Can you get a divorce if you are pregnant with that person’s child?

Asked on March 22, 2016 under Family Law, Iowa


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There’s nothing in the law that disallows a pregnant woman from getting a divorce, although it can make the process a bit more complex. This is becasue during this time, the court must deal with the unborn child. In the case of pregnancy, a court must reserve issues regarding paternity, custody, support and visitation until after the child is born and has a SSN. Therefore, the parties will need to come back to court at a later date to deal with all of these issues. Bottom line, unless there’s some reason why you must divorce now, it is to wait until the child is born, then everything can be handled at once (and for less expense).

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