Can I file a divorce even if my wife is pregnant? 36 Answers as of June 02, 2013

I would like to file a divorce but my wife is pregnant. Do I have to wait until the child is born to file for a divorce? We have been separated for more than a year. Will this affect the situation?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You can file, but you cannot complete the divorce until after the child is born. A paternity issue has to be made, this cannot be done until the child is born.
Answer Applies to: Texas
Replied: 11/29/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you have been separated for a year, are you the biological father of the child? If not, you need to file for divorce immediately; otherwise, you may end up being financially responsible for a child that is not yours. Even if you are the biological father, there is no reason why you cannot file for divorce now. I would definitely request a DNA test though to be certain you are the father.
Answer Applies to: Florida
Replied: 11/29/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
You may commence a divorce by serving and filing a Summons and Petition for Divorce setting out the facts and the relief you are requesting in the divorce proceeding. Although you may file when your spouse is pregnant, custody and child support issues cannot be determined until the child is born. that often means a delay to finalizing the divorce.
Answer Applies to: Minnesota
Replied: 11/29/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Separated for a year, but she is pregnant. so it is not your child? or is it? In any case, yes, you can get a divorce even if she is pregnant. There is a lot to deal with, and you should get some legal advice.
Answer Applies to: New Jersey
Replied: 11/29/2011
The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
Yes. But you can't get out of child support.
Answer Applies to: Alabama
Replied: 11/29/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    You can file now, but the process is not able to be completed until the child is born to allow you to declare if you are or are not the father. If not, blood tests and such will need to be ordered - generally a separate paternity case, or at least a guardian ad litem appointed for the child to tell the court if it is in the child's best interest to be named (or not) as part of the marriage. It is quite a process, but if it is your child, then you don't need the blood test or the GAL.
    Answer Applies to: Wisconsin
    Replied: 11/29/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    You can file for divorce, but the case cannot be completed until the child is born and paternity is determined.
    Answer Applies to: Ohio
    Replied: 11/29/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You may file a divorce now, but with a child an obvious product of the marriage, you really do need an attorney.
    Answer Applies to: Ohio
    Replied: 11/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Sure you can file (and you MUST have a lawyer, as you have a complex situation). It is unlikely a judge will let the case be completed until the child is born.
    Answer Applies to: Georgia
    Replied: 11/29/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
    You can file for divorce at any time. The fact that your wife is pregnant should have no bearing on your divorce proceedings.
    Answer Applies to: New York
    Replied: 11/28/2011
    Odin, Feldman & Pittleman, P.C.
    Odin, Feldman & Pittleman, P.C. | Richard A. Gray
    You do not have to wait to file for divorce. Once the child is born the court can then enter appropriate orders of custody, visitation and child support.
    Answer Applies to: Virginia
    Replied: 11/28/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes you can file. Her pregnancy is an issue only if you dispute you are the father.
    Answer Applies to: Michigan
    Replied: 11/28/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You can file for divorce at any time. Add to your divorce petition the child and file a motion for child custody and visitation.
    Answer Applies to: California
    Replied: 11/28/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    You can file for a divorce even if your spouse is pregnant. However, In Washington state, the court will not grant a final Decree of Dissolution until the child is born and the paternity of the child is established as part of the marriage dissolution process.
    Answer Applies to: Washington
    Replied: 11/28/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Yes, but maybe you should wait until she has the child (if it's yours?). If not, then file away.
    Answer Applies to: Massachusetts
    Replied: 11/28/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes, but you probably won't be able to obtain a final parenting plan order from the court until the child is born.
    Answer Applies to: Colorado
    Replied: 11/28/2011
    The English Law Firm
    The English Law Firm | Robert English
    The pregnancy does not affect the divorce filing.
    Answer Applies to: California
    Replied: 11/28/2011
    Law Office of Lenore Tsakanikas, PLLC
    Law Office of Lenore Tsakanikas, PLLC | Lenore Tsakanikas
    You can file for divorce even if your wife is pregnant. Under Arizona law, even though you are separated, there is a presumption that you are the father of the unborn child. Paternity, custody, and parenting time of this child would be addressed during the dissolution process.
    Answer Applies to: Arizona
    Replied: 11/28/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    There's no legal requirement to wait for your child to be born before filing a divorce petition. However, practically speaking, it may be wise to wait until after your child's birth before filing for divorce. For instance, it's one less thing to deal with or cause stress to both spouses. Also, you said that you've been separated for more than a year, so waiting another few months to file for divorce may not make a difference when all is said and done with the divorce. There's also the consideration that you want a healthy child birth, thus best not to increase stress on the mother while she is pregnant.
    Answer Applies to: California
    Replied: 11/28/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    No you do not need to wait for her to give birth. It would probably be better for you to file sooner than later.
    Answer Applies to: California
    Replied: 11/28/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You can file for divorce now.
    Answer Applies to: New Jersey
    Replied: 11/28/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    You will most likely not be granted a divorce until after the baby is born. The court does not recognize the child as a person until after birth and cannot award custody or child support until then.
    Answer Applies to: Alabama
    Replied: 11/28/2011
    Goddard Wetherall Wonder, PSC
    Goddard Wetherall Wonder, PSC | Brook Goddard
    You can file for divorce at any time that you wish, as there is no defense (e.g. pending pregnancy) to a divorce. You don't have to wait until the child is born. The paternity of the child will simply need to be determined during the proceedings.
    Answer Applies to: Washington
    Replied: 11/28/2011
    Marca Tanner Attorney at Law | Marca Tanner
    You can file for divorce if your wife is pregnant, so long as the documents recognize that she is pregnant and set forth child support for that baby following its birth. It's a bit of a pain from a practical/document drafting perspective, but there isn't a law that says you cannot file when your wife is pregnant. There IS a law that says that in cases where children are born to the mother and father after the entry of the decree of divorce that the decree can be modified to add child support [UCA 30-3-5(4)]. Given that you already know she will be having your baby, save yourself some time and just address child support, custody, visitation, etc., in the original complaint.
    Answer Applies to: Utah
    Replied: 11/28/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    No. You don't have to wait to file the divorce. In Washington, you can file even though she is pregnant. However, her pregnancy will add some additional hoops to jump through.
    Answer Applies to: Washington
    Replied: 11/28/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Yes you can file.
    Answer Applies to: Washington
    Replied: 6/2/2013
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    You do not have to wait to file for divorce.
    Answer Applies to: California
    Replied: 11/28/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    You can file for divorce even if your wife is pregnant. The court will not be able to make orders re: custody/parenting time or child support until the child is born.
    Answer Applies to: Arizona
    Replied: 11/28/2011
    PALMER | GEORGE, PLLC
    PALMER | GEORGE, PLLC | Brandie J. Rouse
    No, you do not have to wait until the child is born.
    Answer Applies to: Idaho
    Replied: 11/28/2011
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