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Can you get a divorce if you are pregnant

On Behalf of | Nov 17, 2022 | Divorce

Divorcing Arizona couples may find themselves left with myriads of questions. Specifically, can you get divorced if the wife is pregnant?

Divorcing during pregnancy

State laws vary when it comes to divorce, but there are no laws in Arizona stating couples cannot divorce if one of them is pregnant. However, there are a few reasons a judge may delay the finalizing of a divorce if one spouse is pregnant.

Child support and parenting time

There are no specific regulations that say that rulings over child support and parenting time cannot be made prior to the child’s birth. However, most courts prefer to wait until the child is born to accommodate any unforeseen considerations including premature births, birth defects and special needs of the child.

In most cases, it is easier and more cost-effective to finalize the dissolution of the marriage at the same time as the child parenting plan. In the end, this saves time and money for everyone involved.

Presumption of paternity

Another issue that can arise when divorcing while pregnant is the presumption of paternity. Essentially, it is presumed that any child conceived during a marriage is legally the husband’s baby. If the baby is born after the divorce, he or she might have no legal father.

In cases like this, the child may not be entitled to child support or custody time with the parent. Oftentimes, this issue can be written into the divorce and parenting plan in order to avoid complications.

Proceeding with divorce while pregnant

Couples who choose to go forward with their divorce during pregnancy can rest assured that the pregnancy alone will not cause delay. It may be a good idea to consider whether delaying the finalization of the divorce could save you and your spouse time and money.

It is also important to consider whether your parenting agreement will be easily amendable, if necessary, after the baby is born. You also may not want to deal with the stress of revisiting your divorce and parenting plan after you’ve presumed it over.