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Pregnancy and divorce -

If a person or their ex-partner is pregnant, in the US you're allowed to seek or continue to seek divorce proceedings. However, it can be a complicated process.

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Pregnancy and divorce -

There are some states where there is a ban on granting a divorce if one of the parties is pregnant. The court will need to know who the baby's other parent is, and how they'll financially support and help care for the baby.

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Beginning the process -

Either partner can file a petition while a spouse is pregnant, beginning the process of divorce. However, depending on where you live, there are some differences.

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Pregnancy divorce ban -

In the four states where pregnancy divorce bans are in place, couples must wait until the baby is born for it to be finalized.

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Beginning the process -

Even though you can file for divorce as normal upon a pregnancy occurring, in those states the courts will not grant the decree before the birth.

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Reasons for the ban -

The reasons for these bans have to do with paternity, child custody, and child support issues. The courts seek clarity on these realities before they will grant a divorce.

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Arkansas pregnancy divorce ban -

According to Arkansas law, the pregnant woman's husband is assumed to be the child's father. Where this isn't the case, this assumption must be challenged before a divorce is granted.

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Arizona state law -

Arizona also requires the husband to disestablish paternity, if they're not the child's father, with a Waiver of Paternity Affidavit.

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Texas -

In Texas, if the husband is the father of the child, orders for custody and support must be included in the final decree of divorce. If he's not, paternity must be established after the baby is born.

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Texas -

While a woman is pregnant, the position in Texas is that the court does not "have jurisdiction over a child until it is born and, therefore, cannot make final decisions on issues such as child support, child custody, or even paternity."

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California -

Similarly, California waits to finalize a divorce until a baby is born to establish the child's paternity.

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California -

The state already has a mandatory six-month waiting period for all divorces, which would cover a big part of a pregnancy!

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Missouri -

As it stands, Missouri judges cannot legally finalize a divorce if a woman is pregnant.

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Missouri -

"It just doesn’t make sense in 2024," said Rep. Ashley Aune, a Democrat representing District 14 in Platte County, Missouri. Aune introduced a bill that essentially says pregnancy cannot prevent a judge from finalizing a divorce or separation.

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Missouri -

While she felt the law was made with good intentions, like making sure kids are taken care of, she feels it needs to be updated to reflect modern times.

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Nine states -

There are nine further states that, although they don't have a ban, will likely also make you wait until the end of pregnancy to return to court to decide parenting issues.

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Nine states -

This is the case in Alabama, Delaware, Hawaii, Indiana, Maine, Mississippi, Nebraska, South Dakota, and Wyoming.

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Other states -

Other states may let you finalize a divorce while pregnant. In New York, Illinois, Pennsylvania, Ohio, Washington, and Massachusetts, the judge may finalize the divorce before the baby comes.

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Other states -

Similarly, in Michigan, it's up to the judge whether to allow you to finalize the divorce before the birth and address parenting issues later.

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Divorcing during pregnancy tips -

You can still draft your parenting plan while you're pregnant. While extra proposals might need to be made after the baby is born, it's possible to plan ahead.

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Divorcing during pregnancy tips -

You can let your case lie dormant while you await the birth. Unless you have urgent issues, you probably won't hear much from the court. Filing motions will result in extra fees and bills.

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Divorcing during pregnancy tips -

It's important to remember that the divorce will eventually come through. While it's a stressful and anticipatory time, try to remain patient.

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Lying -

Lying is never a good idea, whether to spouses, exes, or judges. Maintain your integrity, and demonstrate that you're serious about getting divorced in a respectful way.

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Disclosing your pregnancy -

If you're on speaking terms with your ex, make them aware of the pregnancy as soon as you can. Particularly if they're the child's other parent.

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Disclosing your pregnancy -

Think about the implications of them discovering the pregnancy from lawyers, court clerks, or official documents, not to mention from friends, family, or social media.

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Divorce with/without children -

Many states distinguish the statuses of "without children" and "with children" as entirely different types of divorce.

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Divorce with/without children -

When spouses don't have children together, their divorce can often be handled quickly, because there aren't any issues related to parenting.

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First child together pregnancy -

If one of you is pregnant with your first child together, your divorce will likely be considered "with children" because you'll have to make a plan for how you'll parent this child.

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Let the court know ASAP -

Regardless of when the conception occurred or who the biological father may be, let the court know promptly. A pregnancy introduces important new facts to your case.

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Divorcing while pregnant with someone else -

There are a number of reasons you might be pregnant by someone other than your spouse. For example, you might have had fertility assistance with donor DNA.

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Divorcing while pregnant with someone else -

If you had an affair, those emotional issues might affect your divorce. If there are divorce issues connected to the pregnancy, this will naturally slow down proceedings.

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Delays -

Your divorce may also be delayed if the baby's biological father can't be found or isn't cooperating.

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Preparation is key -

Preparation is the most important part of the divorce process—especially if you or your spouse is pregnant. Anticipate a slow process but know things will be settled in time.

Sources: (Custody X Change) (Newsweek) (The Hill)

See also: Unusual reasons people have filed for divorce

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