attorney at Law
Thomas Humphrey, Attorney at Law | Thomas Humphrey
You can get a divorce in Idaho if you have resided in the state for six weeks. If your wife is pregnant, however, the court shall issue orders regarding support, custody and visitation.
Answer Applies to: Idaho
Replied: 7/27/2011
    Osterman Law LLC
    Osterman Law LLC | Mark D. Osterman
    Yes, you can divorce your pregnant wife. Of course everyone wants to reassure you that your wife is going through a difficult time in her life. Everyone wishes to assure you that you should have patience as they think that it will get better. I am not so sure. Being the father of 4, I remember the conduct of my wife during her pregnancy and the uncertainty of bringing in new life into this world. But we worked together and not against each other. I have seen a lot of couples destroy each other during a pregnancy. Divorces usually start far before someone decides to file. You indicated that your wife is subjecting you to a lot of emotional issues. So the breakdown of this relationship happened sometime ago. It would be interesting to find out how much pregnancy affects the breakdown in marital relations before the parties ever get to the divorce. If you are convinced to the child is yours, and you will not have any difficulties with this next statement. The law presumes that a child born during a marriage is a product of the husband. If your wife is pregnant with someone else's child, then you have to upset the presumption usually with a notarized document or a DNA test to show that the child is not yours. When you divorce and should the decree be announced beforehand, you will be asked if your wife is pregnant or not at that time. She may have delivered the child, in which case you can state "not to your knowledge". Good luck
    Answer Applies to: Indiana
    Replied: 7/27/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You absolutely can divorce your wife regardless of whether she is pregnant. Upon establishment of paternity, you will be required to pay her child support, but will have rights to visitation with your child. See a domestic relations attorney soon to discuss these issues in full.
    Answer Applies to: Ohio
    Replied: 7/27/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    You can start the process, but the birth will be need to conclude it. This would also be your time to request testing to see if the child was yours - if that was at all a question in your mind. You would not be able to do that later on if you don't do it during the initial proceedings.
    Answer Applies to: Wisconsin
    Replied: 7/27/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Yes, you can divorce your wife when she is pregnant, but the child she is carrying will be adjudicated your child and you will have to pay child support.
    Answer Applies to: Alabama
    Replied: 7/27/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You may file for a divorce from your wife while she is pregnant. However if she is on your medical insurance, you will need to make provisions so that she is able to stay on your insurance until after the time that she has the baby. You may be require to pay for child support and spousal support. California is a no fault state so your reasons for leaving and your timing for leaving will not have an impact on whether or not you are granted a divorce.
    Answer Applies to: California
    Replied: 7/27/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    The pregnancy is irrelevant to grounds for divorce, and is no impediment to filing or completing such a case.
    Answer Applies to: Nevada
    Replied: 7/27/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Anyone who wants a divorce can file one. In terms of the absolute worst time to file, during pregnancy may qualify, as a pregnant defendant will look very sympathetic to the judge and jury. Additionally, some issues really can't be decided until there is a birth. See a lawyer. You would be foolish to file without one. Have him analyze and compare filing now with delaying a filing.
    Answer Applies to: Georgia
    Replied: 7/26/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You can get divorced. Her being pregnant does not prevent it.
    Answer Applies to: Connecticut
    Replied: 7/26/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes you can divorce. You will have to pay support for the child when it is born.
    Answer Applies to: Connecticut
    Replied: 7/26/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    You can file, but in Texas, you cannot complete the divorce until after the child is born.
    Answer Applies to: Texas
    Replied: 7/26/2011
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    Yes, you can petition the court for divorce anytime. I would carefully consider the timing if you are not in agreement as it may be awkward when her attorney requests a continuance due to childbirth. Support and custody will be an important part of your divorce as well. Consider a separation to give yourself a chance to reconcile. You may feel differently after the birth of your child.
    Answer Applies to: Rhode Island
    Replied: 7/26/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Yes, you can request and receive a divorce.
    Answer Applies to: California
    Replied: 7/26/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes. But, depending on the facts and circumstances, it may not even be possible to complete the divorce before the baby is born because the "normal" minimum time from filing to completion is somewhere between 4 and 6 months. (If there is a lot of dispute, requiring a contested final hearing before a judge, it can sometimes take up to a year.) Unless there is an issue of paternity requiring determination by the court that you are not the child's father (which can't be decided until after birth), it is possible to work out child support obligations and a parenting plan even before the child is born - those just won't be in effect until birth. You do need to consider the question of whether the medical expenses of birth will be covered by health insurance if the divorce occurs before birth. Many health plans end immediately upon divorce, so you will want to avoid having to pay the birth expenses out of pocket if you are not still married when the child is born.
    Answer Applies to: Colorado
    Replied: 7/26/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Of course you can file for divorce even if your wife is pregnant. If you are the father of the child, then you need to make sure your name is placed on the birth certificate. You will then retain a family law lawyer who will file papers in court to establish you legally as the father and to have the court order that you will have legal and physical custody of the child. The court will also decide on child support.
    Answer Applies to: California
    Replied: 7/26/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Yes, you can get a divorce. And it will have no impact other than once the child is born, parental responsibility, timesharing and child support would need to be established.
    Answer Applies to: Florida
    Replied: 7/26/2011
    Law Office of Jennifer L. Marshall, LLC.
    Law Office of Jennifer L. Marshall, LLC. | Jennifer L. Marshall, Esq.
    You can divorce your wife at anytime as long as you have been a resident of New Jersey for a year or more.
    Answer Applies to: New Jersey
    Replied: 7/26/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    You can file for divorce in North Carolina if you are legally married, if either of one have you lived in North Carolina for the previous six months and you have been physically separated for one year with the intention of at least one of the parties to remain physically separate. So yes, even if she is pregnant if you have the above items met.
    Answer Applies to: North Carolina
    Replied: 7/26/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    If you want to get a divorce, you don't need your wife's permission. If she is awarded custody of the child, you will owe child support.
    Answer Applies to: Oregon
    Replied: 7/26/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    You can absolutely get a divorce. You will pay child support and will need to file a financial statement and disclose to one another all of your assets and liabilities so the court can do an equitable division. But your Wife cannot force you to stay married to her even if she is pregnant.
    Answer Applies to: Massachusetts
    Replied: 7/26/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You can divorce if your spouse is pregnant. However, the custody and parenting time issues must be reserved until the child is born and revisited then by the court.
    Answer Applies to: Minnesota
    Replied: 7/26/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    Yes you can file for divorce whhile your wife is pregnant.
    Answer Applies to: Nebraska
    Replied: 7/26/2011
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    You can file a divorce at any time. However, the Court will not grant your divorce until after the child is born or the pregnancy ends. However, in a divorce case, you will have a minimum of 4 months after the initial filing date before the matter will return. If your wife is newly pregnant, even if you file now, you delay to be divorced will only be a few months beyond the statutory "cooling" off period.
    Answer Applies to: Wisconsin
    Replied: 7/26/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Yes you can divorce when wife is pregnant.
    Answer Applies to: Washington
    Replied: 7/26/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law you certainly can file a divorce action. The court may not want to finalize the divorce until after the baby has been born - talk to a lawyer in your area about that.
    Answer Applies to: Washington
    Replied: 7/26/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Yes. Even if your wife is pregnant, you can still file for divorce. The fact that she is pregnant creates some additional hoops that have to be jumped through, however.
    Answer Applies to: Washington
    Replied: 7/26/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Yes, you can file divorce from your wife even if she's pregnant. Consult with an attorney regarding your rights and responsibilities.
    Answer Applies to: Georgia
    Replied: 7/26/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Because your situation presents some complicated issues concerning the timing of your divorce, in light of the pregnancy, we recommend that you retain a divorce attorney, as soon as possible, to discuss your rights and options. Good luck.
    Answer Applies to: Georgia
    Replied: 7/26/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    There is nothing illegal with divorcing from a spouse when they are pregnant. The judge will ask if you assume paternity of the child, though, and you will likely be responsible for child support once the baby is born.
    Answer Applies to: Illinois
    Replied: 7/26/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can file for divorce. There are no special penalties for filing while she is pregnant.
    Answer Applies to: California
    Replied: 7/26/2011
    Kaczmarek Law Firm, LLC
    Kaczmarek Law Firm, LLC | Bridgette D. Kaczmarek
    Yes, you can divorce your wife while she is pregnant. There will be little consequences but it depends on the reason for leaving. It is hard to say without additional information although I will advise that the Court cares very little for infidelity or reasons for leaving. However, she will likely try to gain sympathy from the Court by saying you left her while she was pregnant. It should not have an impact on your case but judges do have hearts so it depends on what your wife says on the stand and what judge you have.
    Answer Applies to: Colorado
    Replied: 7/26/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    You can get divorced while she is pregnant, but the court might not be able to enter orders regarding custody/parenting time/child support until after the child is born.
    Answer Applies to: Arizona
    Replied: 7/26/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Yes. You can get a divorce even though she is pregnant. If you have any further questions, please let me know.
    Answer Applies to: California
    Replied: 7/26/2011
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    You can always file for divorce. If the child is yours (and perhaps even if it isn't) you will be paying child support for the child until it is 18 or graduated from high school, whichever comes later. You will also likely be minimizing how much time you can spend with the child, because you won't be married to the child's mother. That is potentially a painful fact. You should probably consult with a good divorce attorney, and get more specific advice for your situation. Thanks!
    Answer Applies to: Utah
    Replied: 7/26/2011
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