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

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.

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.

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.

A divorce can often take more than 9 months, but there is no guarantee that you can hold it off

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.

If your husband wants a divorce he can still receive one whether or not you are pregnant.

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.

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.

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.

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.

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.

not really but you will get child support once the baby is born

A divorce can proceed while you are pregnant, but the court cannot make orders regarding the child until he/she is born.

No. You can stall it but not stop it.

You may be able to divorce in a bi-furcated proceeding, but the issues of custody, parenting time and support would be reserved until after the child is born.

Pregnancy cannot stop the filing of a Complaint for Divorce. However, in PA, you can delay the granting of a divorce for at least two years by not consenting to it.

Yes, you can be divorced. You need representation to ensure that your child receives economic support from his father.

One year if separation is required before filing for divorce.

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.

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.

Pregnancy will not stop a divorce. There is no way to force a person to stay married.

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.