Important Things to Know When Getting a Divorce During Pregnancy

Maybe you and your spouse have been separated for a while, and you've gotten pregnant as the result of a new relationship. Or, perhaps you got pregnant and then decided that the marriage was no longer working out. In any case, being pregnant when you are filing for a divorce can make the whole situation a little more complicated. The laws regarding divorce can vary from state to state, and the fact that you are carrying a child can become a huge factor in the divorce. Take a look at some of the things you should know if you are pregnant and plan to file for a divorce. 

Some states will not grant you divorce while you are pregnant. 

As already stated, the laws regarding divorce can vary from state to state, so you will have to speak to your family attorney to find out for sure if you can get a divorce and if so, when. In the state of Texas, for example, the family court system is usually reluctant to allow you to get a divorce if you are pregnant. You may have to wait until the baby is born for things to be finalized. Things can get even more complicated if the soon-to-be ex-spouse is not the father of the child. 

Child support may become an issue if you are pregnant. 

In most states, whoever you are married to at the time of the baby's birth can automatically be responsible for child support. And, if you are filing for divorce and you have a child, child support can be tied in with the case automatically. Therefore, if you get a divorce and it is not finalized until after the baby is born, your ex-spouse can automatically be required to pay child support unless a paternity test can prove that the baby is not theirs. 

You may be able to file for a divorce but won't see it final until the baby is born. 

It is not at all uncommon for the family court system to prolong a divorce case if you are pregnant. You may be able to go through the filing process and everything else that is required, but you will not get your final divorce decree until after the pregnancy has concluded and the baby is born. Even in states where there is no law against getting a divorce while pregnant, this is the common action of the court system.