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Divorce During Pregnancy: Family Law Fact Check

Pregnant Women and Divorce Laws: Fact Check

divorce during pregnancy fact check

Divorce during pregnancy, fact check

Pregnant Women and Divorce Laws: Fact Check

In some states across the United States, it’s a legal quagmire that can pose challenges for expectant mothers going through a divorce. In a recent Fact Check by USA Today, they review the laws concerning divorce and pregnancy, highlighting the importance of having experienced legal professionals on your side.

Finalizing Divorces and Pregnancy: The Legal Landscape

It has been established that divorces cannot be finalized in Missouri, Texas, Arizona, or Arkansas while a woman is pregnant. This, in essence, means special considerations come into play when a couple files for divorce, and the woman is pregnant. These considerations are primarily focused on ensuring the welfare and rights of the unborn child.

Missouri, Texas, Arizona, and Arkansas Divorce Laws

These states have similar laws that prevent judges from finalizing divorces if the spouse is pregnant. The laws stem from a need to clarify paternity and child custody agreements after the birth of the child. As a result, while you can file for divorce and lay down the groundwork for legal terms, courts in these states will not grant a divorce until the child is born.

Protective Measures for Victims of Abuse

Despite the delay in finalizing divorces, it is crucial to note that individuals do not have to stay in an abusive situation waiting for the divorce. Protective orders and other measures can be issued to ensure safety in cases of domestic violence. Legal professionals and advocates are always ready to assist individuals in navigating these complexities and ensuring their safety and the wellbeing of their children.

The Role of Legal Professionals

Having an experienced and dedicated legal professional or an attorney like Judie Rettele from PHM Law can be instrumental in such situations. Attorneys not only bring significant understanding of Family Law and Probate Law, but they also provide necessary advice and support throughout the process.

As Rettele explains, even considering the delay in finalizing divorces, custody, financial support, and parenting agreements can be essentially complete before the kid is born.

Frequently Asked Questions

Q: Can I file for a divorce while I’m pregnant in the United States?

A: Yes, you can file for a divorce while pregnant, but some states like Missouri, Texas, Arizona, and Arkansas may delay finalizing the divorce until the birth of the child.

Q: Are there any exceptions to finalizing divorces during pregnancy?

A: There are no exceptions to the law. However, protective orders and measures can be issued in cases of abuse.

Q: Why is there a need for a divorce to be delayed until after childbirth?

A: This is generally due to concerns surrounding issues such as paternity determination and child custody agreements, which usually can’t be resolved until after the child is born.


Understanding the nuances of Family Law, particularly around pregnancy and divorce, underscores the importance of having a skilled and knowledgeable legal professional on your side. While the law may delay finalizing the divorce, it does protect the rights and welfare of the pregnant spouse and unborn child, ensuring societal order.

Get a deeper understanding of state-wise divorce laws in the midst of pregnancy and arm yourself with knowledge and expertise from professionals like Judie Rettele from CHM Law. Explore nuanced factors like Arizona’s delay, the importance of establishing paternity and more, all in this comprehensive read.

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