CanI get a divorce or an annulment ifI am pregnant?

Asked on August 24, 2011 Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can definitely get a divorce if you are pregant. The ability to get a divorce is not affected by whether you are pregnant or not, or already have children, or intend to never have children, etc.

You may not be able to get an annulment, but that is  because annulments are only available under limited circumstances to begin with--such as if there was fraud in the marriage (the other spouse said,pre-marriage, that he wanted children when he does not not; or did not disclose that he or she is infertile), or ineligibility to get married (e.g. one person was already married), or incapacity to get married (e.g. mentally incompetent). So you might not be eligible for an annulment unless you meet one of the limited grounds for getting one. That still leaves divorce as an option.


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