For pregnant individuals, divorce can be a complex and emotionally charged process. While some states allow divorces to proceed regardless of pregnancy, others permit delays until after the baby’s birth. Here are the states where pregnancy does not necessarily bar divorce.
Divorce is a challenging process, especially for pregnant individuals who face emotional abuse or lack of physical safety. While some states delay divorce proceedings until after the birth of the baby, others permit it to proceed regardless of pregnancy.
Pregnancy during divorce can be a complex and emotionally challenging situation.
According to the American Community Survey, in 2019, approximately 40% of pregnancies in the United States occurred outside of marriage.
When pregnancy occurs during divorce proceedings, it's essential for both parents to prioritize communication and co-parenting.
Research suggests that joint custody arrangements are beneficial for children's emotional well-being.
The National Center for Health Statistics reports that in 2020, over 60% of married couples with a child under the age of 18 experienced a divorce or separation.
The following 36 states permit divorce while pregnant:
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Virginia
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Wisconsin
In these states, pregnant individuals can complete their divorce proceedings without waiting for the child’s birth. However, child-related orders such as child custody and child support may still require additional steps to establish the legal responsibilities of each party.
While there is no outright ban on divorcing while pregnant in these states, you may not reach a resolution until after the birth of the baby:
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Alabama
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Arizona
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Arkansas
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Wyoming
It’s essential to note that some sources claim these states have specific laws or restrictions, but a fact-check by USA Today found that while they may not finalize the process during pregnancy, they typically do not delay it either.
Texas is the only state that explicitly bans divorce for pregnant individuals. According to legal paperwork used in state divorce proceedings, divorces cannot be finalized while a woman is pregnant.
The state of Texas has a comprehensive system of laws that govern various aspects of life, including 'crime and punishment,' civil matters, and business.
The Texas Penal Code outlines the state's criminal laws, while the Texas Civil Practice and Remedies Code addresses civil disputes.
The Texas Government Code sets forth the structure and function of state government.
Additionally, the Texas Business Organizations Code regulates business entities and transactions.
Divorce can raise several legal concerns when there’s a pregnant person involved, such as child custody arrangement, establishing the child’s paternity, and financial support. Courts may hesitate to finalize child-related orders until after the baby is born to clearly assign legal responsibilities.
However, for pregnant individuals in abusive marriages or relationships, these delays can be particularly harmful. The inability to finalize a divorce can force them to remain legally bound to an abusive spouse, making it harder to secure safety and support.
‘We’re seeing lots of people citing reproductive coercion, sexual coercion, reproductive abuse or pregnancy coercion as part of their experience,’ says Marium Durrani, vice president of policy for the National Domestic Violence Hotline.
Pregnancy-related abuse can take many forms, including physical, emotional, and financial exploitation.
According to the World Health Organization (WHO), up to 15% of pregnant women worldwide experience intimate partner violence.
This can lead to increased risk of preterm labor, low birth weight, and even maternal mortality.
Identifying signs of abuse is crucial for providing support and resources to affected individuals.
As a result, it’s crucial to understand state laws on divorce during pregnancy and seek support from organizations that can provide assistance with child custody arrangements, financial support, and safety.
- howstuffworks.com | What States Allow Divorce While Pregnant? What Are the Caveats?
