Can I file a divorce even if my wife is pregnant? 35 Answers as of December 01, 2011

You can file for divorce at any time. The fact that your wife is pregnant should have no bearing on your divorce proceedings.

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.

You can file for divorce at any time. Add to your divorce petition the child and file a motion for child custody and visitation.

Yes you can file. Her pregnancy is an issue only if you dispute you are the father.

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.

Yes, but maybe you should wait until she has the child (if it's yours?). If not, then file away.

Yes, but you probably won't be able to obtain a final parenting plan order from the court until the child is born.

You can file at anytime. A child born during the time of the marriage is presumed to be the product of the marriage. Since you have been separated for more than a year, is this child yours? That will need to be addressed. If the child is yours, then the issue of child support will need to be dealt with.

The pregnancy does not affect the divorce filing.

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.

No you do not need to wait for her to give birth. It would probably be better for you to file sooner than later.

You can file for divorce now.

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.

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.

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.

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.

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.

You may file at any time but if the child is yours, he or she will be treated as a child of the marriage and you will pay child support and have the same rights as if the child had been born before you filed. If there is a question of whether you are the father, you may also ask for a DNA test as part of the divorce proceedings.

You do not have to wait to file for divorce.

No, you do not have to wait until the child is born.

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.