Can you get a divorce if you are pregnant? 30 Answers as of August 24, 2011

I am pregnant with my husbands baby and I am worried that he wants to divorce me. Can I hold off the divorce if I am pregnant? Are there any legal actions I can take to prevent him from going through with the paperwork?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The Court will want to establish paternity of the child.
Answer Applies to: Washington
Replied: 8/24/2011
The English Law Firm
The English Law Firm | Robert English
Pregnancy is not a defense to divorce. He can go through with it if he wants.
Answer Applies to: California
Replied: 8/12/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You cannot complete a divorce in Texas when the wife is pregnant. There is nothing to stop him from filing and starting the process, but he cannot complete it during the pregnancy. If he files, do not sit on your hands and do nothing, hire a lawyer or at the very least, file an Answer with the Court denying him relief and telling the court you are currently pregnant with his child. That one fact will stay the final hearing until after the child is born.
Answer Applies to: Texas
Replied: 8/11/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Yes; being pregnant is not, by itself, a reason to prevent divorce. Depending on when your due date is, it may not be necessary to consider any delays. Unless the terms of the divorce and a parenting plan for children are fully agreed to without difficulty, the typical time period from filing the divorce paperwork to completion and a final divorce decree will be between 6 months and year. Even if is possible to complete an "uncontested" divorce before the child is born, it may still be appropriate to defer adopting a final Parenting Plan until after birth. Generally, except for possible issues concerning coverage under health insurance, the difference between a divorce being final before or after birth is probably insignificant. So, generally, the best way to stall the process is simply to refuse to enter into any written agreements on the terms or upon a Parenting Plan. Whether that will benefit you or not depends on all the facts and circumstances.
Answer Applies to: Colorado
Replied: 8/8/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
A divorce can be filed but it can't be finalized until after the birth and placement and such is worked out.
Answer Applies to: Wisconsin
Replied: 8/8/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    In Alabama there is no rule preventing divorce simply because one is pregnant. If the child were to be proved to be someone-else's child, that in of itself could be grounds for a divorce. Further avoidance of service of a divorce will not prevent the divorce from going forward. The best thing to do if served with a complaint for divorce is to consult with an attorney licensed in the state in which it is served. One should always consider that in a divorce child-support becomes a major issue and should be addressed in the divorce decree.
    Answer Applies to: Alabama
    Replied: 8/8/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    A couple can get divorced even if the wife is pregnant. The pregnancy does at some extra steps to the process, but, at least in Washington, it is not a complete barrier to getting divorced. In terms of stopping your spouse from filing, I'm not aware of any particular steps you can take to block it if he really wants to file now.
    Answer Applies to: Washington
    Replied: 8/8/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    If there is a chance the marriage can be saved, you can file for a 90 day stay on the case. But if that is not the case, the case must go ahead pregnant or not. Please contact a local domestic relations attorney near you for further information.
    Answer Applies to: Ohio
    Replied: 8/8/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    A divorce can often take more than 9 months, but there is no guarantee that you can hold it off
    Answer Applies to: Florida
    Replied: 8/8/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    No. He can file for divorce anytime he wishes as you can. If he does file you need to meet with an experienced family law attorney.
    Answer Applies to: California
    Replied: 8/8/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If your husband wants a divorce he can still receive one whether or not you are pregnant.
    Answer Applies to: Alabama
    Replied: 8/8/2011
    DONWEST Legal, LLC
    DONWEST Legal, LLC | Dondi S. West
    This is an interesting question and I am sorry that you are in this situation. Technically, it is possible to get a divorce while you are pregnant. However, in Maryland, you must prove at least one of several causes of action before a court will grant a divorce. Examples of those causes of action are: adultery; voluntary and mutual separation; involuntary separation; and desertion among others. Depending on which cause of action your husband intends to use, and based on what you have stated, it is likely that he will have to wait a statutory period for 1 or more years before you can qualify for a divorce. For example, even if your separation is voluntary and mutual, you have to be separated at least one year before a court can grant a divorce. In addition, if the separation is involuntary (against your will), there will need to be a two year waiting period. With that said, and contingent upon other factors, it is unlikely that you and your husband would even qualify for a divorce before your baby is born. As a note, if you receive divorce papers, do not ignore them. I recommend that you contact an attorney immediately. Your failure to respond can cause a default order to be issued against you. I wish you the best.
    Answer Applies to: Maryland
    Replied: 8/7/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You cannot prevent a person from filing for divorce nor can you prevent the divorce from happening. But, because of the grace period (a stay of 90 days after the action starts) and other things that need to be scheduled, you can delay the finalization of the divorce. If you need help with this, please give me a call.
    Answer Applies to: Connecticut
    Replied: 8/7/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    You may not be able to hold off the divorce on the grounds that you are pregnant, but there are ways an attorney may help to delay the procedure if it is not handled correctly. Furthermore, if you are pregnant your husband is the presumed and legal father of the child unless he proves otherwise, and will be required to pay child support if you remain the primary parent.
    Answer Applies to: Louisiana
    Replied: 8/7/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You cannot stop the right of either party to a marriage requesting a divorce. Your response to his divorce should also include a motion for determination of child custody and support after the child is born as well as spousal support and attorney fees.
    Answer Applies to: California
    Replied: 8/7/2011
    Kaczmarek Law Firm, LLC
    Kaczmarek Law Firm, LLC | Bridgette D. Kaczmarek
    Unfortunately, there is nothing you can do to stop the divorce even pregnant. So long as one party desires a divorce, the Court will grant it irrespective of whether or not you are pregnant. Your ex would be responsible for child support if the child is his but the court would still proceed with the divorce.
    Answer Applies to: Colorado
    Replied: 8/7/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    not really but you will get child support once the baby is born
    Answer Applies to: Connecticut
    Replied: 8/6/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Yes, you may obtain a divorce while the wife is pregnant, however in California the minimum amount of time between the filing of the divorce and the date it can be final is 6 months and 1 day. You may delay matters if the problem is surrounding your insurance as he will need to continue to provide you with medical insurance. You should contact an attorney to insure that your rights are adequately protected and so that you receive appropriate support during your pregnancy.
    Answer Applies to: California
    Replied: 8/6/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Unfortunately there is nothing you can do to prevent him from filing the paperwork. You need to consult in person with an experienced family law attorney regarding what you might be able to do to put yourself in the best possible position if he does file.
    Answer Applies to: Georgia
    Replied: 8/6/2011
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Pregnancy will not stop a divorce. There is no way to force a person to stay married.
    Answer Applies to: California
    Replied: 8/6/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You can't keep someone from filing. If he does file, get a lawyer. Since the child-to-be is central to what a court will do, absent a settlement, the case likely will last well past delivery day.
    Answer Applies to: Georgia
    Replied: 8/6/2011
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