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Getting a Florida Divorce While Pregnant


No divorce is easy. However, some divorce cases are more challenging than others. For example, divorce can be quite difficult if one party is pregnant. Not only is it challenging to go through a divorce while pregnant because of the physical challenges that happen during pregnancy, but also because of unexpected legal issues. If you are pregnant and plan to move forward with a divorce, you should hire a skilled family law attorney who can help you understand what to expect.

Is It Legal To Get a Divorce in Florida While Pregnant? 

In Florida, a spouse can file for divorce even if one party is pregnant. However, the divorce will most likely only be finalized after the child is born. When pursuing a Florida divorce, pregnancy may extend the length of the divorce. If you are pregnant, you might need to wait longer for your divorce to be finalized. It’s important to talk to a lawyer and determine how your pregnancy will impact your divorce case.

Why Do People Divorce When One Party Is Pregnant?

For many couples, pregnancy is a time to grow closer as they wait for the child’s birth. However, there are various reasons why getting a divorce at this time can be unavoidable. The following are some of these reasons;

  • Infidelity
  • Domestic violence
  • One partner didn’t want the baby in the first place
  • Difficulties caused an escalation in fighting
  • One partner feels they were tricked into having a baby

Proceeding With Divorce During Pregnancy

Firstly, pregnancy must be certified in the initial divorce petition or the answer by the responding party. If you are represented by a lawyer, they will acknowledge the pregnancy in your initial pleading. However, as mentioned already, the divorce will most likely not be finalized until after the baby’s birth. Divorce cannot be granted until the issues of timesharing and child support are addressed.

What if My Husband Is Not the Biological Father of the Child?

When a married woman gets a child in Florida, it is presumed that her husband is the child’s legal father. So while another man might be the biological father of your unborn child, your husband is assumed to be the child’s legal father. It is presumed that your husband has the rights and responsibilities related to the child, such as timesharing.

However, this can change. If your husband files a petition for the disestablishment of paternity in court and the child’s biological father establishes paternity, the legal status can change. In Florida, paternity can be established by the child’s parents signing an Acknowledgment of Paternity form or with a legal order.

Is It Possible for a Divorce To Be Finalized Before the Child Is Born?

It is unusual for a divorce to be finalized before the birth of a baby, but it can happen. If your husband is not the biological father of your unborn child and the biological father signs an affidavit stating they can and will assume financial responsibility for the child, the divorce MAY be granted.

Contact an Orlando Divorce Lawyer

Contact our experienced and dedicated Orlando divorce lawyers at Arwani Law Firm if you are pregnant but want to move forward with your divorce in Florida.

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