For most couples, expecting a baby is a time of excitement and anticipation—decorating the nursery, choosing a name, and preparing to welcome a new life. But when a marriage begins to fall apart, what should be a joyful experience can quickly become overshadowed by heartbreak and uncertainty. Divorce is never easy, but going through it while pregnant adds emotional, financial, and legal challenges that can make an already difficult situation even more overwhelming.
While divorce during pregnancy may seem unexpected, it’s more common than many realize. Whether due to infidelity, abuse, financial strain, or other challenges, pregnancy can often be the tipping point for a marriage already on shaky ground.
If you’re pregnant and considering divorce, it’s important to know that you have the legal right to end your marriage. No state, including Arizona, prohibits women while pregnant from filing for or obtaining a divorce. However, pregnancy can introduce unique legal complexities that may impact the process. Understanding these challenges is essential for protecting your rights and ensuring the best possible outcome for both you and your child. Here are some key legal considerations you may face.
- Potential Delays in Finalizing Your Divorce: In Arizona, you can file for divorce while pregnant, but a judge may delay finalizing it until after the baby is born. This is to ensure that crucial child-related matters—such as custody, parenting time, and child support—are properly addressed as part of the divorce proceedings.
- Paternity Issues: A child born during a marriage is legally presumed to be the spouse’s. If the biological father is someone else, legal steps—such as genetic testing or a Waiver of Paternity Affidavit—may be required to establish the correct parent for custody, visitation, and support.
- Temporary Orders: Arizona courts may issue temporary orders to address immediate concerns like custody, child support, or spousal maintenance during the divorce process. While not final, these orders provide stability until the divorce is finalized.
- Post-Birth Adjustments: After the baby is born, temporary arrangements may need to be modified before the court finalizes custody, support, and other legal orders.
- Health Insurance: If you depend on your spouse’s health insurance, maintaining coverage for you and your baby is essential. The court may require the insured spouse to continue coverage throughout the pregnancy.
- Medical Bills: Prenatal care, delivery, and other medical expenses can be significant. If these costs are not fully covered, you and your spouse must negotiate how they will be divided.
- Manage Stress and Uncertainty: Excessive stress during pregnancy can affect both your health and your baby’s. It’s essential to manage stress effectively and lean on support systems. Finding effective ways to cope with the end of your marriage will help you navigate this challenging transition and make decisions in the best interest of your child.
Navigating Divorce While Pregnant in Arizona: Expert Legal Help from Shaffer Family Law
Pregnancy marks the start of a new chapter and so does divorce. The legal complexities can feel overwhelming, especially when your child’s future is at stake. But you don’t have to navigate this difficult journey alone.
At Shaffer Family Law, our experienced family law attorneys are fully prepared to handle the most complex divorce and family law cases in Arizona. We understand the unique challenges of pregnancy and having a child with your soon-to-be-ex-spouse present during divorce proceedings, and we are committed to protecting your rights and securing your child’s future every step of the way. Call (480) 470-3030 today to schedule your consultation, or book your appointment online to get the legal support you need today.
Sources:
https://www.custodyxchange.com/topics/divorce/divorce-while-pregnant.php
https://www.usatoday.com/story/news/factcheck/2024/02/28/pregnant-women-divorce-missouri-texas-arkansas-arizona/72763848007/
https://americanpregnancy.org/healthy-pregnancy/general/pregnancy-and-divorce/