Can I get a divorce while pregnant?

On Behalf of | Jan 16, 2025 | Divorce

Ending a marriage creates significant challenges, and pregnancy increases the emotional and legal complexities. If you plan to divorce during pregnancy, understanding your rights and responsibilities becomes essential.

Divorce laws during pregnancy

In Arkansas, individuals can file for divorce while pregnant. However, the law often requires courts to wait until after the child’s birth to finalize the divorce. Arkansas courts focus on protecting the rights of the unborn child when resolving legal matters. The court addresses issues like paternity and custody only after the child is born. Review Arkansas’s specific divorce laws or consult a family law attorney to clarify your options and responsibilities.

How pregnancy impacts custody decisions

Pregnancy-related divorces often involve legal acknowledgment of the unborn child. Courts seek to establish paternity before determining custody or child support. If the court presumes the spouse as the parent, it considers their rights and obligations. Courts typically address custody arrangements, including physical and legal custody, after the child is born.

Child support considerations

Courts usually activate child support orders after the baby is born. However, judges may address financial responsibilities during pregnancy. Courts may require the other spouse to contribute to medical expenses and prenatal care. Both parents hold a legal obligation to support the child’s well-being.

Legal and emotional support

Divorcing during pregnancy demands both legal and emotional support. Partner with a knowledgeable family law attorney to protect your rights and those of your child. Seek guidance from friends, family, or counselors to manage the stress and challenges of this situation.

Clear decision-making during this time lays the groundwork for a healthier future for you and your child. Use available resources and stay informed about the process to navigate this chapter effectively.