CanIfile for divorce if I’m pregnant?

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CanIfile for divorce if I’m pregnant?

My husband and I have been married for 3 months and I’m 11 weeks pregnant.

Asked on January 6, 2011 under Family Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Yes, you can file for divorce while you are pregnant.  If you and your husband are agreeable to the divorce then you can enter in to an agreement to decide the issues that the court will decide once the baby is born and so long as they comply with the law (most states have child support standards acts and worksheets that have to be prepared as to income, etc., to determine child support).  Of course the obligation to pay does not come in to effect until the child is born so you may have to just get divorced formally and then deal with the other issues once the child is born.  You should consider a separation agreement if your state allows as to health care while you are pregnant, etc., and then later file for divorce.  Good luck.


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