Divorcing while pregnant can be scary. The court considers many factors, in addition to finances, when a pregnancy or child is involved.
Common Reasons for Divorcing While Pregnant
Although divorce may not be an easy decision, pregnancy should not prevent you from leaving an unhappy marriage. Seeking a divorce while pregnant is more common than people might think.
Common reasons for divorce while pregnant include:
- Arguments about how the child should be raised
- Domestic violence
- Infidelity
- Hoping having a child would strengthen the relationship, but to no avail
- Questions about the child’s paternity
Having a child can be stressful, getting a divorce is stressful, and combining the two can be confusing and complicated. Below is a comprehensive list of what to consider when divorcing while pregnant.
Knowing Your Legal Rights
Seeking counsel with a family law attorney is an important first step to identifying the divorce rights within your particular state. Some important questions to ask your attorney when divorcing while pregnant include:
- What states allow divorce while pregnant?
- What are the paternity rights for divorcing while pregnant?
- Can I receive child support before finalizing the divorce?
- Can my spouse request/ am I required to do a paternity test?
- Is my spouse the legal parent of the child if we used alternative methods of becoming pregnant?
- What are my spouse’s custody rights if they are not the biological parent?
- Can I get a parenting plan before the child is born?
Related: Divorce FAQs in California
Coping with Divorce While Pregnant
When considering divorce while pregnant, defining the reason can be important. If the reason is due to depression, the decision to divorce might be driven by postpartum depression. Seeking couples counseling over divorce might be a better first step. Effective strategies for handling divorce while pregnant include:
- Developing an emotional support system
- Getting financials in order
- Set expectations
- Create a co-parenting plan
- Seeking professional help (if needed)
Reducing Stress
The physical and emotional changes of pregnancy can be amplified if divorcing while pregnant. If you are planning to divorce while pregnant, ensure you have a plan in place.
Financial concerns
Consider potential job opportunities, or having a close friend or family member lend a hand. Being financially prepared can ease the stressors of divorce and potential maternity leave.
Living situation
You may want to consider seeking living arrangements near your spouse while pregnant, because previously shared tasks may fall on you.
Related: How to Prepare for Divorce As a Stay-At-Home Mom
Social considerations
Addressing divorce may never come at a perfect time. Fear of upsetting certain friends or family members is normal, but remember those who truly matter will want what is best for you.
Related: 9 Divorce Options: Which Is Right For Me?
Contact Us
If you or a loved one would like to know more about divorcing while pregnant, get your free consultation with one of our divorce attorneys today!