Can pregnant women get a divorce in California?

On Behalf of | Jun 5, 2024 | Divorce

Many women in California wonder if they can get a divorce while pregnant. Pregnancy can be a challenging time, and some marriages face extra strain.

In some cases, ending the marriage seems like the best option.

Divorce process for pregnant women

Pregnant women can file for divorce just like anyone else. The court does not prevent a woman from filing for divorce because she is pregnant. However, the court may consider the unborn child when making decisions about the divorce. Issues like child support, custody and visitation can become more complex when the woman is pregnant.

Child custody and support

The court needs to address child custody and support during the divorce proceedings. When the woman is pregnant, the court can still make decisions about the baby’s future. The court waits until the baby is born to finalize these decisions. Once the baby is born, the court will determine custody and support based on the child’s best interests.

Impact on the divorce timeline

Pregnancy may impact the timeline of the divorce process. The court will delay certain decisions until after the baby is born. This can happen to ensure that all factors, including the baby’s health and needs, get proper consideration.

Legal requirements

California requires at least one spouse to have lived in the state for six months before filing for divorce. Additionally, the person must have lived in the county where they plan to file for at least three months. These residency requirements apply regardless of pregnancy. After meeting these conditions, the person can file for divorce and begin the legal process.

Understanding these factors can help women make informed decisions about their and their child’s futures.

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