Which US states allow divorce during pregnancy and which states cannot? Here the full map

Recent posts on social media, which have garnered much attention, state that judges cannot legally finalize a divorce if a woman is pregnant in four states including Arkansas, Arizona, Missouri and Texas. This in fact is true for Missouri under the law, but in the others it depends on the judge. However, there are other states where the presiding judge may not sign the divorce decree until after the baby is born.

That said though, no state has a law preventing a couple from initiating a divorce procedure, not even if the wife is experiencing domestic abuse, while the wife is pregnant. However, a pregnancy can make the situation more complicated due to issues of paternity and custody of the unborn child and financial support.

Why states don’t allow divorce during pregnancy

In California and Missouri, there is a law that dictates that a divorce where the wife is pregnant cannot be finalized until after the birth, according to law firms in those states. But this is not the case in every state where the practice takes place.

Judges in several states where there is nothing codified into law may decide to wait before signing off on the dissolution of the marriage. This is primarily due to questions about custody agreements and child support, which could be difficult to amend after the final divorce settlement is signed.

While everyone plans for a healthy baby to be born, that may not be the case. “If a baby were to be born with serious medical issues, that could drastically affect any custody and support agreements already in place,” explains Scholl Law Firm. That’s why judges typically will not sign off on a divorce decree in Arkansas until the baby is born.

Paternity can be another sticky issue, even after a divorce is finalized. If a spouse becomes pregnant before the divorce is finalized, the ex-husband is presumed to be the legal father even if he is not. In some states, even up to 300 days after the divorce is finalized like in Massachusetts and Tennessee.

Which US states don’t allow divorce to finalize during pregnancy?

The following are states where a divorce with a pregnancy may not be able to be finalized until after the baby is born:

Note that judges in some of the above states are more likely not to sign off on the divorce until the baby is born than others. Some states also require a minimum period of time from when the divorce papers were filed before it can be finalized, which could possibly delay the process beyond the birth of the child.

It is recommended to speak to a divorce attorney to get a better understanding of what the situation is in your state.

Law offices and state governments across the country stress that if a pregnant mother is in an abusive relationship that they should seek safety away from their aggressor as well as a protective order. This in no way will prevent them from being able to file for divorce.