Can a Pregnant Woman Get a Divorce?


Going through a Pasadena divorce is never easy, but women who are divorcing while pregnant face special challenges.

It comes as a shock to many married couples that some states do not allow a couple to divorce if the woman is pregnant, even if there is evidence to suggest that the child is the result of the woman's marital infidelity.

California does not have a law that prohibits pregnant women from filing for a divorce, but the state won't finalize the divorce until after the baby is born. This is because the court will need to formally establish the paternity of the child to handle important legal matters such as child custody, child support, and visitation.

Since pregnancy is a time of great emotional and physical changes for a woman, many experts recommend holding off filing for divorce until after the baby is born. If you are having marital troubles, you may want to consider attending counseling or see if a trial separation is helpful. Sometimes, people who are on the verge of getting a divorce while pregnant manage to work through their troubles by the time their baby is born.

If you are certain that you will want to get divorced after your baby is born, it's crucial to speak with a qualified attorney who can provide advice on how to get a settlement that will be in the best interests of both you and your child. You may also want to make arrangements to speak to a financial planner to develop a budget that takes into account the added responsibility of caring for a new baby. If this will be your first child, the cost of daycare, diapers, formula, and other newborn essentials may come as a shock.

Divorce mediation, a service in which a couple uses a trained neutral third party to negotiate the terms of their divorce, may be especially helpful in this unique circumstance. Mediation is less adversarial than traditional methods and can set the stage for a more positive coparenting relationship. Mediators are not lawyers, but many mediators will work with your attorney to make sure that your settlement is legally sound.

How Can We Help?

Please call our office at (626) 683-8113 or email us at if you need legal representation during your divorce. Our Pasadena divorce attorneys are eager to advocate for your best interests as you're going through the divorce process.