Pregnancy itself can be a stressful time. However, if you are in the middle of a divorce, the situation is only complicated further. While you may choose to postpone the divorce until the child has been born, not everyone wants to wait.


While there is no law that can prevent you from getting divorced just because your spouse is pregnant, you may have to deal with some unexpected legal issues as you begin the dissolution process. If you plan on moving forward with a divorce, it is best to work with a family law attorney, so you know what to expect.

Laws Related to Divorce and Pregnancy

In the state of Florida, you can file for the dissolution of your marriage while pregnant (or if your spouse is pregnant). If you plan on representing yourself, then you have to acknowledge the unborn child by using the Petition for Dissolution of Marriage With Dependent Minor Children. If you have plans to hire an attorney for help, they will acknowledge in the initial pleading that you are expecting a child. Even though you can begin the process, the divorce won’t be finalized until after the baby has been born and issues of custody/timesharing, as well as support, are addressed.

What Happens if the Father of the Baby Isn’t Your Husband?

Even if another man is the biological father of your unborn baby, according to Florida law, your husband is presumed to be the legal father. The legal father is the person who has the responsibilities and rights to care for the child, such as visitation, timesharing, participations regarding child care and the obligation to provide financial support for the needs of the child.

To change the legal status, then the legal father has to file a petition for the disestablishment of paternity; also, they will have to establish paternity.

Are there any Cases when a Florida Divorce will be Granted Prior to the Baby’s Birth?

Even though this is unusual, there may be situations where a divorce is granted before a baby is born. Some situations that may dictate this include:

  • If you are pregnant and the person you plan to divorce isn’t the father to the child AND
  • The child’s biological father will sign an affidavit that states that will assume all financial responsibility for the child in question.

Even in this situation, there is only a small chance that the divorce will be granted before the baby is born.

The bottom line is that if you are pregnant and want to seek a divorce in Florida, the process is going to be quite complicated. If you are in this situation, it is a good idea to consult with a family law attorney to ensure you know what your rights are and what options you have.

If you need help or assistance, then you should contact the attorneys at The Carolan Family Law Firm, P.A. by calling 305-358-2330. You can schedule a consultation to learn what rights you have.A