How to Handle a Divorce While Pregnant

Updated February 21, 2017

You've likely thought long and hard about whether or not you want to end your marriage before deciding to file for divorce. You probably also tried communicating about the problems with your spouse, and you may have even attended many counselling sessions. Divorce is never an easy decision. When you add an unborn child to the equation, the decision becomes even more difficult. However, there are a few things you need to know about how to handle a divorce while you're pregnant.

Make every effort to stay in the marriage until your child is born. A divorce is much harder to handle while pregnant, and waiting until your child is born will make the proceedings much easier.

Schedule a consultation with a lawyer once you're sure you want to file for divorce while you're pregnant. In some states, it's not legal to get a divorce while you're pregnant, and your lawyer will be able to tell you if it's legal in your state.

Work closely with your lawyer to establish a justifiable reason or reasons for needing out of the marriage while you're pregnant. Even if getting divorced while you're pregnant is legal in your state, the judge doesn't have to grant you a divorce.

Be prepared to go back to court once your child is born to resolve any issues involving paternity, custody, visitation rights and child support. These issues cannot be resolved while you're pregnant, so you should be ready to go back to court once your child is born healthy and she has a Social Security number.


If it's illegal in your state to get a divorce before your child is born and you are only a month or two pregnant, consider becoming a legal resident of another state. You can become a state resident after six months and can then file for divorce in that state. Be aware that this is extreme and should only be used as an alternative if you fear for the safety of you or your unborn child.

Cite this Article A tool to create a citation to reference this article Cite this Article

About the Author

J. Johnson has been completing freelance writing work since September 2009. Her work includes writing website content and small client projects. Johnson holds a degree in English from North Carolina State University.