Divorce is difficult under any circumstance, but when you’re pregnant, it can feel overwhelming. If you’re expecting and considering divorce, you may be wondering about your options. You might be questioning whether or not it is even legal to divorce while pregnant. Let’s look at your options so that you can make the best choice for you and your family.
Divorce Laws During Pregnancy: What You Need to Know
Divorce laws vary from state to state, and while most states allow you to start the divorce process while pregnant, a few states have restrictions or waiting periods. Understanding the laws is important as it can affect how you choose to time your divorce.
Pregnancy can add layers of complexity to divorce because of issues such as child custody, child support, and visitation. The decisions you make during your divorce process will affect your Parenting Plan. Navigating these legal matters early on will help you prepare for your divorce and your baby’s arrival.
States That Allow Divorce While Pregnant
The majority of states allow you to begin divorce proceedings while pregnant. We understand that delaying the process can create more stress for parents who are already going through an emotional time. That said, it is important to know the specific rules where you live.
States With Restrictions on Divorce During Pregnancy
A handful of states, however, do have laws that make it harder to get divorced while pregnant. These laws often exist to ensure the rights of the unborn child and to establish paternity before the divorce is finalized. In states with restrictions, you might have to wait until after your baby is born to legally end your marriage. While this delay can feel frustrating, it’s designed to ensure everything is handled properly for your child’s future.
“Children need both parents to focus on what’s best for them,
Even when they no longer live together.
Co-Parenting after divorce requires teamwork, respect,
and commitment to the child’s well-being” – T. Berry Brazelton
Paternity and How It Impacts Divorce
If there is a question about who the baby’s father is, that can also affect your divorce. Establishing paternity is an important step that can slow down the process. As decisions about custody and child support hinge on who is legally recognized as the father. Sorting out these details sooner rather than later will help avoid any unnecessary complication or delay.
Why Mediation May Be The Option
Mediation is a much gentler, less conflictual process than litigating a divorce in court. Here are some reasons that mediaiton is especially helpful when the divorcing spouses are expectant parents:
- Less Stress, More Cooperation: Instead of a court battle, mediation is a calm, supportive place to work through concerns. The Aurit Center’s process is designed to reduce stress and keep things as peaceful as possible.
- Better Communication: Mediators guide open, honest and respectful communication even when spouses have trouble communicating. Mediation helps you build a foundation for healthy co-parenting now and into the future.
- Focus on Your Baby’s Best Interests: Mediators prioritize the well-Being of your child, helping you create a parenting plan that puts your baby’s needs first.
- Cost effective and Quicker: Mediation tends to be faster and less expensive than drawn out Court battles, saving you both time and money that you’ll need for your growing family.
Mediation can help you find that peace and create a future focused on cooperation rather than conflict. Aurit Mediators are here to support you every step of the way.
If you are navigating divorce while pregnant, we are here to guide you through it with compassion and expertise. We know this is a unique and difficult time and we’re committed to helping you find solutions that work for both of you and your baby.
Here’s how we can support you:
- Address your top concerns and priorities;
- Help you and your spouse create thoughtful child-centered parenting plan;
- Resolve financial matters and property issues, and
- Foster a cooperative mutually-agreeable resolution
Please know, you’re not alone. With the right support you can work through the challenges of divorce while pregnant and move toward a future filled with hope – we’re here to help you get there!
If you’re ready to explore how mediation can help, please contact us at the Aurit Center for Divorce Mediation for a Free 1 Hour Consultation.