CanI get a divorce or an annulment ifI am pregnant?

Asked on August 24, 2011 Iowa


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.